Thomas Kelly, Jr. has been extensive experience with civil litigation, which typically arises from disputes or disagreements regarding rights or obligations between two or more parties. Tom has been involved in many civil jury trials involving corporate, real estate, construction, and contract disputes. Tom provides experienced, cost-effective counsel and advocacy in a wide range of disputes including those involving:
- Real estate, including title, lending, escrow and real estate transactions
- Business contracts
- Construction contracts and defects
- Business, including breach of contract, breach of fiduciary duty and fraud
- Landlord-tenant issues
- Land use
- Insurance coverage
- Many other legal disputes
In Armitage v. Decker (218 Cal.App.3d 887, 267 Cal.Rptr. 399), property claims were asserted against Mr. Kelly's clients by an attorney who owned the adjoining property. The attorney claimed that an old fence was the boundary line between the attorney's property and his clients, the Deckers. The dispute also involved damages caused by the attorney's trespass on the Decker's property. With Tom's representation, the Deckers were entirely successful in the litigation.
In another case Mr. Kelly represented a beneficiary of a Texas estate. On the day of trial in Houston the estate and the executor stipulated to a multi-million dollar judgment settlement. The executor then declared bankruptcy. To enforce the judgment, Mr. Kelly then brought an action in New Mexico to compel the local sheriff sell mineral rights owned by the estate. The executor objected. The New Mexico district court would not honor the Texas judgment. On appeal the district court was reversed by the New Mexico Court of Appeals. The mineral rights were sold at a sheriffs sale to the beneficiary based on a market value of between $590,000 and $720,000 (Williams v. Crutcher 298 Pac.3rd 1184).