Hicks Thomas Attorneys Secure Big Win on Appeal for GHP Nail Systems

Appeals court reverses nearly $3 million award, renders a take-nothing judgment

HOUSTON, June 30, 2022 /PRNewswire/ -- The Texas 14th Court of Appeals has reversed a $2.7 million judgment against the Houston-based cosmetics company GHP Nail Systems, granting a take-nothing judgment against the Netherlands-based cosmetics distributor Benelux.

Benelux and GHP entered into an Exclusive Distribution Agreement in 2013, with Benelux agreeing to distribute, market, sell, and advertise GHP's Haute Polish gel nail polish products in the Netherlands, Belgium, and Luxembourg. Benelux later claimed the nail polish bottles were defective, and after failing to reach a resolution in the dispute, Benelux terminated the agreement in 2015.

GHP filed suit claiming breach of contract and misappropriation after Benelux began selling its own brand of gel nail polish products.

Benelux countersued for breach of contract and violation of the Texas Deceptive Trade Practices Act, among other claims, and was granted the $2.7 million award in 2019. However, the Court of Appeals has now ruled that the trial evidence was "legally insufficient to support a finding that Benelux suffered any damages," reversing the judgment in its entirety.

Robin Harrison and Amanda Goldstein, of Houston law firm Hicks Thomas LLP, represented GHP in the trial and appeal of the case.

"There were a number of claims where we thought Benelux's proof had fallen short during the trial, and the Court of Appeals agreed," said Harrison. "We're pleased with the outcome for our client."

Founded in 1997, Texas-based Hicks Thomas LLP is a premier litigation firm representing plaintiffs and defendants across the nation. With offices in Houston, Austin, Beaumont, Amarillo, and Sacramento, California, the firm provides in-depth experience in cases involving oil and gas, environmental, complex commercial, toxic tort, construction, products liability, corporate governance, securities, banking, insurance coverage, transportation, trade secrets and business litigation. Visit the firm at https://www.hicks-thomas.com. 

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SOURCE Hicks Thomas LLP