June 30, 2022

Hicks Thomas Attorneys Win Appeal for GHP Nail Systems, Reversal of Nearly $3 Million Award

By Hicks Thomas LLP


Hicks Thomas LLP has won an appeal on behalf of its client GHP Nail Systems after the Texas 14th Court of Appeals reversed a $2.7 million judgment against the Houston-based cosmetics company in its breach of contract fight against 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 later 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.

Hicks Thomas attorneys Robin Harrison and Amanda Goldstein 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”.

View Our Press Release: HERE

Related Posts

Hicks Thomas Attorneys Featured in Texas Lawyer Article Advising Employers on Best Ways to Handle Progressive Disciplinary Policies

Texas Lawyer magazine has published an article on progressive disciplinary policies by Hicks Thomas attorneys Stewart Hoffer, Kasi Chadwick and Miranda Granchi. In the article, “Remote Work & Progressive Disciplinary Policies: How Employers Can Stay Ahead of the Game”(subscription required), the three experienced employment law attorneys discuss the importance of executing a…

Full Text

Hicks Thomas Named Among the Top Litigation Firms for 2023 by Benchmark Litigation

Hicks Thomas LLP is pleased to announce it is being honored for a fourth straight year by Benchmark Litigation, an internationally recognized guide to the top litigation firms and lawyers. The firm is recognized for excellence in dispute resolution in the guide’s 2023 listings, while firm partners John B. Thomas, Robin Harrison, Courtney Ervin,…

Full Text

Hicks Thomas Wins Appeal in East Texas Mineral Rights Dispute

TEXARKANA, Texas – Hicks Thomas lawyers won a Texas appeals court ruling for MJR Oil & Gas 2001 LLC involving a dispute over dozens of East Texas leases. What are Mineral Rights in Texas? In the state of Texas, mineral rights are regarded as the rights to mineral deposits that…

Full Text

Call: 713-547-9100