Kent Hofmann

Kent represents clients in a wide array of litigation matters, including commercial lending disputes, lender liability claims, contract disputes, insurance coverage issues, mechanic’s liens, real estate disputes and loan workouts, and receiverships. He has significant experience in regulatory and administrative litigation for health care clients. Kent’s clients range from banks and insurers to health care providers, commercial landlords, and developers.

Kent’s approach to litigation is to begin with a thorough understanding of the client’s goals and concerns in each case or dispute, and then to develop and execute a plan to work to achieve those goals strategically and efficiently. Under that approach, he has represented clients in high-stakes cases, such as a multibillion-dollar case against a bank client arising from a Ponzi scheme.

When warranted, Kent has secured summary judgments for clients in complex contract disputes for bank, insurer, and other clients. His work in administrative and regulatory litigation includes leading teams in appeals of Medicaid audits and defending health care providers against state actions seeking license revocation and administrative penalties.

Business Litigation

• Represented a bank in a high-profile litigation defending against allegations involving a Ponzi scheme and alleged damages in the billions.
• Represented a client in litigation concerning contract and other claims over a clinical trial of a developmental therapy in which the plaintiff alleged damages of $50 million.
• Part of a trial team that obtained a take-nothing jury verdict for an insurer sued by a former agent alleging claims for $70 million.
• Obtained summary judgment for the plaintiff in a breach of contract lawsuit concerning failure to repurchase mortgage loans and defended judgment on appeal.
• Repeated representation of a bank in disputes and lawsuits involving lender liability, deficiency claims, executions and collections, property tax lending and related issues, subpoenas, workouts, and other matters.

Pro Bono

• Served on a team that worked with Texas Appleseed on projects that supported the passage of the Michael Morton Act reforming discovery procedures in criminal matters.

Administrative Litigation

• Led litigation teams that represented health care providers in administrative appeals of Medicaid Integrity Contractor (MIC) and ZPIC audit findings, and extrapolations of alleged overpayments.
• Represented health care providers in administrative proceedings against actions for license revocation and administrative penalties.

Reported Decisions

• Lionhead Property v. AmGUARD Insurance Co., 2023 WL 4279321 (W.D. Tex. 2023).
• Alyna East Hotel Management, LLC d/b/a Super 8 Motel v. AmGUARD Insurance Company, 2022 WL 1797035 (W.D. Tex. 2022).
• Mazhar Footsteps, LLC v. AmGUARD Insurance Co., 2020 WL 7670245 (W.D. Tex. 2020).
• Texas Disposal Systems, Inc. v. Arch Specialty Insurance Company, 854 Fex. Appx. 576, 2021 WL 1805865 (5th Cir. 2021).
• Khatib v. Cathay Bank, 2012 WL 3072326 (N.D. Tex. July 26, 2012).
• Zurich American Insurance Co. v. Arch Insurance Co., 2021 U.S. App. LEXIS 36916 (5th Cir. 2021).
• Trian LLC v. NovaStar Mortgage, Inc., 2009 WL 2837667 (Tex. App. – Austin 2009).