Layne Walker, a current Provost Umphrey attorney and former judge of the 252nd District Court, filed his suit April 14, 2015, in Jefferson County District Court.
Walker opted to leave the bench in January 2014 to work for Valero as a tax attorney.
Last November, Valero filed an amended answer, denying that it entered into an agreement with Walker, court records show.
Nearly a year later, on Oct. 6, Valero filed a motion for summary judgment, arguing the alleged agreement is unenforceable by a matter of law.
In his suit, Walker says Roy Martin Jr., who was vice-president of the ad valorem property tax section of Valero at the time, promised him he would make so many millions of dollars that he would be able to buy his own jet plane if he came to work for Valero.
Valero maintains that it does not enter into contracts involving ad valorem tax.
Several meetings between Walker, Martin and PU took place. Walker agreed to resign as district judge and work for Valero for a three-year period. His pay package consisted of a $50,000 a month salary and a reverse contingency of 33 1/3 percent for any reductions in ad valorem taxes resulting from Walker’s efforts.
During his first year on the Valero payroll various problems cropped up. Walker discovered Martin was padding his expense account, many times charging expenses to the company under another individual’s name, the suit alleges.
Walker also learned Martin expected Walker to buy various items for him. For example, Martin told Walker to buy him a John Deere tractor and deliver it to his ranch. When Walker refused, his $50,000 salary fell into arrears.
For tax year 2013, Walker maintains he saved Valero $15 million in taxes, entitling him to $5 million, which he never received.
Walker alleges Valero breached its contract by refusing to pay him his regular salary, let alone his reverse contingency.
Valero denies that there was a three-year contract or that there was any sort of reverse contingency fee agreement between the parties.
In its motion for summary judgment, Valero contends Texas law will not enforce an “unwritten contingency fee agreement” for legal services, nor will Texas law enforce an unwritten agreement that is not to be performed within one year.
“Even if the alleged agreement occurred here in face – which it did not – the alleged agreement is unenforceable as a matter of law,” the motion states.
Walker is seeking damages in excess of $6 million.
Walker is represented in part by Jon Burmeister, attorney for the Beaumont law firm Moore Landrey.
Valero is represented in part by Beck Redden attorney Curt Webb.
Judge Milton Shuffield, 136th District Court, is assigned to the case.
Case No. D196-997