Practice Description

Mr. Smith represents clients in a variety of litigation matters including commercial and personal injury disputes. Primary focus is complex insurance litigation including coverage disputes, insurance “bad faith” litigation and first party property claims as well as the defense of insureds in a variety of business and personal injury disputes.

His practice also includes professional liability cases, including the defense of attorneys, insurance agents/brokers and other professionals. Although primarily on the defense side, practice includes representation of plaintiffs in complex commercial and insurance litigation.

Representative Experience

Has represented clients in a variety of litigation matters, including commercial and personal injury disputes.

Selected Publications, Seminars and Cases

United National Ins. Co. v. Mundell Terminal Services, Inc., 740 F.3d 1022 (5th Cir. 2014)

Dyess v. Harris — S.W.3d —-, 2009 WL 3462053 (Tex. App.-Houston [1st Dist.] 2009, review denied)

Universal Underwriters Ins. Co. v. New Braunfels Trans, Inc., 2006 WL 2707003 (Tex. App.-Austin, September 20, 2006)

Bergenholtz v. Cannata, 200 S.W.3d 287 (Tex. App.-Dallas 2006)

El Dorado Motors, Inc. v. Koch, 168 S.W.3d 360 (Tex. App.-Dallas 2005)

Prieto v. John Hancock Mutual Life Insurance Company, et al., 132 F. Supp. 3D 506. Aff’d 35 Fed Appor. 390 (5th Cr. 2002).

“ Spoliation of Evidence” – Texas Independent Insurance Adjusters’ Association, Annual Meeting (November, 1999).

“ Inverse Condemnation Based on ‘Bad Faith’ Delay”, Defending Governmental Entities symposium (December, 1995).

Awards & Honors

“Texas Super Lawyers” (Texas Monthly magazine, 2004-2010, 2012)

“Texas Top-Rated Lawyers” (Dallas Morning News & The Wallstreet Journal, 2013)

AV ® PREEMINENT Martindale-Hubbell rating

Practice Description

Mr. Selander represents a wide variety of clients in state and federal trial and appellate courts regarding business, commercial, banking, real estate, construction, oil and gas, municipal regulation and constitutional litigation.

Representative Experience

Served as lead counsel in numerous trials in state and federal court and in arbitrations before the National Association of Securities Dealers and American Arbitration Association.

Represented title insurance underwriters, title insurance agents and sellers and buyers of real estate in all aspects of real estate and title insurance litigation. Made presentations to industry groups and associations relating to real estate and title insurance law.

Represented buyers and sellers of commercial real estate and associated business not only in the Dallas/ Ft Worth market, but throughout the State of Texas.

Member of the Texas Land Title Association since 1987. Served on its Judiciary and Defense Counsel Committees.

Represented numerous clients in land use matters before the Dallas City Council, the Dallas City Plan Commission, the Dallas Board of Adjustment, the Dallas Landmark Commission and the Dallas Permit and License Appeal Board. Involved in appeals of those proceedings to both state and federal courts.

Represented commercial construction sureties in real estate development litigation and handled a landmark case in the Supreme Court of Texas which established that commercial construction sureties are exempt form statutory and common law bad faith insurance claims.

Represented business clients in litigation against governmental regulatory authorities based upon violations of state and federal constitutional law relating to freedom of expression, procedural and substantive due process, and equal protection of the law.

Member of the First Amendment Lawyers Association.

Selected Publications, Seminars and Cases

Jarvis v. K&E Re One, LLC, 2012 WL 5987385, (Tex. App. – Dallas, Nov. 30 2012)

Millennium Restaurants Group, Inc. v. City of Dallas, Texas, 191 F.Supp. 2d 802 (N.D. Tex. 2002)

Great American Insurance Company v. North Austin Municipal Utility District No. 1, 950 S.W.2d 371 (Tex. 1997)

Great American Insurance Company v. North Austin Municipal Utility District No.1, 908 S.W.2d 415 (Tex. 1995)

Julian v. Federal Deposit Insurance Corporation, 163 B.R. 478 (Bankr. N.D. Tex. 1994)

Klein v. Henry S. Miller Residential Services, Inc., 94 F.R.D. 651 (N.D. Tex. 1982)

Wyly v. Preservation Dallas, 165 S.W.3d 460 (Tex.App.–Dallas 2005)

Vandenavond v. I2 Technologies, Inc., 2008 WL 5336300 (N.D. Tex 2008)

Awards & Honors

“Texas Super Lawyers” (Texas Monthly magazine, 2011-2012)

AV ® PREEMINENT Martindale-Hubbell rating

Practice Description

Ms. Schout’s practice focuses primarily on handling many of the firm’s appellate matters for residential lending clients. In addition, Ms. Schout represents residential lending clients in litigation throughout Texas. She also devotes a significant portion of time to insurance coverage disputes involving both liability and first party property issues.

Representative Experience

All aspects of state and federal court litigation, including written discovery, depositions, motion preparation and briefing, hearings, and trial. Cases resolved by dispositive motion whenever possible to ensure efficiency and avoid delay.

Prepared appellate briefs and participated in oral argument before the state and federal Courts of Appeals.

Selected Publications, Seminars and Cases

Smith v. JP Morgan Chase Bank, N.A., No. 14-10555, 2014 WL 5658947 (5th Cir. Nov. 5, 2014)

Morlock, L.L.C. v. JP Morgan Chase Bank, N.A., No. 13-20602, 2014 WL 4652902 (5th Cir. Sept. 19, 2014)

Santiago v. Novastar Mortgage, Inc., 443 S.W.3d 462 (Tex. App.–Dallas 2014, pet. filed)

Hicks v. Chase Home Fin., LLC, No. 03-13-00007-CV, 2014 WL 4058958 (Tex. App.–Austin Aug. 13, 2014, no pet.)

Reece v. U.S. Bank Nat. Ass’n, 762 F.3d 422 (5th Cir. 2014)

Emrich v. JP Morgan Chase Bank, N.A., 575 Fed. Appx. 502 (5th Cir. 2014)

Morlock, L.L.C. v. JP Morgan Chase Bank, N.A., 575 Fed. Appx. 228 (5th Cir. 2014)

Shin v. Chase Home Fin., LLC, No. 05-12-01634-CV, 2014 WL 2993815 (Tex. App.–Dallas June 30, 2014, no pet.)

Kramer v. JP Morgan Chase Bank, N.A., 574 Fed. Appx. 370 (5th Cir. 2014)

Daniels v. JP Morgan Chase Bank, 574 Fed. Appx. 337 (5th Cir. 2014)

Johnson v. JP Morgan Chase Bank, 570 Fed. Appx. 404 (5th Cir. 2014)

French v. EMC Mortg. Corp., 566 Fed. Appx. 285, 287 (5th Cir. 2014)

Green v. JP Morgan Chase Bank, N.A., 562 Fed. Appx. 238 (5th Cir. 2014), cert. denied, 135 S. Ct. 220 (2014)

Saenz v. U.S. Bank Nat. Ass’n, 02-13-00221-CV, 2014 WL 1096042 (Tex. App.—Fort Worth Mar. 20, 2014, pet. dism’d w.o.j.)

Davis v. Citibank, NA, 05-12-01386-CV, 2014 WL 1022326 (Tex. App.—Dallas Mar. 13, 2014, no pet.)

U.S. Bank Nat. Ass’n, v. Bonney, 05-12-01294-CV, 2013 WL 7149055 (Tex. App.—Dallas Dec. 13, 2013, no pet.)

JPMorgan Chase Bank, N.A. v. Classic Home Fin., Inc., 548 Fed. Appx. 205 (5th Cir. 2013) 2009.

Massey v. EMC Mortg. Corp., 546 Fed. Appx. 477 (5th Cir. 2013)

Maxwell v. U.S. Bank Nat. Ass’n, 544 Fed. Appx. 470 (5th Cir. 2013)

JP Morgan Chase Bank, N.A. v. Dixon, 541 Fed. Appx. 423 (5th Cir. 2013)

Hudson v. JP Morgan Chase Bank, N.A., 541 Fed. Appx. 380 (5th Cir. 2013)

Jenkins v. Stewart Title Co., 05-12-00685-CV, 2013 WL 3487741 (Tex. App.—Dallas July 10, 2013, no pet.)

Atchley v. Chase Home Fin. LLC, 02-12-00365-CV, 2013 WL 3064444 (Tex. App.—Fort Worth June 20, 2013, no pet.)

Shatteen v. JP Morgan Chase Bank, N.A., 519 Fed. Appx. 320, 321 (5th Cir. 2013)

Deutsche Bank Trust Co., N.A. v. Hall, 400 S.W.3d 668 (Tex. App.—Texarkana 2013, pet. denied)

Smith v. JPMorgan Chase Bank, N.A., 519 Fed. Appx. 861 (5th Cir. 2013)

Puig v. Citibank, N.A., 514 Fed. Appx. 483 (5th Cir. 2013)

Priester v. JP Morgan Chase Bank, N.A., 708 F.3d 667 (5th Cir. 2013), cert. denied, 134 S. Ct. 196, 187 L. Ed. 2d 256 (2013)

Water Dynamics, Ltd. v. HSBC Bank USA, Nat. Ass’n, 509 Fed. Appx. 367 (5th Cir. 2013)

 

Awards & Honors

SuperLawyers: “Texas Rising Stars” (Texas Monthly magazine, 2006-2013)

Practice Description

Mr. Salazar represents owners, contractors, subcontractors and surety companies in all phases of the construction contracting process on private and public works projects. This includes the drafting and negotiation of complex construction agreements, contract award controversies, performance related disputes and contract claims.

He also advises clients in disputed matters in state and federal courts, board of contract appeals, arbitrations and mediations.

Representative Experience

Past Senior V.P. and General Counsel of large international structural steel company involved in the construction of major commercial, industrial and bridge projects including major stadiums, airports, arenas, hospitals, court buildings and power plants.

Past Chairman of DBA Construction Law Section – 1999

Past Chairman of the City of Dallas Building Code Advisory and Appeals Board

Former U.S. Army JAGC officer and procurement law attorney in Office of General Counsel for National Security Agency

Frequent Lecturer to Construction Industry, including presentations to the Associated General Contractors, AISC North American Steel Construction Conference, and Steel Erectors Association of America

Author of various legal articles and publications regarding the construction industry, including:
The Texas chapter of “50 States Public Construction Contracting Laws”; “Framing the Options in School Construction” in Texas Lawyer; “Statutes Affecting Federal Construction” at the 1989 Annual Texas Construction Law Conference, “Construction Issues for Public Owners and Contractors on Public Works in Texas” presented to the Cambridge Institute Seminar in Dallas, Texas in 1991.

Selected Published Cases

El Paso County Lower Valley Water District v. Oscar Renda Contracting, Inc., 2004 WL 1637990

Awards & Honors

AV ® PREEMINENT Martindale-Hubbell rating

Practice Description

A significant portion of Ms. Puckett’s practice is devoted to insurance litigation involving both liability and first party property disputes. Ms. Puckett also provides coverage opinions to insurance carriers regarding property and liability policies, analyzing whether coverage exists under Texas law and other jurisdictions.

Representative Experience

All aspects of state and federal court litigation, including written discovery, depositions, motion preparation and briefing, and hearings. Cases resolved by dispositive motion whenever possible to ensure efficiency and avoid delay.
Law clerk to the Honorable Douglas S. Lang, Texas Fifth District Court of Appeals, Dallas, September 2008 to August 2009.

Selected Publications, Seminars and Cases

United National Ins. Co. v. Mundell Terminal Services, Inc., et al., 915 F. Supp. 2d 809 (W.D. Tex. 2012), aff’d 740 F.3d 1022 (5th Cir. 2014)

Burlington Ins. Co. v. M-C Production & Drilling Co., et al., Civil Action No. 6:10-CV-00443, 2010 WL 1194925 (E.D. Tex. Nov. 21, 2011)

Comment: The Proper Focus for FDA Regulations: Why the Fundamental Right to Self Preservation Should Allow Terminally Ill Patients with No Treatment Options to Attempt to Save Their Lives, 60 S.M.U. L. Rev. 635 (2007)

Community Involvement

Member, Dallas Bar Association
Associate, Patrick E. Higginbotham Inn of Court 2011-2012

Practice Description

Mr. Pickelman advises clients in complex commercial litigation, in addition to the defense and prosecution of cases involving professional negligence, catastrophic injury, transportation, premises liability, construction, products liability and insurance, both coverage and bad faith on behalf of insurers and policyholders.

Representative Experience

Successfully handled numerous matters ranging from personal injury to complex commercial disputes on behalf of both defendants and plaintiffs, in state, federal and bankruptcy courts in Texas and states throughout the United States.

Diverse practice has led to success in representing clients at both trial and appeal, as well as in arbitrations and other forms of alternative dispute resolution.

Selected Publications, Seminars and Cases

Warsaw Convention Revisited for the Last Time? 64 J. AIR L. & COM. 273 (1998)

Evett v. Consolidated Freightways Corp., 110 F.Supp.2d 510 (E.D.Tex. 2000)

Mt. Hawley Ins. Co. v. Lexington Ins. Co., 110 Fed. Appx. 371 (5th Cir. 2004)

Ferguson v. Mt. Hawley Insurance Co., Civil Action No. 2:03-CV-381 (E.D.Tex. 2004)

TIG Ins. Co. v. North America Van Lines, 170 S.W.3d 264 (Tex. App. – Dallas 2005, no pet.)

Universal Insurance Exchange v. Overland Underwriting Managers, Case No. 04-82393-bjh7 (N.D.Tex. Bank. 2005)(Opinion March 28, 2005)

Connaway v. Village Farms, L.P., 200 S.W.3d 353 (Tex.App.-Dallas 2006, no pet.)

Bergenholtz v. Cannata, 200 S.W.3d 287, (Tex.App.-Dallas 2006, no pet.)

Pierre v. Newman, Davenport & Epstein, P.C., 2006 WL 1522613 (Tex. App. – Dallas 2006, pet. denied).

Diamond H. Recognition LP v. King of Fans, Inc., 589 F.Supp.2d 772 (N.D. Tex. 2008)

West American Ins. Co. v. RLI Ins. Co., 2009 WL 3327203 (W.D. Mo. 2009)

Hanson v. Greystar Development & Const., LP, 317 S.W.3d 850 (Tex. App. – Fort Worth 2010, pet. denied)

Awards & Honors

“Top Lawyers in Dallas under 40” (D Magazine 2006)
“Texas Super Lawyers — Rising Stars” (2004-2013)
“Texas Top-Rated Lawyers” (Dallas Morning News & The Wallstreet Journal, 2013)
Order of the Coif — NOTE — top 10 in SMU law graduation class
Beta Gamma Sigma — NOTE — business degree equivalent of Phi Beta Kappa
SMU Law Review