Practice Description

Mr. Moody advises insurance companies and their insureds. He has successfully tried tort and contract actions ranging in length from one day to six weeks. He also counsels clients on insurance coverage matters, frequently speaks on insurance topics, and has developed a growing mediation practice that focuses on insurance coverage disputes.

Representative Experience

Over 36 years of experience handling a broad range of tort, contract and business disputes. He has represented primary and secondary domestic insurance carriers in high exposure first- and third-party coverage, class actions, and extra contractual “bad faith” litigation. He also has experience representing London and other European carriers in primary, excess and reinsurance disputes.

Through representation of insureds, has represented product manufacturers and suppliers in both business and tort litigation. He also has experience in representing contractors in defective construction and jobsite accident cases, as well as representation of professionals in errors and omissions claims.

Selected Publications, Seminars and Cases

Fortuity Doctrine: Trying to make sense of the concepts of “Known Loss”and” Loss in Progress”, presented at 2012 University of Texas Insurance Law Institute, Oct. 2012, Austin, Texas

Subrogation and Liens – Maximizing Your Client’s Recovery, unpublished paper presented to the University of Houston’s Advanced Insurance and Tort Claims seminar (Houston and Dallas, March 2007)

Coverage Issues in Construction Defect Claims, unpublished paper presented to the University of Houston’s Advanced Insurance and Tort Claims seminar (Houston and Dallas, April 2008)

Duty to Defend and the Right to Control the Defense, unpublished paper presented at the Defense Research Institute’s Annual Symposium on Excess and Reinsurance (1991)

Hartford Fire Insurance Co. v. C. Springs 300, Ltd., 287 S.W.3d 771 (Tex. App. — Houston 2009, writ denied)

Ethics Jeopardy, Council on Litigation Management, Annual Convention (2009 and 2010)

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

Compelling Receivers to Arbitrate Under the Federal Arbitration Act, unpublished paper presented as part of the Mealey’s Insurance Insolvency and Reinsurance

Roundtable discussion on “Flirting With Disaster: Insolvency” (April 1999)

The Issues and Problems Presented by “Following Form” Excess Coverage, unpublished paper presented at the Defense Research Institute’s Annual Symposium on Excess and Reinsurance (1990)

TIG Insurance Co. v. Dallas Basketball, Ltd., 129 S.W.3d 232 (Tex. App. – Dallas 2004, writ denied)

Environmental Coverage Under First-Party Policies, unpublished paper presented at the Texas-Louisiana Oil and Gas Symposium (1992)

Maintenance v. ITT Hartford Group, 895 S.W.2d 816 (Tex. Civ. App. — Texarkana 1994, writ denied)

Nutmeg Insurance Company v. Pro-Line Corp., 836 F.Supp. 385 (N.D. Tex. 1993)

Hamm v. Allstate Ins. Co., 286 F.Supp.2d 790 (N.D. Tex. 2003)

Everest Reinsurance Company v. Howard, 950 S.W.2d 800 (Tex. Civ. App. — Austin 1997, writ denied) (lead counsel at trial court level)

Extra-contractual Claims in the Third-Party Context: Dead or Alive, unpublished presentation to the Dallas Bar Association Tort and Insurance Practice Section (May 2005)

Separating the Wheat from the Chaff: The Difference Between Breach of Insurance Contract and Bad-Faith Actions, unpublished paper presented to the University of Texas 9th Annual Insurance Law Institute (November 2004)

Insurance Coverage for Punitive Damages, Texas Association of Defense Counsel
Seminar (Las Vegas, Nevada, April 2001)

Hartford Lloyd’s Ins. Co. v. Yarbrough, 2006 WL 1469705 (S.D. Tex. 2006)

Reinsurance — What Is It?, unpublished paper presented at the University of Texas
Insurance Law Institute (September 1996)

The Advice of Counsel Defense — Its Parameters and Drawbacks, unpublished paper presented at the Defense Research Institute’s Annual Symposium on Excess and Reinsurance (1992)

Hartford Casualty Insurance Company v. Powell, 19 F.Supp.2d 678 (N.D. Tex. 1998)

Awards & Honors

“Texas Super Lawyers” (Texas Monthly magazine, 2006-2014)

“Best Lawyers in America” (U.S. News & World Report,
2006 -2015)

“Texas Top-Rated Lawyers” (Dallas Morning News & The Wall Street Journal, 2012-2014)

AV ® PREEMINENT Martindale-Hubbell rating

Practice Description

Mr. Lownds represents clients in complex litigation regarding banking, construction, fraud, corporate control, real estate, trademark infringement, commodities trading, deceptive trade practices and contract disputes. His consistent success in court has been based on his unique ability to condense and theme complex transactions and facts into simple and persuasive presentations.

Representative Experience

Appointed to American Arbitration Association, Commercial and Construction Panels, in 1991. Served as arbitrator over more than 100 arbitrations. Appointed to American Arbitration National Mass Claims Panel in 1998.

Served as lead appellate counsel in cases before the Courts of Appeal in Dallas, Houston, San Antonio, Amarillo, and Corpus Christi, as well as the Federal Circuit Courts of Appeal for the Fifth and Ninth Circuits.

Served as lead trial counsel with litigation team in over 50 trials and arbitrations involving commercial and business disputes. Trials and arbitrations range from a few days to over 4 months. Cases tried are diverse including disputes regarding construction delays in construction of petrochemical plants and retractable roof sports facility, business fraud, defective design of air separation facility, global freight forwarding contracts, trade secret and noncompetes, securities fraud, real estate, and the design, operation and warranty of industrial equipment.

Handled one of first “paperless” trials in Federal District Court in Dallas in 1995. For past 15 years has consistently taken advantage of the latest advancements in document management and presentation technology in discovery and the courtroom to provide the most effective advocacy for clients while keeping costs in line with the clients’ ultimate objectives.

Selected Publications, Seminars and Cases

Formosa Plastics Corp., USA v. Kajima International, Inc., 216 S.W.3d 436 (Tex.App.- Corpus Christi, 2006, pet. denied)

Bulko v. Morgan Stanley DW, Inc., 2004 WL 2973760 (N.D.Tex. Dec. 20, 2004) (Sanders, J.)

Federal Savings and Loan Insurance Corporation v. Cribbs, 918 F.2d 557

Campbell v. C.D. Payne and Geldermann Securities, Inc., 894 S.W.2d 411

Hirschfeld Steel Co., Inc. v. Kellogg Brown & Root, Inc., 201 S.W.3d 272 (Tex.App.- Houston [14 Dist.],2006)

American Fidelity Fire Inc. Co. v. Pixley, 687 S.W.2d 50 (Tex. App. -Houston [14 Dist]., 1985)

Shamrock Roofing Supply, Inc. v. Mercantile Nat. Bank at Dallas, 703 S.W.2d 256 (Tex. App. –Dallas, 1985)

Deer Creek Limited v. North American Mortgage Company, 792 S.W.2d 198

In re Kajima International, 139 S.W.3d 107 (Tex. App. – Corpus Christi, 2004)

Kajima International, Inc., v. Formosa Plastics Corporation, USA, 15 S.W.3d 289

Brown v. Capital Bank, N.A., 703 S.W.2d 231

Bulko v. Morgan Stanley DW, Inc., 450 F.3d 622 (5th Cir.2006)

Awards & Honors

“Texas Super Lawyers” (Texas Monthly magazine, 2004-2013)

“Texas Top-Rated Lawyers” (Dallas Morning News & The Wallstreet Journal, 2012)

AV ® PREEMINENT Martindale-Hubbell rating

Practice Description

Mr. Lewis is the managing shareholder of the financial products litigation team, handling complex litigation arising from commercial and residential loans, consumer loans, insurance and annuity policies. With a firm belief that each case demands individualized attention from the outset, Mr. Lewis works to identify the most efficient and effective means to achieve the desired result, avoiding unnecessary cost and delay. If the suit can only be resolved through a trial on the merits, he offers a proven record of successful trials based on over 20 years in practice.

Representative Experience

Multiple trials of loan origination and servicing issues

Trial of suit opposing request to invalidate home equity lien

Trial of bankruptcy action opposing sanctions for alleged stay violations

Trial of partition of commercial real property

Multiple trials of insurance claims handling issues

Trial of complex injury and joint enterprise claims

Trial of bankruptcy action opposing sanctions for alleged wrongful credit reporting

Selected Publications, Seminars and Cases

Issues in Mold Related Coverage Disputes: The Insurance Company’s Perspective, ALFA’s Mold Litigation Seminar
Key Issues in Liability Coverage for Property Damage and Bodily Injury Claims, Mealey’s Asbestos and Mold Insurance Conference

Liability of Insurance Agents and Brokers, Annual Insurance Law Institute

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

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)

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.)

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)

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

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)

Home Loan Corp. v. JPMorgan Chase Bank, N.A., 312 S.W. 3d 199 (Tex App – Houston [14th Dist.] 2010)

The Burlington Ins. Co. v. Superior Nationwide Logistics, Ltd., 2010 WL 3155916 (S.D. Tex. Aug. 10, 2010)

Red Rock Properties 2005, Ltd. v. Chase Home Finance LLC, 2009 WL 1795037 (Tex App. – Houston [14th Dist.], June 25, 2009)

Morgan v. Chase Home Finance LLC, 306 Fed. App. 49 (5th Cir. 2008)

Caddell v. Travelers Lloyds of Texas Ins. Co., 2007 WL 1574244 (Tex. App. – Texarkana June 1, 2007).

Awards & Honors

Texas Super Lawyers, 2006-2010, published by Texas Monthly magazine

AV ® PREEMINENT Martindale-Hubbell rating

Best Attorneys under 40 – D Magazine, 2004

Practice Description

Mr. Lee represents clients in litigation before state and federal courts, including complex litigation. He provides efficient and effective representation and works with clients toward beneficial resolution.

Representative Experience

Served as coverage counsel involving various types of policies.

Served as trial counsel in court and arbitration actions.

Served as appellate counsel in federal and state appellate courts.

Obtained dismissal of or judgment on various types of action through effective motion strategy.

Obtained early dismissal of civil proceeding after evidentiary hearing on personal jurisdiction.

Judicial Intern (Judge Alan Mayfield), 7th District Court, McLennan County, Texas, 2000.

Awards & Honors

Texas Super Lawyers: “Rising Star” 2007, published by Texas Monthly magazine

Practice Description

Ms. Hytken’s practice involves representation of financial institutions, banks and debt servicers in consumer financial services litigation involving wrongful foreclosure claims, the Fair Credit Reporting Act, the Fair Debt Collection Practices Act, the Texas Debt Collection Act, and the Texas Deceptive Trade Practices Act.

Representative Experience

-Represented national financial institutions in various litigation matters, including wrongful foreclosure issues.

– Represented title insurance companies and the insured in a variety of disputes, including fraud, breach of contract, and quiet title claims.

– Clerked at a federal government agency charged with supplying hydorelectric power to the Northwest. Worked on issues involving labor disputes, intergovernmental conflict, and a variety of tort issues.

Selected Publications, Seminars and Cases

“Electronic Discovery: To What Extent do the 2006 Amendments Satisfy Their Purposes?” 12 Lewis & Clark Law Review 599, 2008

Community Involvement, Affiliations and Memberships
Member, Dallas Bar Association

Committee Member, SPCA of Texas

Awards & Honors

Scholar List

Law Review

Practice Description

Ms. Hunter has over 23 years of dedicated family law practice with emphasis in divorce and asset protection, child custody, paternity, adoption, termination of parental rights, modification of custody, visitation and child support, premarital agreements, postmarital agreements, cohabitation agreements, post-divorce and enforcement issues, annulments and common law marriages.

Elizabeth handles cases in multiple counties including Dallas, Denton, Collin, Tarrant and Rockwall counties.

Elizabeth is a Certified Mediator. Elizabeth is also a trained Collaborative Law Family lawyer.

Elizabeth provides strategic divorce planning services for each individual’s needs.

Representative Experience

Numerous projects in property division including characterization, valuation, tracing, and reimbursement issues.

Numerous projects in premarital planning/asset protection.

Elizabeth is a frequent speaker on Texas family law issues.

Selected Publications, Seminars and Cases

Co-author, Dallas Bar Association, Conservatorship, Possession, Child Support and Grandparent Rights, Plain and Simple

Author/Speaker, Dallas Bar Association, Conservatorship, Possession, Child Support and Grandparent Rights

Author/Speaker, Half Moon Seminar, Working with Divorce Clients and Opposing Counsel

Author/Speaker, University of Houston Family Law Practice Seminar, Child Support and Modification: Guidelines, Guesswork or Good-Lawyering?

Author/Speaker, University of Houston Family Law Practice Seminar, ChildSupport – Including Multiple Marriage Issues and Child Support Obligations of the Six-Digit Wage Earner

Co-author with Reba Rasor, University of Houston Family Law Practice Seminar, Child Support and the Six-Digit Daddy

Speaker/Co-author with Reba Rasor, University of Houston Family Law Practice Seminar, Child Support and the Six-Digit Daddy

Community Involvement, Affiliations and Memberships

Dallas Bar Association, Family Law Section Board of Directors 1997-1999, various committees

Texas State Bar, Family Law Section

Member, The Collaborative Law Institute of Texas

Member, Collaborative Law Dallas

American Inns of Court Foundation, Annette Stewart Inn

Board Member, Our Friend’s Place

Sustainer, Junior League of Dallas

Member, DAR

Member, PEO

Awards & Honors

AV ® PREEMINENT Martindale-Hubbell rating

Technical Advisor, Family Law Issues, “Dallas” TV show