Archive

Alissa Puckett

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

Matt R. Pickelman

November 29, 2013

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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

James H. Moody III

November 28, 2013

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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

Elizabeth Hunter

November 9, 2013

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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

David Hoffmann

November 9, 2013

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Practice Description

Mr. Hoffmann is a shareholder in the Family Law Section at QSLWM and is Board Certified in Family Law by the Texas Board of Legal Specialization.  He focuses his practice on helping individuals and families cope with the often trying issues associated with divorce, property division and child custody.  Mr. Hoffmann utilizes his extensive litigation experience in a manner designed to protect his clients’ interests while focusing on ensuring that the best interest of the children are protected throughout the process.

Representative Experience

Mr. Hoffmann has represented numerous clients in various family law matters in the Family Courts of Dallas County and Tarrant County as well as the District Courts of Collin County, Denton County, Ellis County, Kaufman County, Parker County and Rockwall County.  Family law issues Mr. Hoffmann has litigated include Divorce, Complex Property Division, Child Custody, Grandparent Access, Termination of Parental Rights, Adoption, Paternity, Child Support Enforcement, Possession and Access, and Family Violence.

Selected Publications, Seminars and Cases

2013 – Presenter at Dallas Volunteer Attorney Program presentation “Pro Bono Divorce”

2012 – Co-author “Contempt Enforcement — A primer for the new practitioner” presented at 2012 Advanced Family Law Boot Camp

2011- Presenter Support and Maintenance workshop for Half-Moon presentations in Dallas, Texas

2005 – Presenter “effective trial techniques”

Community Involvement, Affiliations and Memberships

Dallas Bar Assocation – Member

Dallas Association of Young Lawyers – Softball Committee Chairman/Commissioner (2008 – 2011)

White Rock YMCA – Board of Directors (2010 – 2014)

Awards and Honors

Annette Stewart American Inn of Court (2012)

“Rising Star” (Texas Monthly Magazine 2014)

2015 Texas Rising Star in Family Law (Super Lawyers/Texas Monthly)

2015 Top 10 Family Law Attorney Under 40 State of Texas (National Academy of Family Law Attorneys)

Board Certified Family Law by the Texas Board of Legal Specialization

Michael Feiler

November 9, 2013

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Practice Description

Mr. Feiler helps clients in a variety of litigation matters including commercial and construction disputes, along with complex insurance litigation, coverage disputes and rescission actions (especially involving fidelity and surety bonds), and the defense of insureds in a variety of business, property, and personal injury claims. Although primarily on the defense side, his practice includes representation of plaintiffs in complex insurance and commercial litigation, and employment-related claims.

Representative Experience

Representation primarily on defensive side, but also represents plaintiff-insurers in coverage disputes.

Speaker at national programs related to fidelity and surety law.

Selected Publications, Seminars and Cases

Timing is Everything, Except When it Isn’t: The Notice/Prejudice Rule and Its Effect on Fidelity Bond Claims, American Bar Association, Tort Trial & Insurance Practice Section, Fidelity and Surety Law Committee (author and speaker)
(New York, Jan. 27, 2012).

You Can’t Ask That! Asserting Work Product Protection for Deposition Preparation Materials,
20 The Brief, No. 2 (ABA Winter 2011).

Co-Author, When is a Material Change Really Material?, 13th Annual Gulfcoast Fidelity & Surety Institute
(Boca Grande, June 2-5, 2011).

Ponzi Schemes: Claims, Coverage Issues and Quantification of Losses, Surety Claims Institute (author and speaker)
(Cape Cod, MA, June 24-26, 2009).

Contributing Author, The Attorney-Client Privilege and the Work Product Doctrines – The Boundaries of Protected Communications Held By Insureds and Insurers, XIV Fidelity Law Journal
(Michael Keeley and Martha L. Perkins, eds. October 2008).

Co-Author, Voiding A Policy Obtained By Fraud, Other Than Through Normal Rescission, 10th Annual Gulf Coast Fidelity and Surety Institute (May 29 – June 1, 2008).

Contributing Author, Loan Loss Coverage Under Insuring Agreement (A), in Loan Loss Coverage Under Financial Institution Bonds (Gilbert J. Schroeder and John J. Tomaine, eds., ABA 2008).

Co-author, Construction and Surety Law, Annual Survey, 61 SMU Law Review 705 (2008).

Thornburg Insulation, Inc. v. J.W. Terrill, Inc., The Missouri Court of Appeals Correctly Interprets Standard-Form
Commercial Crime Policy Definition of “Occurrence”, Fidelity Law Assoc. Newsletter (Jan./Feb. 2008).

Co-author, Construction and Surety Law, Annual Survey, 60 SMU Law Review 839 (2007).

Co-author, Construction and Surety Law, Annual Survey, 59 SMU Law Review 1079 (2006).