Archive

William R. Weinberg

Richard L. Smith, Jr.

November 29, 2013

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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

Arthur F. Selander

November 29, 2013

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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

Brent J. Rodine

November 29, 2013

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Practice Description

Mr. Rodine has extensive experience representing receivers appointed to locate and recover assets in securities fraud cases brought by the U.S. Securities and Exchange Commission. In that capacity, he has helped manage and sell complex asset portfolios to distribute back to defrauded investors.

Mr. Rodine also works with the financial products litigation team in handling lawsuits that arise from residential and commercial loans.

Representative Experience

Represented the receiver for a portfolio of life settlement policies with a combined death benefit exceeding $236 million.

Represented the receiver for a portfolio of life settlement policies with a combined death benefit exceeding $56 million.

Represented the receiver in numerous lawsuits recovering more than $11 million from a multiple-tiered Ponzi scheme in Texas, California, and Oregon.

Appointed receiver by U.S. District court for debtors who owned and operated a medical service provider.

Represented investors who lost money in the Ponzi scheme operated through Stanford International Bank, Ltd. and successfully defended the receiver’s claims against them in the trial court and on appeal.

Has regularly represented a variety of plaintiffs and defendants in contract, commercial tort, and fiduciary duty litigation.

Selected Publications, Seminars and Cases

Janvey v. Adams, 588 F.3d 831 (5th Cir. 2009). Protected defrauded investors against disgorgement claims filed by the receiver for Stanford International Bank, Ltd. and defended that ruling on appeal.

Quilling v. Schonsky, 247 F. App’x 583 (5th Cir. 2007). Successfully defended appeal of the trial court’s finding that the investment was a Ponzi scheme under the Uniform Fraudulent Transfer Act.

Quilling v. Stark, 2007 WL 415351 (N.D. Tex. Feb. 7, 2007). Recovered assets transferred into the equity of a homestead to avoid collection.

Quilling v. Humphries, 2006 WL 2934276 (N.D. Tex. Oct. 13, 2006). Secured a $9 million judgment against attorney accused of advising and facilitating a Ponzi scheme.

Awards & Honors

SuperLawyers: “Texas Rising Stars” (Texas Monthly magazine, 2012-2014)

Alissa Puckett

November 29, 2013

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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