Practice Description

Mr. Sudbury’s practice involves representation of regional and national clients in financial institution litigation involving residential mortgage loans, including loan repurchase, wrongful foreclosure, debt collection and lien priority matters. He also regularly represents clients in construction litigation, health care litigation and insurance disputes.

Representative Experience

Represented national financial institutions in various litigation matters, including loan repurchase related issues.

Represented national health care providers in various litigation matters, including service contract and employment related issues.

Represented regional financial institution in various litigation matters, including insurance disputes and employment related issues.

Represented insurers and insureds in various insurance coverage disputes.

Selected Publications, Seminars and Cases

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

Home Loan Corp. v. JPMorgan Chase Bank, N.A., 312 S.W. 3d 199 (Tex. App. – Houston [14th Dist.] 2010, no pet.)

Red Rock Properties 2005, Ltd. v. Chase Home Finance, LLC, No. 14-08-00352-CV, 2009 WL 1795037 (Tex. App. – Houston [14th Dist.] June 25, 2009, no pet.)

Cuauhtli v. Chase Home Finance LLC, 308 Fed. App. 772 (5th Cir. 2009), cert denied 129 S. Ct. 2447 (2009)

Mitchell v. Chase Home Finance, LLC, No. 3:06-CV-2009-K, 2008 WL 623395 (N.D. Tex. March 4, 2008)

Schuhart v. Chase Home Finance, LLC, No. C-05-385, 2006 WL 1897263 (S.D. Tex. July 10, 2006)

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)