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

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