Tim handles civil trials, arbitrations, and appeals in state and federal courts. Specific practice concentrations include insurance, construction, intellectual property, commercial litigation, and general tort litigation. Tim has substantial experience in complex construction litigation, trying cases to a verdict, and appellate practice before Texas and Federal district and appellate courts.
Honors and Activities:
Life Fellow, Texas Bar Foundation
Supreme Court of Texas; U.S. Fifth Circuit Court of Appeals; U.S. District Courts for the Northern, Eastern, Southern and Western Districts of Texas.
Construction Section, Defense Research Institute; Appellate Amicus Committee, Texas Association of Defense Counsel; Litigation Section, State Bar of Texas; Construction Section, State Bar of Texas; Insurance Section, State Bar of Texas; Appellate Section, State Bar of Texas; Austin Bar Association.
Author and Speaker:
Tim writes and speaks on construction, insurance, and litigation topics, including the annual Chamberlain♦McHaney Ultimate Claims Handling Seminar, offered as continuing education for the insurance industry and held in Dallas each October.
University of Texas at Austin (B.A. (Government) with honors, 1981); University of Texas at Austin (J.D., 1984).
Selected Appellate Opinions:
Graper v. Mid-Continent Casualty Co., No. 13-20099 (5th Cir. 2014) (Circuit Court of Appeals affirms summary judgment for client insurer that insured was not entitled to select counsel at insurer’s expense to defend copyright infringement case because coverage issues would not be determined in liability suit and extra-contractual claims were properly dismissed.)
Petroleum Solutions, Inc. v Head Enterprises, No. 11-0425 (Tex. 2014) (Texas Supreme Court applies new rules for spoliation and reverses judgment against client based on trial court’s abuse of discretion in imposing improper sanctions that resulted in improper judgment.)
Materials Evaluation and Technology Corp. v. Mid-Continent Cas. Co., No. 12-40186 (5th Cir. 2012) (Fifth Circuit Court of Appeals agrees with client and lower court that insured was not entitled to assume to a “renewal” policy had the same terms as prior policy when the renewal policy endorsement indicated change in terms.)
Mid-Continent Casualty Co. v. Global Enercom Mgmt., 323 S.W.3d 151 (Tex. 2010) (Texas Supreme Court agrees with client, reverses lower courts and enforces “auto use” exclusion to reject coverage claim under $1M CGL policy arising from triple fatality accident.)
Ramirez v. Fifth Club, Inc., 196 S.W.3d 788 (Tex. 2006) (Texas Supreme Court agrees with client and reverses lower court judgments and overrules prior precedent in holding Texas law does not recognize a “personal character” exception to general rule of non-liability for acts of an independent contractor.)