Dale Wainwright

Experience: Commercial & Personal-Injury Litigation: Represented Fortune 100 client to consult and brief and argue jury charge and spoliation issues during trial. Handled the appeal of the multibillion-dollar personal injury verdict and forced settlement through appeal-oriented trial strategy, and execution of post-verdict motion and appeal strategy.; Obtained defense judgment in a state court of last resort for international automobile manufacturer reversing a nine-figure jury verdict in commercial contract and fraud dispute.; Consulted as embedded appellate counsel at five-week trial of toxic tort case in Pennsylvania collaborating in jury selection, motions in limine, bench conferences, and the jury charge. Although local plaintiff's counsel published that it has obtained several billion dollars in verdicts in these types of cases in recent years, in this case the jury returned a defense verdict.; Applying United States Supreme Court precedent, obtained dismissal of novel claims in a United States Court of Appeals that Fortune 500 client breached fiduciary duties under ERISA retirement plan by investing in company stock.; Obtained reversal of trial court's denial of special appearance for Fortune 500, multi-national client sued for products liability in Texas by establishing insufficient specific jurisdiction to be hailed into courts in the state.; Collaborating with trial counsel, successfully handled briefing and the hearing in trial court of the forum non conveniens motion, and obtained affirmance in the court of appeals of the trial court's dismissal of the case.; Obtained affirmance in the court of appeals of the denial of a motion under the Texas Citizens Participation Act to dismiss client's commercial claims in sale of a business dispute.; Obtained reversal of trial court's ruling that Texas courts has personal jurisdiction over Fortune 100 financial institution serving as trustee of extensive physical assets in the state.; Environmental: Obtained a reversal of the court of appeals' decision upholding a trial court injunction that essentially denied the municipal client's rights pursuant to a groundwater deed to produce the groundwater under the ranch. The Texas Supreme Court dissolved the injunction vindicating our client's rights.; Obtained decision from Texas Supreme Court validating Texas Railroad Commission's approval of client's injection well when Texas Commission on Environmental Quality challenged the approval.; Energy and Infrastructure and Regulatory: Vindicating the client's position in an appeal that set precedent as the first of its kind, substantively and procedurally, and obtained a landmark victory for a Fortune 500 energy client in the Texas Supreme Court. The victory ended unconstitutional double taxation of the client arising from a decades-long boundary dispute. Executed a unique procedure, never before utilized, to file the case in the Texas Supreme Court pursuant to its original jurisdiction and successfully obtain rulings on issues of first impression.; Obtained Texas Supreme Court ruling to enforce lease shut-in clause in energy appeal against a claim that the oil and gas lease failed to produce in paying quantities.; Successfully vindicated in the Texas Supreme Court a private utility company's statutory right to recover costs of relocation of equipment necessitated by public works projects.; Obtained victory in the Texas Supreme Court clarifying the accommodation doctrine and vindicated corporation's property rights to reasonable use of surface lands to drill gas wells under the terms of the lease.; On behalf of oil and gas royalty owners obtained reversal of an appeals court ruling that barred their claims under the most-favored-nations lease clause and other claims on statute of limitations grounds.; Represented large energy company in appeal to Texas Supreme Court over whether legislature delegated authority to Texas Railroad Commission to authorize interim natural gas rate adjustments without a contested case proceeding. Successfully obtained decision affirming the Railroad Commission's decision benefitting our client.; Successfully represented large power company at court of appeals in finding no jurisdiction for plaintiffs' claims challenging installation of smart meters for millions of electric customers.; Health Care: Obtained affirmance in the U.S. Court of Appeals for the Fifth Circuit of a summary judgment dismissing a lawsuit claiming a medical device was defective and created a consequential precedent nationally as the first federal appellate court ruling concerning this device.; Precluding the potential dramatic expansion of hospital liability, successfully represented an investor-owned hospital at the Texas Supreme Court reversing the trial and appellate courts that failed to bar liability of the hospital for the alleged negligence of a credentialed physician. The issue of first impression was whether the hospital was vicariously liable on the basis that the physician was a passive investor in the limited partnership that owned and operated the hospital.; Obtained affirmance in the United States Court of Appeals of district court's grant of summary judgment dismissing products liability claims against medical device manufacturer.; Obtained mandamus relief ordering trial court to reverse its grant of a motion for new trial and reinstate defense verdict following a jury trial concerning the death due to cancer of patient.; Obtaining affirmance of health care provider's summary judgment dismissing healthcare liability claims arising from the unfortunate death of plaintiff's son, relying on painstaking survey of data and analysis from prior case law and detailed analysis of the evidence.; Labor and Employment: Represented investor-owned hospital at the Texas Supreme Court that had been held liable at the trial and appellate courts for the alleged negligence of a credentialed physician. The issue of first impression was whether the hospital was vicariously liable on the basis that the physician was a passive investor in the limited partnership that owned and operated the hospital. Obtained reversal of the court of appeals opinion and successfully thwarted what would have been a dramatic expansion of hospital liability.; Represented large energy corporation in dispute over executive compensation agreement in appeal at the Texas Supreme Court. Succeeded in upholding enforcement of the agreement and rebutting the argument that the Covenants Not to Compete Act voided the agreement.; JNOV: Identified and argued key legal and fact issues to obtain judgment notwithstanding the verdict overturning multimillion-dollar verdict after a month-long jury trial. Later successfully argued at court of appeals to affirm the take nothing judgment.; Insurance: Represented insurer against thousands of plaintiffs in which trial court disqualified client's managing trial counsel a few months before trial. Obtained reversal of trial court decision at court of appeals, and no further appeal ensued.; Engaged by large insurer to analyze appellate potential for challenge to a nine-figure personal injury verdict in federal court.; Represented insurer at court of appeals to uphold affirmative-defense terms in insurance policy vanquishing multimillion-dollar verdict.

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