Insights from Three Trial Judges on Best Practices for Trial Lawyers in Insurance Cases
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VIEWS FROM THE BENCH (PART 1): INSIGHTS FROM THREE TRIAL JUDGES ON BEST PRACTICES FOR TRIAL LAWYERS IN INSURANCE CASES Moderator STEPHEN A. MELENDI, Dallas Tollefson Bradley Mitchell & Melendi HON. NANCY K. JOHNSON, Houston U.S. Magistrate Judge Southern District of Texas HON. GRAY H. MILLER, Houston U.S. District Judge Southern District of Texas HON. JEFFREY A. SHADWICK, Houston Judge, 55th Civil District Court State Bar of Texas 11TH ANNUAL ADVANCED INSURANCE LAW COURSE April 24-25, 2014 Houston CHAPTER 9 Home About Community Location Contact Welcome... Our Attorneys Live and Work Our Offices Get in touch Stephen A. Melendi Attorney Biography tephen A. Melendi is a partner in the Dallas, Texas based law firm of Tollefson Bradley Mitchell & S Melendi, LLP. Mr. Melendi became licensed to practice law in 2003 after graduating cum laude from Southern Methodist University School of Law in 2003. While in law school, Mr. Melendi was an articles editor for the International Law Review Association and was a member of Phi Delta Phi. Mr. Melendi also served as Judicial Extern for the late Chief Judge Jerry Buchmeyer of the United States District Court for the Northern District of Texas in 2001-2002. Prior to attending law school Mr. Melendi graduated from Texas A & M University with B.S. in political science. Mr. Melendi is licensed to practice law before all state courts in Texas, all United States District Courts in Texas and Arkansas, as well as the United States Court of Appeals for the Fifth Circuit, Seventh Circuit, Eighth and Eleventh Circuit. Mr. Melendi’s practice focuses on insurance coverage disputes and construction litigation. Mr. Melendi was named a “Texas Rising Star” as published in Texas Monthly Magazine in 2007, 2008, 2009, 2010, and 2011. Representative Cases Nautilus Ins. Co. v. Steinberg, 316 S.W.3d 752 (Tex.App.–Dallas 2010, pet denied) Transport Intl. Pool, Inc. v. Continental Ins. Co., 166 S.W.3d 781 (Tex.App.–Fort Worth 2005, no pet.) Nautilus Ins. Co. v. All Counties Prof’l Secs. Inc., 168 Fed.Appx. 565 (5th Cir. 2006) Nautilus Ins. Co. v. Nevco Waterproofing, 202 Fed.Appx. 667 (5th Cir. 2006) Nautilus Ins. Co. v. Country Oaks Apartments Ltd., 566 F.3d 452 (5th Cir. 2009) Trinity Universal Ins. Co. v. Emplrs Mut. Cas. Co, 592 F.3d 687 (5th Cir. 2010) Nat'l Fire Ins. Co. v. Entertainment Specialty Ins. Services, Inc., 485 F.Supp.2d 737 (N.D.Tex. 2007) National Fire Ins. Co. v. NWM-Oklahoma, LLC, Inc., 546 F. Supp. 2d 1238 (W.D.Okla. 2008) Mainland Drilling Ltd. P'ship v. Colony Ins. Co., 546 F.Supp.2d 432 (W.D.Tex. 2008), aff’d 2010 WL 2546113 (5th Cir. June 23, 2010) (per curiam) Nautilus Ins. Co. v. ACM Contrs., Inc., 549 F.Supp.2d 857 (S.D.Tex. 2008) Nautilus Ins. Co. v. Country Oaks Apartments, Ltd., 556 F.Supp.2d 611 (W.D.Tex.2008) Trinity Universal Ins. Co. v. Emplrs Mut. Cas. Co., 586 F. Supp. 2d 718 (S.D. Tex. 2008) Trinity Universal Ins. Co. v. Emplrs Mut. Cas. Co, 592 F.3d 687 (5th Cir. 2010) Transcontinental Ins. Co. v. Rainwater Const. Co., LLC, 509 F.3d 454, (8th Cir.(Ark.) Dec 05, 2007) Nautilus Ins. Co. v. Nicky & Claire's Day Care, Inc., 630 F.Supp.2d 727 (W.D.Tex. 2009) Employers Mut. Cas. Co. v. Bonilla, 612 F.Supp.2d 734 (N.D.Tex. 2009) Colony National Insurance Company v. Specialty Trailer Leasing, Inc., 620 F.Supp.2d 786 (N.D.Tex. 2009) Nautilus Ins. Co. v. Reuter, 537 F.3d 733 (7th Cir. (Ind.) 2008) Nautilus Ins. Co. v. American Cmty. Servs., 2006 U.S.Dist. LEXIS 74201 (N.D.Ind. October 11, 2006) Nautilus Ins. Co. v. 5 Westside Group, Inc., et al., 2006 U.S.Dist. LEXIS 42886 (S.D.Tex. June 15, 2006) Nautilus Ins. Co. v. ABN-AMRO Mortg. Group, Inc., et al., 2006 U.S.Dist. LEXIS 88932 (S.D.Tex. December 8, 2006) Valley Forge Ins. Co. v. Shah, 2007 U.S.Dist. LEXIS 16045 (S.D.Tex. March 7, 2007) Valley Forge Ins. Co. v. Shah, 2009 WL 291080, (S.D.Tex. January 30, 2009) Richmond Condominiums v. Skipworth Commercial Plumbing, Inc., 245 S.W.3d 646, (Tex.App.-Fort Worth 2008, pet. denied) A.O. Smith Corp. v. Settlement Inv. Mgmt., 2006 Tex.App. LEXIS 715 (Tex.App – Fort Worth January 26, 2006, no pet.)(not designated for publication) Stephen Melendi Email: [email protected] download bio Copyright © 2007-2013 All rights reserved. Tollefson Bradley Mitchell & Melendi, LLP Gray H. Miller, United States District Judge Career Law Clerk Anna Archer Anna [email protected] Education: University of Houston, B.S., Psychology University of Houston Law Center, J.D. Term Law Clerk David Schwan Dayjd [email protected] Education: University of Dallas, B.A., History University of Houston Law Center, J.D. Case Manager Term Law Clerk Rhonda Moore-Konieczny Heather Winter Case Manager Heather [email protected] (713) 250-5129 (voice) (713) 250-5894 {fax) Education: [email protected] University of Texas, B.S., Government University of Houston Law Center, J.D. 515 Rusk Avenue, Room 9010C Houston, Texas 77002-2605 Selected Decisions Appearances Carico Inys, Inc. v. Tex. Ale. Bev. Comm'n Contact with Court Personnel Ass'n of Ale. Bev. Permit Holders v. City of Continuances Houston Courtesy Copies of Documents Serv. Emp'ees Int'l Union v. City of Houston Courtroom Procedures United States ex re/lonqhi v. Lithium Power Tech. Depositions United States v. Yanez Discovery and Scheduling Disputes Aldridge v. Thaler Emergencies Fisher v. Halliburton Eouipment Exhibits Forms Initial Pretrial Conferences and Docket Control Orders Memoranda of Law Motion Practice Required Trial Materials Settlements and Orders of Dismissal Trial Settings Voir Dire Judge Gray H. Miller :Biography Judge Gray H. Miller was appointed as a United States District Judge by President George W. Bush on April 25, 2006. Education Judge Miller attended the United States Merchant Marine Academy from 1967 to 1969. He received a B.A. in 1974 and a J.D. in 1978 from the University of Houston, where he was a member of the Order of the Barons. He was admitted in 1978 to practice law in Texas. He is a member of the • bar of the United States Supreme Court. Work Experience 2006-present United States District Judge, Southern District of Texas 1998-2006 Senior Partner, Fulbright & Jaworski L.L.P. 1986-1998 Partner, Fulbright & Jaworski L.L.P. 1978-1986 Associate, Fulbright & Jaworski L.L.P. 1969-1978 Police Officer, Houston Police Department Professional Activities and Memberships Judge Miller is a member of the Houston Bar Association, the State Bar of Texas, the Maritime Law Association of the United States, the Houston Maritime Arbitrators Association, and the Mariners' Club of Houston (Skipper 1994-1995). He has also served as a vice chair of the Admiralty and Maritime Law Committee of the Tort and Insurance Practice Section of the ABA. He is a life fellow of the Houston Bar Foundation and a fellow of the Texas Bar Foundation. f-Ie is a member of the Houston Marine Insurance Seminar Executive Committee and has served on the planning committees for seminars on Admiralty and Maritime Law sponsored by the State Bar of Texas, the University of Texas and South Texas College of Law. He is a frequent speaker at these seminars. Judge Miller is listed in the 2001-2006 editions of "The Best Lawyers in America" as one of the top admiralty lawyers In the country. He is also listed in the 2003 edition of "Euro Money's Guide to the World's Leading Maritime Lawyers" and was chosen as a "Texas Super Lawyer." Judge Mlller is Vice President and Counselor to the Executive Committee of the Garland R. Walker American Inn of Court. He is also a judicial liaison to the Federal Bar Association, Southern District of Texas Chapter and an honorary member of the Phi Delta Phi International Legal Honor Society. Member of Advisory Board, Cavalla Historical Foundation Life Member, 100 Club of Houston Life Fellow, Houston Bar Foundation Fellow, Texas Bar Foundation Associate Member, U.S. Merchant Marine Academy Alumni and Foundation Board of Texas Department of Mental Health & Mental Retardation (2002-04) Board of Trustees, Harris County Mental Health/Mental Retardation Authority (1991-99), Chairperson (1997-99) Judge Shadwick graduated from the University of Kansas in 1978 and from Baylor University School of Law School in 1981. Judge Shadwick became licensed to practice law in both Texas and Kansas in 1981. After practicing in Kansas for five years, in 1986 Judge Shadwick moved to Houston where he became a shareholder at Winstead, McGuire, Sechrest & Minick. He served two terms on the Houston ISD school board, including one year at its president. Judge Shadwick is AV rated by Martindale-Hubbell. Judge Shadwick was appointed Judge of the 55th Judicial District Court by Governor Perry in December 2007, where he serves today. Views From The Bench (Part 1): Insights From Three Trial Judges On Best Practices For Trial Lawyers In Insurance Cases Chapter 9 TABLE OF CONTENTS COURTROOM PROCEDURES .................................................................................................................................... 1 SELECTED INSURANCE OPINIONS ....................................................................................................................... 27 SELECTED INSURANCE OPINIONS ..................................................................................................................... 133 i HON. JEFF SHADWICK 55th CIVIL DISTRICT COURT HARRIS COUNTY, TEXAS 1 COURTROOM PROCEDURES 3 Harris County District Courts Page 1 of! Harris County District Courts Horne I Courts 1 Civil I Judge Jeff Shadwick ~ Home 55th Civil Court General Civil Court Information District Clerk Judge Jeff Court Information Shadwick Click on any of the links below to Courts - Harris get more information about the Local Rules County Civil given toplc..