Mitchell R. Austin
Mitchell is a driven litigator dedicated to producing the best results for his clients. Mitchell’s principal area of practice is complex commercial litigation. He has experience serving clients in a wide variety of matters, including contract disputes, disputes concerning fiduciary relationships, oil and gas litigation, insurance coverage litigation, securities fraud litigation, civil conspiracy matters, and disputes arising out of catastrophic personal injury and property damage. Mitchell is a natural advocate with a record of success in state and federal courts and arbitration proceedings.
The following is a list of representative matters in which Mitchell has assisted.
Experience Highlights
(S.D. Tex.) – Represented underwriting syndicate in insurance coverage litigation arising out of well blowout; successfully obtained 12(b)(6) dismissal of well control company’s complaint seeking additional insured status, breach of contract damages, and bad faith damages under the Texas Insurance Code
(AAA Arbitration) – Represented and defended public funeral home corporation in a breach of contract dispute; obtained partial summary judgment on liability prior to favorable settlement
(Harris Cty.) – Successfully defeated Motion to Compel Arbitration in construction lawsuit between commercial building owner, contractor, and subcontractor
(Smith Cty.) – Obtained summary judgment on behalf of oil and gas operator in Declaratory Judgment action concerning interpretation of contractual defense and indemnity obligations
(Jim Wells Cty.) – Obtained summary judgment on behalf of oil and gas operator in personal injury and property damage lawsuit based on lack of duty owed to public motorists
(Houston Fourteenth Court of Appeals) – Successfully obtained reversal of trial court’s order granting Canadian company’s Special Appearance in connection with a data scraping lawsuit
(Houston First Court of Appeals) – Successfully obtained affirmance of trial court’s order denying California company’s Special Appearance in connection with Louisiana oilfield property damage claim
(Harris Cty.) – Represented family in securities fraud litigation arising out of convicted felon’s Ponzi scheme perpetrated through several financial institutions
(Harris Cty.) – Represented oil and gas operator and its subrogated insurer in trespass lawsuit arising out of underground wellbore collision in West Texas
Credentials
- South Texas College of Law, magna cum laude, 2019 (Managing Editor, South Texas Law Review)
- University of Texas at Austin, B.A., 2016
- Judicial Intern, Honorable Chief Justice Sherry Radack, May 2017–July 2017
- Texas
- Southern District of Texas
- Fifth Circuit Court of Appeals