Contact Information

Email: jmitchell@fulkersonlotz.com
Phone: 713.654.5837
Fax:    713.654.5801
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Professional Biography

  • Fulkerson Lotz LLP
    • Partner (February 2014 to Present)
  • Kasowitz Benson Torres & Friedman, LLP
    • Managing Partner – Houston (August 1999 to February 2014)
    • Litigation Partner (August 1995 to November 1996)
    • Litigation Associate (February 1994 to August 1995)
  • Browning-Ferris Industries, Inc.
    • Litigation Counsel (November 1996 to July 1999)
  • Porter & Clements LLP/Clements, O’Neill, Pierce & Nickens, L.L.P.
    • Litigation Associate (September 1990 to February 1994).
  • United States Court of Appeals, Fifth Circuit
    • Law Clerk to Honorable Edith H. Jones (August 1989 to August 1990).

Jerry Mitchell’s practice focuses on complex commercial litigation, particularly in the energy, petro-chemical, and natural gas pipeline fields. He has successfully tried a wide variety of commercial cases in both state and federal courts, as well as arbitrations before panels from the American Arbitration Association, the NASD and the New York Stock Exchange.  Jerry has been rated AV Preeminent by The Martindale-Hubbell Peer Review and was named a Texas Super Lawyer for 2017 and 2018 by Thompson Reuters.

In his more than 25 years of practice, clients have entrusted Jerry with representing their interests in a diverse range of disputes, including breach of contract, business torts, cases involving plant operations and facilities construction, environmental disputes, non-compete agreements, and employment discrimination cases.

Education

Baylor Law School, J.D., 1989, Waco, Texas

  • J.D., awarded with honors, July 1989
  • Class Rank: Top 5%; LSAT: 45 (99th %)
  • Judicial intern to Hon. Walter S. Smith, United States District Court, Western District of Texas (November 1988 to 1999)

Sam Houston State University, B.A., 1986, Huntsville, Texas

  • G.P.A: 4.0 (summa cum laude)
  • President’s Endowment Full Scholarship
  • Voice of Democracy Speech Award

Admissions to Practice

  • State of Texas
  • United States District Court for the Southern District of Texas
  • United States District Court for the Eastern District of Texas
  • United States District Court for the Western District of Texas
  • United States District Court for the Northern District of Texas
  • United States Court of Federal Claims
  • United States Court of Appeals for the Fifth Circuit
  • Supreme Court of the United States

Professional Organizations

  • State Bar of Texas
  • Houston Bar Association
  • Life Fellow, Texas Bar Foundation
  • Life Member, Sam Houston State University Alumni Association
  • Life Member, Baylor Law School Alumni Association

Publications and Speaking Engagements

  • Driven eDiscovery Speaker Series, February 28, 2018 “SLAPPed and Sanctioned: The Heavy Hand of the Texas Citizen’s Participation Act.”
  • Driven eDiscovery Speaker Series, March 29, 2017: “Say It Like This: Practical Contract Drafting Tips from a Litigator’s Point of View.”
  • Driven eDiscovery Speaker Series, December 15, 2015: “What Have You Done To Me Lately?: Navigating the New Federal Rules”.
  • Driven eDiscovery Speaker Series, October 29, 2014: “Don’t Let Spoliation Spoil Your Day: Texas Spoliation Law in Light of Brookshire Bros. LTD v. Aldridge.”
  • Texas Lawyer’s In-House Counsel Summit, April 4, 2013: “E-nough! Practical Advice for Keeping E-mails from Derailing your Case,” Houston.
  • “Genesis Healthcare v. Symczyk: Few Hard Answers but Significant Implications for FLSA Collective Actions,” Bloomberg BNA Daily Labor Report No. 140.  July 22, 2013
  • Funding Your Post-Harvey Rebuild, Texas Bar Blog (2017) (co-authored with Nick Brown), read it here

Personal Biography

Jerry was born in a United States Air Force hospital in Wiesbaden, Germany.  He moved around a lot as a kid, but he got to Texas as fast as he could, when his family settled in Deer Park.  Jerry graduated from Deer Park High School, where he was class salutatorian, student body president, editor of the school paper, and a cast member in the 1982 state champion UIL one-act play.

After going away for college (to Sam Houston State University in Huntsville, Texas), and law school (to Baylor University School of Law in Waco, Texas), Jerry returned to the Houston area in 1989 and has made his home and career here ever since.

Jerry serves as a volunteer on-air reader for the blind on live and recorded radio programs through Sight into Sound Radio.

Liquid Waste Holdings, LLC v. AmeriGas Propane, L.P. (2017). As lead trial counsel, obtained a final arbitration award exonerating client against claims that it owed indemnity for CERCLA liabilities pursuant to a purchase and sale agreement.

Lacima, Inc. d/b/a TruckNation v. Texas Truck Lines, et al (2017). Defended retailer of commercial trucks against competitor alleging trademark infringement. Client achieved a settlement on confidential terms.

Safeco Insurance Co. of America v. AmeriGas Propane, L.P. (2017). Obtained a rare summary judgment in a AAA arbitration on behalf of client accused of causing damages by allegedly failing to make timely deliveries of propane

Delgado, et al v. AmeriGas Propane, L.P. (2016). Defended propane company in personal injury case arising from explosion at a gas station. All claims against client were dismissed.

DF Vimarc, Inc. v. Vimarc, Inc., et al (2015).  Lead trial counsel for the exclusive distributor of an industrial vibrating motor in suit against manufacturer of the motor for breach of contract and misrepresentations.  Client achieved a confidential settlement on the third day of trial.

Majestic Synthetic Oil, LLC v. Karsi Properties, Inc., et al (2015).  Obtained injunctive relief for producer of Majestic brand diesel engine oils to prohibit competitors from disparaging and defaming our client’s products.

Satterwhite, et al v. Baxter Corporation Englewood, et al. (2015). Defended a medical device manufacturer in consolidated wrongful death and personal injury claims in which Plaintiffs were allegedly hurt by exposure to contaminated products. All claims against client were dismissed.

LandWorks, Inc. vs. R2 Energy Services LLC, et al. (2015). Represented a land management software company in breach of contract and theft of trade secrets case against former subcontractors.  Client achieved a settlement on confidential terms.

CITGO Petroleum v. Texas Truck Parts of Tires, Inc., et al (2015). Defended a producer and retailer of diesel engine oils in case involving alleged trademark infringement. Client achieved a settlement on confidential terms shortly after asserting counterclaims.

Certain Underwriters of Lloyds of London v. Southern Union Gas Services. (2012). As lead trial counsel, obtained a complete defense verdict for the operator of a natural gas processing plant against claims by the plant owner’s insurers that the operator caused a fire at the plant. The Plaintiffs sought nearly $19 million in actual damages and more than $37 million in punitive damages.

CIMA v. Panhandle Eastern Pipeline Co.  (2013). Represented an interstate natural gas pipeline against a shipper which alleged that curtailments caused by repair work on the pipeline breached the parties’ long-term firm transportation agreement. The client achieved a settlement on confidential terms after the close of discovery.

Cross Country Energy LLC v. El Paso Corp., et al.  (2012). Successfully prosecuted a suit for declaratory relief on behalf of a corporation against claims that a pending multibillion dollar merger violated a right of first refusal.  Obtained an Agreed Judgment that permitted the merger to be completed without additional cost or delay.

Panhandle Eastern Pipeline Co. v. Acuren Inspection Inc., et al.  (2011). Lead trial counsel for an interstate natural gas pipeline company in its efforts to recover $42 million in damages resulting from construction problems on a pipeline expansion project.  Client achieved a confidential settlement after four weeks of trial.

Energy Resource Technology GOM, Inc. v. Sea Robin Pipeline Co. (2010).  Represented the operator of an offshore pipeline in a breach of contract case filed by a shipper of natural gas; the shipper claimed it had lost more than a $100 million in revenues as the result of the pipeline operator’s alleged failure to make timely repairs after the pipeline was damaged by Hurricane Ike. Client obtained a settlement on confidential terms shortly after successfully removing the case to federal court.

Celanese Ltd. v. Old World Industries, Inc. (2004). As lead trial counsel, obtained a $22.5 million AAA arbitration award on behalf of the operator of a chemical manufacturing facility in a suit against the owner of the plant for breach of an operating agreement.  The award also included denial of more than $60 million in counterclaims.

Conner, et al v. Celanese Ltd. (2006). Represented a chemical manufacturing company accused of violating federal and state wage and hour laws in the method it used to calculate overtime pay.  After obtaining a partial summary judgment on the plaintiffs’ statutory claims (reported at 428 F. Supp. 2d 628), obtained a complete defense jury verdict on the surviving breach of contract claims. (2006).

TransPerfect v. Leslie (2009). Obtained injunctive relief in federal court for an international translation services company seeking to enforce a non-compete agreement against a key former employee. Reported at 594 F. Supp. 2d 242.

Southern Union Co. v. Liberty Mutual Insurance Co. (2008).  Represented a public utility in the prosecution of breach of contract and bad faith claims against an insurer for failure to provide a defense in a large environmental matter. Though client did not have a copy of a policy, a confidential settlement was achieved shortly before trial based on 60-year-old premium receipts and expert testimony. (2008).

Disclaimer: The cases listed in this website reference actual result histories but are not reflective of results in every case we handle. No attorneys, including our firm, can guarantee any particular outcome from litigation. All of the results reported in this website are of gross recoveries, not net to the client. In cases in which we are retained on a contingent fee basis, recoveries are reduced by the amount of litigation expenses and the contingent fee in connection with these cases (typically from 20 to 40%), depending on the nature of the engagement.