Mike Powell has years of experience as a trial and appellate lawyer. He works on a wide variety of matters, including defense of alleged accounting malpractice, oil and gas and other energy industry matters, and constitutional, statutory, and other public law questions. Mr. Powell also has experience in products liability and other personal injury matters, aviation, indemnity and insurance issues, land boundary disputes, and other types of complex general contract and tort litigation. He has briefed and presented oral arguments in several United States Courts of Appeals, the Texas Supreme Court, and the Texas Courts of Appeals and has extensive experience before federal and Texas State trial courts and arbitration tribunals. In addition, Mr. Powell has briefed and argued matters in the Alabama, Delaware and Louisiana Supreme Courts, and he is a Fellow in the American College of Trial Lawyers.
Education
- J.D., with high honors, The University of Texas School of Law, 1974
- M.A., Public Administration, The University of Texas at Austin, 1972
- A.B., Davidson College, 1968
Bar Admissions
- Texas
- Oklahoma
- U.S. Supreme Court
Admitted To Practice
- U.S. Tax Court
- U.S. Court of Federal Claims
- U.S. Court of Appeals for the Federal Circuit
- U.S. Court of Appeals for the Fifth Circuit
- U.S. Court of Appeals for the Sixth Circuit
- U.S. Court of Appeals for the Tenth Circuit
- U.S. Court of Appeals for the Eleventh Circuit
Representative Experience
- Represent a national accounting firm in defense of alleged class action alleging that the accounting firm was improperly licensed in the State of Texas.
- Represent a national accounting firm in a nationwide class action alleging over billing of travel expenses.
- Represent a national accounting firm in proceeding alleging auditing malpractice and seeking damages in excess of $100 million relating to services performed for an independent oil and gas exploration company.
- Represent a national accounting firm in investigations by the SEC and the Texas State Board of Public Accountancy
- Represent a major airline in various litigation and appellate matters.
- Represent a major oil and gas company in various litigation and appellate matters, including class action litigation in Texas and Oklahoma.
Reported Decisions
- Samson Lone Star v. Hooks, No. 01-09-00328-CV, __S.W.3d__ (Tex. App. –Houston [1st Dist.] Mar. 1, 2012)
- Weingarten Realty Investors v. Miller, 661 F.3d 904 (5th Cir. 2011)
- DiFiore v. American Airlines, Inc., 2011 WL 1902148 (1st Cir., May 20, 2011)
- Bell Helicopter Textron, Inc. v. American Eurocopter, 729 F.Supp.2d 789 (N. D. Tex. 2010)
- Ray v. American Airlines, Inc., 609 F.3d 917 (8th Cir. 2010)
- Smith v. Xerox Corp., 602 F.3d. 320 (5th Cir. 2010)
- Dickson v. American Airlines, Inc., 685 F.Supp. 2d 623 (N. D. Tex. 2010)
- Dore Energy v. Prospective Investment & Trading Co., 570 F.3d 219 (5th Cir. 2009)
- Bowden v. Phillips Petroleum Co.,247 S.W.3d 690 (Tex. 2008).
- Cerquiera v. American Airlines, 520 F.3d 1 (1st Cir. 2008).
- Allstate Ins. Co. v. Abbott, 495 F.3d 151 (5th Cir. 2007)
- Lamajak, Inc. v. Frazin, 230 S.W.3d 786 (Tex. App.--Dallas 2007, writ dism'd).
- Terrebonne Parish School Bd. v. Castex Energy, Inc., 893 So.2d 789 (La. 2005)
- Will-Drill Resources, Inc. v. Samson Resources Co., 325 F.3d 211 (5th Cir. 2003)
- Casas v. American Airlines, Inc., 304 F.3d 517 (5th Cir. 2002)
- Ford Motor Co. v. Texas Dept. of Transportation , 264 F.3d 493 (5th Cir. 2001)
- Breaux v. City of Garland, 205 F.3d 150 (5th Cir. 2000)
- American Airlines, Inc. v. Department of Transportation, 202 F.3d 788 (5th Cir. 2000)
- In re Continental Airlines, Inc., 988 S.W.3d 733 (Tex. 1998)
- Simmons Airlines v. LaGrotte, 50 S.W.3d 748 (Tex. App.--Dallas 2001, pet. denied)
- Brainard v. State of Texas, 12 S.W.3d 6 (Tex. 1999)
- Stryker v. Phillips Petroleum Company, 723 So.2d 585 (Ala. 1998)
- Mitchell Energy Corp. v. Samson Resources Co., 80 F.3d 976 (5th Cir. 1996)
- Samson Investment Co. v. Commissioner, T.C. Memo 1998-271 (1998)
- Dana Corp. v. The LTV Corp., 668 A.2d 752 (Del. Ch. 1995)
- Maxus Exploration Co. v. Moran Bros., 817 S.W.2d 50 (Tex. 1991)
- Aerospatiale Helicopter Corp. v. Universal Health Services, 778 S.W.2d 492 (Tex. App. -- Dallas 1989)
- Wessley Energy Corp. v. Jennings, 736 S.W.2d 624 (Tex. 1987)
- Placid Oil Co. v. Louisiana Gas Intrastate, 734 S.W.2d 1 (Tex. App. -- Dallas 1987)
- Weinacht v. Phillips Coal Co. , 673 S.W.2d 677 (Tex. App. -- Dallas 1984) Bowers v. Phillips Petroleum Company, 692 F.2d 1015 (5th Cir. 1982)
Publications & Presentations
- “Texas Groundwater Conservation Districts from the Landowner’s Perspective,” University of Texas School of Law Texas Water Law Institute (December 7, 2006).
- "The Takings Clauses: Limits on What the Government May Do on the Coast," Texas Coastal Law Seminar (2006).
- "Primer for Trial Lawyers on Texas Groundwater Law," (with Stacy Williams), State Bar of Texas, 27th Annual Advanced Civil Trial Course (2004).
- "Indemnity and Insurance Provisions in Oil and Gas Agreements," State Bar of Texas Advanced Oil, Gas and Mineral Law Course (1996).
Professional History
- Partner, Locke Lord LLP
- Law Clerk, Honorable Walter Ely, U.S. Court of Appeals for the Ninth Circuit (1974 - 1975)
Professional Affiliations & Achievements
- Fellow, American College of Trial Lawyers
- Named, Chambers USA Client’s Guide of America’s Leading Lawyers for Business (Litigation: General Commercial)
- Named, Local Litigation Star, Benchmark Litigation (2010)
- Named, Texas Super Lawyer, Texas Monthly Magazine (2006-2011)
- Named, The Best Lawyers in America, Commercial Litigation (2013)
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Related Practice Areas
Board Certifications
Civil Appellate Law by Texas Board of Legal Specialization
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