David George

David George is a partner in the appellate section of Baker · Wotring LLP.  He is board certified in civil appellate law by the Texas Board of Legal Specialization, and he focuses his practice on appeals and commercial litigation.  In his appellate practice, Mr. George has argued before the United States Courts of Appeals for the Fifth and Tenth Circuits, as well as seven of the fourteen Texas Courts of Appeals.  He recently won cases in the United States Supreme Court and Texas Supreme Court. He has tried numerous lawsuits, including breach of contract, fraud, insurance industry professional negligence, breach of fiduciary duty, insurance coverage, personal injury, and employment law cases.  He is AV rated by Martindale-Hubbell.

Mr. George graduated with honors from Baylor Law School, where he served as Lead Articles Editor of the Baylor Law Review. Mr. George served as a law clerk to Judge Harold R. DeMoss, Jr. of the United States Court of Appeals for the Fifth Circuit and Judge Joe J. Fisher of the United States District Court for the Eastern District of Texas in Beaumont. Mr. George served as President of the American Civil Liberties Union of Houston and was on the board of the American Civil Liberties Union of Texas. He is currently a board member of the Gulf Region Advocacy Center. Mr. George is licensed to practice law in Texas and Maryland.

Notable Cases

• Critical Path Resources, Inc. v. Cuevas, ___ S.W.3d ___, 2019 WL 1532343 (Tex. App.—Houston [14th Dist.] 2018, no pet. h.) (won affirmance in refinery-explosion case)
• JBS Carriers, Inc. v. Washington, 513 S.W.3d 703 (Tex. App.—San Antonio 2017, pet. filed) (won affirmance of jury verdict in wrongful-death case)
• Wal-Mart Stores, Inc. v. Forte,497 S.W.3d 460 (Tex. 2016) filed amicus brief on behalf of Texas local governments and local-government elected officials; Texas Supreme Court adopted clients’ position that government suits for civil penalties are not subject to Texas Civil Practice and Remedies Code Chapter 41’s provisions regarding exemplary damages)
• Kelsey-Seybold Med. Group PA v. Great-West Healthcare of Texas, Inc., 611 Fed. Appx. 841 (5th Cir. 2015) (won reversal of summary judgment, the Court of Appeals held that healthcare provider’s claims against insurance company were not preempted by ERISA and ordered case remanded to state court)
• Bigham v. Se. Tex. Envtl.,458 S.W.3d 650 (Tex. App.—Houston [14th Dist.] 2015, no pet.) (won reversal and rendition judgment in breach-of-fiduciary-duty and breach-of-contract case)
• Benge v. Williams,472 S.W.3d 684 (Tex. App.—Houston [1st Dist.] 2014, pet. granted) (won reversal judgment in medical-malpractice case based on error in jury charge)
• Danet v. Bhan, 436 S.W.3d 793 (Tex. 2014) (per curiam) (won reversal of court of appeals’ opinion in a pro bono child-custody case)
• Int’l Paper Co. v. Harris County, 445 S.W.3d 379 (Tex. App.—Houston [1st Dist.] 2013, no pet.) (won affirmance of denial of temporary injunction; in case of first impression in Texas, the Court of Appeals held that a government entity using contingency-fee counsel to bring a civil-penalty case did not violate the defendants’ constitutional rights)
• Seeberger v. BNSF Railway Co., No. 01-12-00583-CV, 2013 WL 5434141 (Tex. App.—Houston [1st Dist.] Sep. 26, 2013, pet. denied) (mem. op.) (won affirmance of order granting new trial solely on damages in a FELA railroad-worker injury case; the Court of Appeals held that federal law—not Texas law—governed whether damages-only retrials were allowed in FELA cases)
• Huffman v. Union Pac. R.R. Co., 675 F.3d 412 (5th Cir. 2012) (won reversal of $600,000 judgment in a FELA railroad-worker injury case; Fifth Circuit ordered district court to enter judgment in favor of client)
• Raynor v. Moores Mach. Shop, LLC, 359 S.W.3d 905 (Tex. App.—Houston [14th Dist.] 2012, no pet.) (won reversal of summary judgment in wrongful-death case)
• Spence v. The ESAB Group, Inc.,623 F.3d 212 (3d Cir. 2010) (won reversal of summary judgment in trucking-accident case; Third Circuit held that a shipper who loads cargo onto a truck has a duty to make sure that the cargo is secured)
• United States v. Albert Investment Co.,585 F.3d 1386 (10th Cir. 2009) (won reversal of order denying intervention in a CERCLA case; Tenth Circuit held that non-settling potentially responsible parties in CERCLA cases had the right to intervene to object to settlements that would cut off their contribution rights).
• Garrett v. Borden, 283 S.W.3d 852 (Tex. 2009) (per curiam) (won reversal of dismissal in a statutory-interpretation case).
• Spector v. Norwegian Cruise Line, Ltd.,125 S.Ct. 2169 (2005) (established that Americans with Disabilities Act applies to cruise ships).
• King v. Dallas Fire Ins. Co., 85 S.W.3d 185 (Tex. 2002) (established that “occurrence” in an insurance policy is determined from the insured’s viewpoint).
• Sauder Custom Fabrication, Inc. v. Boyd, 967 S.W.2d 349 (Tex. 1998) (established that defendant does not have to warn sophisticated users about open and obvious defects).
• Peace v. American General Life Ins. Co.,462 F.3d. 437 (5th Cir. 2006) (won reversal of summary judgment in ERISA case).
• SMI Realty Mgmt. Corp. v. Underwriters at Lloyd’s London, 179 S.W.3d 619 (Tex. App.—Houston [1st Dist.] 2005, pet. denied) (won reversal of summary judgment in insurance-coverage case).
• Nikolouzos v. St. Luke’s Episcopal Hosp., 162 S.W.3d 678 (Tex. App.—[14th Dist.], 2005, no pet.) (won dismissal of appeal of temporary restraining order).
• Davis v. Methodist Hosp., 997 S.W.2d 788 (Tex. App.—Houston [1st Dist.] 1999, no pet.) (won affirmance of summary judgment in libel case related to hospital credentialing).

Books and Law Review Articles

• Be Careful What You Ask For: The Danger of Asking a Court to Enter a Judgment that You Will Appeal, 47 THE HOUSTON LAWYER 31 (September 2009) (co-authored with Theresa Young).
• Direct Appeals from Bankruptcy Courts to Circuit Courts: The Experience After Two Years, 9 JOURNAL OF APPELLATE PRACTICE AND PROCESS 219 (2008).
• Can Shipping a Master Version of Software Abroad for Copying Infringe a United States Patent?, SUPREME COURT PREVIEW ( February 2007).
• An Overview of Bankruptcy Appeals for the Appellate Practitioner, THE APPELLATE LAWYER, Volume 9, Issue 1 (Winter 2006).
• Tort Reform by Regulation: The National Highway Traffic Safety Administration Attempts to Preempt State-Tort Lawsuits with its Proposed Roof-Strength Regulation, 48 ADMINISTRATIVE LAW REVIEW 709 (2006) (co-authored with Rob Ammons).
• An Idea Whose Time Has (sort of) Come: BAPCPA Provides Direct Appeals from Bankruptcy Courts to Circuit Courts in Limited Situations, STATE BAR OF TEXAS BANKRUPTCY SECTION NEWSLETTER, Volume 4, No. 2 (Spring 2006).
• Finally, an Eye for an Eye: The Supreme Court Lets the Punishment Fit the Crime in Austin v. United States, 46 BAYLOR LAW REVIEW 509 (1994).

Speeches and Presentations

• Speaker, Top Tips for Preserving Error at Trial, Houston Bar Association CLE (March 2009).
• Speaker, Proper Remedies in Commercial Cases, State Bar of Texas 30th Annual Advanced Civil Trial Course (December 2007).
• Speaker, The Scope and Limits of Discovery, University of Houston Law Center Advanced Evidence and Discovery Course (November 2007).
• Author, Direct Appeals from Bankruptcy Courts to Circuit Courts under BAPCPA, Louisiana State University 12th Annual Bankruptcy Law Seminar (October 2006).
• Author/Speaker, Pre-Suit Discovery and Discovery from Third Parties, University of Houston Law Center Advanced Civil Discovery Course (March 2007, March 2006, March 2005, February 2004, October 2003, July 2003).
• Author/Speaker, Corporate Representative Depositions, University of Houston Law Center Deposition Course (July 2007, October 2005).
• Panelist, Silica Litigation: What's Next, When &  Where, Harris Martin Conference (September 2003).
• Speaker, Legal Concerns in Threatening Times, State Bar of Texas Asian-Pacific Islander Interest Section Retreat (June 2003).
• Panelist, Legal Implications of Terrorism: Justice or Revenge, Garland Walker Inn of Court (February 2002).

Honors, Awards and Recognition

• AV rated by Martindale-Hubbell.
• Recipient of Texas Civil Rights Project Pro Bono Champion Award, 2008.
• Recipient of American Jurisprudence Awards for the highest grade in Torts (1992), Civil Procedure (1992), Remedies (1993), Public Law (1993), and Legal Methods (1992), Baylor Law School.