Trump Nominates Houston Attorney to Federal Bench

“It’s great for him. It’s a capstone of a stellar career,” Baker & Hostetler partner Dennis Duffy said about the nominee. “The bad news is I lose him as a colleague.”

Baker & Hostetler partner Drew Tipton has been nominated to a federal bench in Houston.

President Donald Trump announced Tipton’s nomination to the U.S. District Court for the Southern District of Texas on Wednesday.

With Baker & Hostetler since 1999, Tipton practices labor and employment and trade secret litigation. He has also worked as an attorney with Marek, Griffin, & Knaupp and Littler Mendelson.

Tipton earned his law degree from South Texas College of Law Houston, and then clerked for U.S. District Judge John D. Rainey of the the Southern District of Texas. He’s also a veteran who served for five years in the U.S. Marine Corps Reserve.

Tipton didn’t immediately return a call seeking comment.

Baker & Hostetler partner Dennis Duffy said he has mixed feelings about the news. While he’s happy for Tipton, he also realized he’d lose his colleague if the Senate confirms the nominee to the seat.

The two attorneys have a long history. Duffy joined the firm in 2007 after Tipton recruited him, and now their offices are adjacent.

“It’s great for him. It’s a capstone of a stellar career. He is a superior lawyer and even more so a superior human being and family man,” Duffy said. “The bad news is I lose him as a colleague.”

Duffy said he expected Tipton to be a fair adjudicator, if he’s confirmed as a judge. He said Tipton is the type who can put his personal views aside to follow the law and do the right thing.

Duffy said, “That’s sort of a hallmark of how he approached things as the head of the labor group.”

Tipton is the head of the labor and employment group for the Houston office, Baker Hostetler spokeswoman Ivette Delgado added in an email.

We’re not hanging around at S.D. Tex. – Newly appointed US District Judge Charles Eskridge III, who’s resume included representation of Lehman Brothers after the financial crisis of 2008 is being assigned #OCWEN cases – UPDATE; March 20, 2020. Nothing happening on the docket since Nov. 2019.

Drew Tipton Bio and Selected Cases, per Law Firm Website, Baker Hostetler

Drew Tipton is the leader of the Employment and Labor team in Houston. For more than 20 years, he has represented management in labor and employment matters, focusing on employment litigation, client counseling and unfair competition. Drew’s practice includes overseeing significant client relationships for clients whose needs span the legal spectrum. Drew has been lead counsel for labor and employment cases in state and federal courts across the nation. He also conducts training, advises on all aspects of employment issues, and counsels employers regarding strategies for minimizing employment disputes and potential litigation. He has been board-certified in labor and employment law by the Texas Board of Legal Specialization since 2001.

NOTABLE CASES

Obtained summary judgment in a New Orleans federal court on behalf of a leading oil field service company in a multicount employment dispute with a contract employee who was the victim of a drive-by shooting by inebriated employees of the client. The plaintiff alleged that he was the target of racial harassment and death threats by co-workers and supervisors. According to the lawsuit, the death threats escalated to the point where the plaintiff was followed from work by two employees who shot at his vehicle with a shotgun. The plaintiff was terminated shortly thereafter and brought claims alleging assault, negligence, discrimination and retaliation. A motion for summary judgment was granted disposing of all of the plaintiff’s claims.

Obtained dismissal of a federal civil rights lawsuit filed against a state district judge, the district attorney and other public officials who were accused of violating the due process rights of a local bail bond company and owner.

Boykin v. Kilgore et al, C.A. No. V-99-009, United States District Court for the Southern District of Texas – Victoria Division.

Obtained a directed verdict for an onshore drilling company after a federal jury trial in Victoria, Texas, in which a former employee alleged violations of the Family and Medical Leave Act, disability discrimination and retaliation for filing a workers’ compensation claim under state law. Chollett v. Patterson – UTI Drilling Services LP 2011 WL 4592378 (S.D.Tex. 2011).

Obtained summary judgment in Houston federal court on behalf of a client in the information technology automation industry. A former employee alleged age and disability discrimination as well as claims for unpaid overtime and retaliation under the Fair Labor Standards Act. Carbaugh v. Unisoft International Inc., 2011 WL 5553724 (S.D.Tex. 2011).

Obtained summary judgment in Houston federal court for a leading oil field service company in a case brought by a former employee alleging a hostile work environment and wrongful termination based on race and gender, and retaliation for engaging in a protected activity under Title VII.

Obtained an injunction in Dallas state court prohibiting senior executives of a company, who did not have a covenant not to compete, from doing business with certain customers and clients for whom they had provided services on behalf of their previous employer. Cardinal Health Inc. v. Gasbarrino, 2003 WL 253596 (Tex., App. – Dallas 2003, no pet.)

Obtained summary judgment in federal court in Dallas on claims brought by a former employee including gender discrimination, sexual harassment, age discrimination, and multiple state law intentional tort and negligence claims. Tillison v. Trinity Valley Elec. Co-op. Inc., 2005 WL 2124122 (N.D. Tex. 2005), aff’d, 204 F. App’x 346 (5th Cir. 2006).

Obtained a complete defense verdict in a federal court bench trial in Houston on claims brought by a former employee alleging violations of the Employee Retirement Income Security Act of 1974. Lee v. Cameron Int’l Corp., 2011 WL 4479081 (S.D. Tex. 2011).

Obtained summary judgment in federal court in Corpus Christi, Texas, on claims brought by a former employee including violations of the Americans with Disabilities Act and the Age Discrimination in Employment Act as well as state law intentional tort claims. Russell v. Degussa Engineered Carbons, 2007 WL 433284 (S.D. Tex. 2007).

Obtained summary judgment in a case where four former employees attempted to enforce a class action consent decree in San Antonio federal court to collect damages and interest. The 5th Circuit affirmed the ruling on appeal, finding that the claims were dormant under Texas law. Andrews v. Roadway Express Inc., 473 F.3d 565 (5th Cir. 2006), cert. denied, 550 U.S. 957, 127 S.Ct. 2437, 167 L.Ed.2d 1131 (2007).

Served as lead counsel in the representation of a client defendant in a theft of trade secret claim in federal court. After expedited discovery, the plaintiff agreed to pay the client a significant amount of money and the court dismissed the claims against the client with prejudice.

Obtained a defense verdict as lead counsel for an onshore drilling company in a Houston federal court jury trial in which a former employee alleged disability discrimination. King v. Patterson Onshore Drilling, C.A. 00-2175, United States District Court for the Southern District of Texas – Houston Division.

“When a state deprives a person of liberty or property through a hearing held under statutes and circumstances which necessarily interfere with the course of justice it deprives him of liberty and property without due process of law.” Moore v Dempsey; Frank v Mangum, Tumey v Ohio https://t.co/UOoZlmHpzy pic.twitter.com/jt7xLa1wrP

— LawsInTexas (@lawsintexasusa) December 16, 2020