Dylan B. Russell
Areas of Practice:
- Texas 2003
Dylan B. Russell is a partner in Hoover Slovacek LLP’s litigation section. He started with Hoover Slovacek LLP as a summer law clerk in 2002. Mr. Russell is in now in his eleventh year of practice, focusing his practice in the area of complex litigation and appeals. In his trial practice, he has tried numerous jury and bench trials as first-chair counsel. In his appellate practice, he has presented oral arguments to the U.S. Court of Appeals for the Second Circuit and the Fourteenth Court of Appeals in Houston and the Courts of Appeals in Waco and Corpus Christi and has briefed many appeals to the Texas Supreme Court and many lower courts of appeals in Texas. Mr. Russell has appeared in district courts in counties throughout Texas, including Harris, Montgomery, Fort Bend, Dallas, Liberty, Bexar, Travis, Williamson, Burnet, Hardin, Lubbock, Brazos, Denton, and El Paso counties, among others. Mr. Russell also has appeared in federal courts and in state courts, pro hac vice, in states such as Florida, New York, Connecticut, and Oklahoma.
The subject areas of cases and matters that Mr. Russell has handled are extensive but include the following areas: class-action products liability, insurance defense coverage, real estate issues including boundary line disputes, trespass to try title, implied reciprocal negative easement claims involving golf courses, and deed restrictions, commercial and residential construction disputes including improper inspections, faulty concrete and commercial building construction, and water drainage issues, employer-employee relations including race and disability discrimination, covenants not to compete, theft of trade secrets, unemployment and wage claims, and FLSA overtime claims, corporate disputes including shareholder oppression, ownership of intellectual property rights, website domain name disputes, commercial landlord-tenant disputes, commercial sale of goods disputes involving metal building components and sand plant processing equipment, and numerous matters against federal and state governmental entities and agencies including the Office of Foreign Asset Control (OFAC), the Department of Justice, the Department of Housing and Urban Development (HUD), Fannie Mae, local cities, municipal utility districts, and a metropolitan transit authority concerning various issues such as the International Emergency Economic Powers Act (IEEPA) and the Sudanese Sanctions Regulations, Chapter 125 nuisance claims, discriminatory water rates, inverse condemnation, access easements, election contest disputes, administrative appeals related to municipal drainage fees, wrongful foreclosure, and breach of contract claims, among others.
In addition to addressing disputes before federal and state courts and private arbitrators, Mr. Russell has handled disputes before various judicial and administrative bodies including the United States Judicial Panel on Multidistrict Litigation, the Texas Commission on Environmental Quality, the State Office of Administrative Hearings, and an administrative review panel of the U.S. Customs and Border Protection agency.
Representative Experience Accomplishments:
- Won jury trial as first chair, recovering real estate agent bonus from national home builder.
- Successfully argued to the United States Judicial Panel on Multidistrict Litigation to avoid centralization of multiple federal cases involving manufacturers of spray polyurethane foam: In re Spray Polyurethane Foam Insulation Products Liability Litigation, 949 F. Supp. 2d 1364 (J.P.M.L. 2013).
- Won two district court trials as first chair, one to a jury and the other to the bench, where judgment was in favor of commercial landlord client.
- Successfully argued a certified question to the Texas Commission on Environmental Quality where the Commissioners interpreted the Texas Water Code to prevent water districts from arbitrarily contravening the rights of ratepayers to appeal discriminatory water rates.
- Won district court trial as first chair where court found municipal utility district water rates charged to apartment community owner were illegal and arbitrary.
- As lead counsel, settled breach of escrow agreement case against United States agency where client received over $1.9 million of disputed funds.
- Briefed petition for writ of mandamus where the court of appeals reversed key parts of trial court’s order granting “death penalty” sanctions: In re RH White Oak, LLC, 442 S.W.3d 492 (Tex. App.—Houston [14th Dist.] 2014, orig. proceeding) (per curiam).
- Briefed with co-counsel an emergency motion granted by the Texas Supreme Court staying significant parts of a trial court’s temporary injunction order in State of Texas nuisance case: In re Nabilco Inc. and D. Houston, Inc. d/b/a Treasures, Case No. 12-0852.
- Briefed appeal where the court of appeals reversed trial court award of past-due commercial lease rent and rendered for the full amount sought at trial: MCN Spring Shadows, L.P. v. Kearney, L.L.C., 2011 Tex. App. LEXIS 8075 (Tex. App.—Houston [14th Dist.] Oct. 11, 2011, no pet.).
- Briefed appeal where the court of appeals reversed and remanded the trial court’s granting of a plea to the jurisdiction of a water rate claim: Tara Partners, Ltd. v. City of South Houston, 282 S.W.3d 564 (Tex. App.—Houston [14th Dist.] 2009, pet. denied).
- As lead counsel, briefed and argued appeal affirming money judgment for misapplied bank loan funds: Doss v. Homecomings Fin. Network, Inc., 210 S.W.3d 706 (Tex. App.—Corpus Christi 2006, pet. denied).
- As lead counsel, briefed and argued appeal reversing default judgment for trespass to try title claim and remanding case to trial court: Henry v. Fest, 2005 Tex. App. LEXIS 2852 (Tex. App.—Waco, Apr. 13, 2005, no pet.).
- Along with co-counsel, advised Houston-based oil equipment manufacturer during five-year long federal investigation resulting in a negotiated settlement with the Department of Justice and OFAC regarding claims of violations of the International Emergency Economic Powers Act and the Sudanese Sanctions Regulations.
Pro Bono and Civic Activities:
- Lakes of Brightwater Home Owner’s Association - Board Member, Treasurer.
- United States Running Streak Association, Inc. (http://www.runeveryday.com/)- Premier Member.
- Retired running streak from March 20, 2011 to December 30, 2013; current streak started April 9, 2014.
- Completed four marathons and three 50K (31 mile) trail races.
- Fort Bend YMCA Soccer Coach, 2009-2011.
Past Employment and Professional Positions:
- Intern for Judge Marcia Crone, U.S. Magistrate Court, Southern District of Texas, 2002.
- Intern for Justices John Anderson, Kem Frost, and Don Wittig, Fourteenth Court of Appeals, 2001.
- Professional Musician and Saxophonist, 1996 - 2000, performing with bands such as Duck Soup, Mr. Fabulous & Casino Royale, The Sharp 5 Jazz Quintet, Rocket 69, and the Elision Saxophone Quartet.