Bruce R. Wilkin

About Bruce R. Wilkin

Bruce Wilkin is a trial and appellate lawyer who has successfully tried cases to jury verdicts and to the bench as the first-chair lawyer and he has served as the lead lawyer and argued before various state courts of appeal, the Texas Supreme Court, and the federal Fifth Circuit Court of Appeals in commercial, energy, environmental, and first party insurance lawsuits.

Advocate: Handling cases on both sides of the docket, Bruce’s achievements include obtaining a seven-figure judgment on the plaintiff side, and many take-nothing judgments on the defense side. The Texas Supreme Court has quoted Bruce’s cross-examination of an opposing expert, holding that the expert’s trial testimony was legally insufficient, and rendering a take-nothing judgment in favor of Bruce’s client.

Author: Bruce is an author of a major treatise on business and commercial litigation in federal courts, which was described in the Texas Bar Journal as a “monumental achievement” by “the minds of some of the most well-established thought leaders in today’s legal community” and in the New York Law Journal as: “There is nothing like it. It is the single most useful tool for the federal litigator in existence, except possibly the Federal Rules of Civil Procedure.” He is also published in the areas of energy litigation, evidentiary issues at trial, and first-party insurance disputes.

Acknowledgments: Bruce is Board Certified in Insurance Law as part of the Texas Board of Legal Specialization’s inaugural group of lawyers selected for this area of law. Among his peers, he was voted a Rising Star in Texas Super Lawyers Magazine as a young attorney, and he has since been named a Texas Super Lawyer in the same publication, an honor bestowed on only 2.5% of the lawyers in Texas. He has also been honored as one of Houston’s Top Lawyers in H Texas and in Environmental Law and Appeals by Lawdragon Leading Lawyers in America.

Advisor: Due to his successes in the courtroom, clients often seek Bruce’s advice outside of it. His practice also includes providing pre-dispute guidance in commercial disputes, coverage analysis and advice for insurers, and general business counseling for oilfield services companies. He has been interviewed by several publications regarding the legal implications of current events, including Texas Lawyer Magazine, the Houston Business Journal, the Texas Lawbook, the Houston Chronicle, and Law360.

Bruce primarily practices out of the firm’s Houston office, and he is admitted to practice in all state and federal courts in Texas, Louisiana, Oklahoma, and Colorado, as well as the Fifth Circuit and Tenth Circuit Court of Appeals.

Representative Experience

• Lead trial counsel in obtaining dismissal of plaintiff’s bad faith and Insurance Code claims against commercial property insurer in claim involving roofer’s faulty workmanship in performing repairs that caused damage to the property’s interiors. AXIS Surplus Ins. Co. v. Mercer, 577 F.Supp.3d 563 (N.D. Tex. 2021)
• Trial counsel in obtaining dismissal of plaintiff’s business interruption claims based on losses from COVID-19 pandemic, with court finding of lack of physical loss or damage and upholding microorganism and contamination exclusions. Beazley Underwriting, Ltd. v. Daniels Hospitality Group, LLC, 563 F.Supp.3d 622 (W.D. Tex. 2021) and Spider House LLC v. Underwriters at Lloyd’s, London, 2022 WL 17038909 (W.D. Tex. 2022)
• Trial counsel in obtaining detailed appraisal award from umpire holding that insurer’s approach to claim accurately accounted for hurricane losses, despite plaintiff’s appraiser seeking over $50 million in additional payments. See Aransas Princess Condo. Assoc., Inc., v. Landmark Amer. Ins. Co., 2021 WL 8082774 (S.D. Tex. 2021)
• Lead trial and appellate counsel in obtaining dismissal of plaintiff’s bad faith and Insurance Code claims against commercial property insurer due to plaintiff’s failure to allocate its damages between covered and uncovered causes. Prime Time Fam. Ent’t Cntr., Inc. v. AXIS Ins. Co., 630 S.W.3d 226 (Tex. App.—Eastland 2020, no pet.)
• Lead trial and arbitration counsel in obtaining dismissal of plaintiff’s claims against independent adjusting firm pursuant to arbitration clause in the policy, despite the adjusting firm not being a signatory to the contract. Living Steward Props., Ltd. v. Certain Underwriters at Lloyd’s London, et al., 2020 WL 2527468 (S.D. Tex. 2020)
• Trial counsel in obtaining dismissal of plaintiff’s bad faith and Insurance Code claims against commercial property insurer due to plaintiff’s failure to allocate its damages between covered and uncovered causes. Starco Impex, Inc. v. Landmark Amer. Ins. Co., 2020 WL 3442842 (E.D. Texas 2020)
• Lead trial counsel for energy company in Fair Labor Standards Act (FLSA) class action, obtaining dismissal of class action and order for individualized arbitration. Baker v. New Prospect Company, 2019 WL 3252744 (W.D. Pa. 2019)
• Trial counsel and lead appellate counsel for commercial property insurer in jury trial defending against breach of contract, fraud, and bad faith claims related to apartment complex fire, resulting in no liability finding by jury, take nothing judgment on plaintiff’s seven-figure claims, and affirmed on appeal. Westview Drive Invs., LLC v. Landmark Am. Ins. Co., 522 S.W.3d 583 (Tex. App.—Houston [14th Dist.] 2017, pet. denied)
• Lead trial and appellate counsel in obtaining dismissal of plaintiff’s bad faith and Insurance Code claims after plaintiff was dissatisfied with appraisal outcome, which was affirmed on appeal. Richardson East Baptist Church v. Phil. Indem. Ins. Co., et al., 2016 WL 1242480 (Tex. App.—Dallas 2016, pet. denied)
• Lead trial counsel in obtaining dismissal of plaintiff’s claims under environmental, RICO, and Section 1981 claims. Williams v. Environmental Protection Agency, et al, 2016 WL 1130190 (E.D. Tex. 2016), report and recommendation adopted sub nom, 2016 WL 1117166.
• Trial and co-lead appellate counsel for oilfield pipeline manufacturer in environmental contamination suit, resulting in Texas Supreme Court reversing and rendering judgment in favor of client. Houston Unlimited Inc. Metal Processing v. Mel Acres Ranch, 443 S.W.3d 820 (Tex. 2014)
• Lead trial and appellate counsel in obtaining dismissal of plaintiff’s seven-figure claims against independent adjusting firm pursuant to forum selection clause in the policy, despite the adjusting firm not being a signatory to the contract. Chandler Mngmnt. Corp. v. First Specialty Ins. Corp., et al., 452 S.W.3d 887 (Tex. App.—Dallas 2014, no pet.)
• Lead trial counsel for oilfield services company in employment arbitration, resulting in complete dismissal
• Trial counsel in arbitration among insurers disputing number of occurrences, obtaining high six-figure judgment awarded to client
• Trial counsel for emergency services contractor for Texas Commission on Environmental Quality against third-party claims of landowner in superfund cost recovery action, resulting in take nothing judgment
• Trial counsel for commercial battery supplier in multiple injunction proceedings involving misappropriation of trade secrets, obtaining sequestration of competitor’s computers and documents and injunction against use of client’s trade secrets
• Trial counsel for bank in injunction proceedings, preventing international letters of credit from being enjoined
• Appellate counsel for bank in protecting its jury award on claims of conversion, civil theft, and fraud, obtaining affirmed judgment