JUDGE PROFILE: MICHAEL MASSENGALE Appointed Justice of the First Court of Appeals Republican Incumbent Place 8 (unexpired term) Former incumbent in this position: Hon. Timothy Taft Find more judge and court information at the Houston-Opinions Home Page The Investiture for Justice Michael C. Massengale is September 15, 2009 at 4:30 p.m. in Garrett-Townes Hall at South Texas College of Law. A reception will follow. SOURCE: 1stCoA website Massengale Political Campaign Website still under construction as of 1/5/10 Massengale is a Twitterer |
| Recent Opinions by Appointed Houston Appeals Court Justice Michael C. Massengale |
Governor Rick Perry has appointed Michael C. Massengale to fill the unexpired term of Justice Tim Taft, who retired on June 1, 2009. Not to be confused with Mike Massengale, fine artist. 2009 OPINIONS WRITTEN BY JUSTICE MASSENGALE IN CIVIL APPEALS Brejon v. Johnson-Brejon (Tex.App.- Houston [1st Dist.] Dec. 31, 2009)(Massengale) (motion to modify child support, material and substantial change in circumstances, attorney's fees order void) we hold that there was probative and substantive evidence to support the trial court’s order for increased child support. AFFIRM TC JUDGMENT: Opinion by Justice Massengale Before Chief Justice Radack, Justices Bland and Massengale 01-08-00642-CV Phillipe J. Brejon v. Lia M. Johnson-Brejon Appeal from 310th District Court of Harris County Trial Court Judge: The Honorable Lisa Millard Rodrigues v. Press (pdf) (Tex.App.- Houston [1st Dist.] Dec. 17, 2009)(Massengale)(legal malpractice suit) Appellant, Enrique Rodriguez, and his wife, Anabel Reyna Rodriguez, sued appellant’s former lawyer, Dionne S. Press, for alleged negligence, breach of contract, violations of the Deceptive Trade Practices-Consumer Protection Act, and other theories. See Tex. Bus. & Com. Code Ann. §§ 17.41–.63 (Vernon 2002 & Supp. 2009) (DTPA). The trial court rendered a take- nothing summary judgment based on appellee Press’s motion for summary judgment. Appellant brings three points of error, alleging the trial court erred in (1) hearing the motion for summary judgment outside the time periods set out in the court’s docket control order, (2) relying on the doctrine set forth in Peeler v. Hughes & Luce, 909 S.W.2d 494 (Tex. 1995),[1] to grant Press’s motion for summary judgment, and (3) denying appellant’s motion for summary judgment based on what appellant claims is false and misleading summary-judgment evidence filed by Press. We affirm. AFFIRM TC JUDGMENT: Opinion by Justice Massengale Before Chief Justice Radack, Justices Bland and Massengale 01-08-00326-CV Enrique Rodriguez v. Dionne S. Press Appeal from 190th District Court of Harris County Trial Court Judge: Hon. Jennifer Walker Elrod TEXT OF PRESS RELEASE FROM THE GOVERNOR'S OFFICE: Gov. Perry Names Massengale Justice of the 1st Court of Appeals June 15, 2009 AUSTIN – Gov. Rick Perry has appointed Michael C. Massengale of Houston justice of the 1st Court of Appeals for a term to expire at the next general election. The court presides over 10 counties surrounding the Houston area. Massengale is a partner at Baker Botts L.L.P. He is a member of the State Bar of Texas and American and Houston Bar associations. He is also president of the Houston chapter of the Federalist Society, a volunteer with the Houston Volunteer Lawyers Program, and a member of Annunciation Catholic Church. Massengale received a bachelor’s degree from Dartmouth College and a law degree from the University of Texas at Austin. He replaces Tim Taft of Houston. NEWS AND BLOG ITEMS ON MASSENGALE APPOINTMENT Lawyer, 37, named 1st Court of Appeals justice (Tex Parte Blog) (quoting Massengale, who has a general commercial and securities practice at Baker Botts, as saying he probably will not report for duty at the 1st Court until Aug. 1 to give him time to finish projects in the works at his firm.) Class of 2010, so far One more judicial race (Charles Kuffner on Kuff' World) ("If form holds from 2008, Massengale will have a primary challenger as well as a Democratic opponent. He was appointed to Place 8, which as of my Class of 2010 So Far post wasn't listed as a bench that was up for election. I presume that will be rectified shortly. As you know, I think the appeals court races will be a good opportunity for Dems next year, so I certainly hope new Justice Massengale gets a challenger soon.") BIOGRAPHICAL INFO / PROFILE Link to --> Michael C. Massengale SBOT Profile | Statutory Profile Last Certified On: 02/10/2006 (accessed 6/18/09) Texas Licensed: Dec. 11, 1997 Practice Information Firm: No information reported by attorney Firm Size: Over 200 Occupation: Private Law Practice Primary Practice Areas: Litigation: Commercial Courts of Admittance: Federal Courts of Admittance: Fifth Circuit Court of Appeals Colorado District Court Texas Northern District Court Texas Southern District/Bankruptcy Court Education and Certification History Law Schools: University of Texas (UT) Law School Graduation: June 1997 - Doctor of Jurisprudence (JD) --> Massengale class of 1996-97 group pic (Tex LR) Texas Board of Legal Specialization Certifications: No profile data on file for Texas Board of Legal Specialization Certification MICHAEL C. MASSENGALE - INFO FROM PROFESSIONAL PROFILE ON FIRM WEBSITE Practice Areas: Securities Litigation | Antitrust and Competition Law Concentration: Commercial litigation, securities litigation and arbitration Summary: Michael Massengale primarily represents clients in business trial matters. He has taken part in a number of trials and injunction hearings in Texas and Delaware courts. Mr. Massengale's active trial practice includes arbitrations. Since 2002 he has represented clients in nine trials in Texas courts, seven of them jury trials, and three arbitrations before the National Association of Securities Dealers. The clients he advises include regulated utilities, energy concerns, oil and gas companies, and financial advisors. Following graduation from law school, Mr. Massengale served as a law clerk to Judge Harold R. DeMoss Jr. of the United States Court of Appeals for the Fifth Circuit. Representative Engagements CenterPoint Energy, Inc. – multiple lawsuits involving commercial and tort claims, including six cases tried to jury verdicts in Texas state courts ASARCO LLC – fraudulent transfer and breach of fiduciary duty litigation Pennzoil-Quaker State Company – multiple lawsuits, including second-chair representation of board of directors during three- week trial of shareholder suit challenging the Shell/Pennzoil merger (favorable jury verdict, no breach of fiduciary duties), and an antitrust suit against subsidiary MEDO Industries Texas Genco – multiple lawsuits involving commercial and personal injury claims, including shareholder litigation arising from the sale of the company Reliant Energy, Inc. – multiple lawsuits involving commercial claims Conoco Inc. – private arbitration and litigation before the Delaware Court of Chancery, Superior Court, and Supreme Court Landry's Restaurants, Inc. – contract dispute litigated before the Delaware Court of Chancery Special committee litigation – representation of the special committees of Plains Resources, Pure Resources, and Chaparral Resources in separate disputes before the Delaware Court of Chancery arising from tender offers to acquire the outstanding publicly traded shares of the companies at issue NASD arbitrations – representation of various banks and financial advisors in disputes involving enforcement of an arbitration agreement, an investor's allegations that he received oral promises of positive returns, and contract dispute over an alleged oral compensation agreement Pro bono matters – preparation of briefing to the United States Supreme Court on behalf of a prisoner (petition for writ of certiorari) and amici curiae prosecutors' associations (briefs in support of successful petition for writ of certiorari and on merits in support of successful petitioner); representation of children in various matters, including the handling of a student's First Amendment complaint against a public school; representation of a church and a nonprofit corporation with respect to threatened tax foreclosures Publications, Speeches, and Presentations Panelist, Decisions From the 2003-2004 United States Supreme Court Term, the Federalist Society, Houston, July 2004 "Riotous Uncertainty: A Quarrel With the 'Commentators' Rule' Against Section 1441(c) Removal for Counterclaim, Cross- Claim, and Third-Party Defendants," Texas Law Review, 1997 MIKE MASSENGALE - PERENNIAL RISING STAR: ATTORNEY PROFILE ON www.superlawyers.com Michael C. Massengale Michael Massengale Baker Botts L.L.P. One Shell Plaza, 910 Louisiana Street Houston, TX 77002 US Practice areas: Business Litigation (50%), Securities Litigation (30%), Civil Litigation Defense (20%) Law School: The University of Texas School of Law -------------------------------------------------------------------------------- Selected to: Texas Rising Stars 2009 Texas Rising Stars 2008 Texas Rising Stars 2007 Texas Rising Stars 2006 Texas Rising Stars 2005 Texas Rising Stars 2004 -------------------------------------------------------------------------------- Michael C. Massengale: DIRECTORY LISTINGS Justia Legal Services & Lawyer listing SOCIAL MEDIA: LinkedIN Profile http://www.linkedin.com/pub/michael-massengale/10/726/259 POLITICAL CAMPAIGN CONTRIBUTIONS Michael Massengale Contribution List in 2008 Name & Location Employer/Occupation MASSENGALE, MICHAEL C HOUSTON, TX 77008 BAKER BOTTS, LLP/ATTORNEY Dollar Amount: $1,000 Date 3/21/2008 Contibuted to: TEXANS FOR SENATOR JOHN CORNYN INC. - Republican Source: http://www.campaignmoney.com/political/contributions/michael-massengale.asp?cycle=08 Also see ---> 2009 Civil Appellate Opinions by Justice Massengale Also see Appellate Record of Predecessor: --> 2009 Tim Taft Opinions | 2008 Opinions by Justice Timothy Taft in Civil Appeals |
