As the former Harris County Litigation Bureau Chief and now Haynes and Boone litigation partner, Casey Wallace draws on more than 20 years of public and private practice to provide clients with extensive trial experience and a unique perspective on the interplay between private industry and government.
He used this perspective in recent high-profile and complex matters. For example, he has handled a month-long jury trial on a complex construction defect case involving Reliant Park, Houston’s football stadium; a multi-billion dollar suit brought in Brownsville, Texas that was the largest fraudulent transfer case in U.S. history; and representation of a former United States Attorney and former Assistant United States Attorney in a complex terror related arms case before the Fifth Circuit.
In addition, Mr. Wallace acts as general counsel to public and private entities engaged in public works. He serves as General Counsel to the Harris County Sports and Convention Corporation, represents the City of Houston in a complex civil rights case involving the death of a self-proclaimed CIA agent, and provides general counsel and litigation services to major transportation entities building commuter rail and toll-ways throughout the State of Texas.
Before joining Haynes and Boone, Mr. Wallace practiced at the Harris County Attorney's Office for more than a decade where he personally handled several hundred cases before the state, federal and appellate courts. Specifically, Mr. Wallace successfully represented the County in high-profile matters, including 1) a wrongful death case stemming from alleged abuse in the County jail, 2) a suit to enjoin Harris County, the state and the federal government from reconstructing the Katy Freeway corridor, and 3) an administrative hearing before the Texas Natural Resource Conservation Commission in which the TNRCC eliminated the 55 mph speed limit rule from the Houston-Galveston Area State Implementation Plan.
Because of his commitment to civic service, Mr. Wallace serves as Chairman of the Harris County Housing Authority. During his tenure, the Housing Authority has opened two new housing developments and, in 2008 alone, served more than 20,000 families in 37 states and spent $124 million to assist families who lost their homes in weather related disasters.
Selected Publications
- "The ABCs of the Use of Outside Counsel," Address Before Suing and Defending Governmental Entities Boot Camp, co-author with Sandy Hellums, (July 23, 2008)
- "A Long and Winding Road: Federal Funding for Interstate Toll Roads," 40 The Urban Lawyer, co-author with Sandy Hellums, (forthcoming Summer 2008)
- "Sovereign Immunity on Quantum Meruit Claims," Houston Lawyer, co-author with Sandy Hellums, November/December 2007, at 32
- "Reata, Tooke & The Changing Landscape of Sovereign Immunity From Suit," Houston Lawyer, January/February 2007, at 35
- Alternative Dispute Resolution: Texas Legislative Solutions and Issues Concerning Mediation
- This State is Full of SOBs
- What Your Mother Never Told You About SOBs
- Sex, Drugs and County Control
- TDPRS Fast Track Litigation "The Tempest"
- Sexually Oriented Business "Texas' Dirty Dirty Feeling"
Selected Representative Experience
Ibarra v. Baker, No. 08-20220, 338 Fed. App'x 457, 2009 WL 2244659 (5th Cir. July 28, 2009)
Persuaded the Fifth Circuit to vacate a district court's findings that two attorneys engaged in misconduct by giving or abiding false testimony.
Wilson v. Barcella, No. 07-20345 (5th Cir. July 10, 2008)
Obtained summary judgment for former U.S. Attorney and Assistant U.S. Attorney in civil rights suit alleging failure to disclose exculpatory evidence that was subsequently affirmed by the Fifth Circuit Court of Appeals.
In re Harris County, Texas, No. 05-20404, 240 Fed. Appx. 644 (5th Cir. June 28, 2007)
Persuaded the Fifth Circuit to grant mandamus relief and vacate an order that disqualified the Harris County Attorney’s office from representing Harris County and its law enforcement officers in a civil rights case.
Eminent Domain and Inverse Condemnation
Represent and counsel public and private entities in eminent domain and inverse condemnation actions including right-of-way acquisition, regulatory takings, valuation determinations, and utilities relocation.
FLSA Collective Action—Overtime Compensation for Meal Breaks; In the 269th Judicial District Court of Harris County, Texas
Represented a hospital district in an FLSA collective action maintained by a proposed class of anesthesia technicians, registered nurses and licensed vocational nurses who were allegedly required to work through meal breaks that were automatically deducted from their paychecks. The putative class potentially included over 2,000 members. We prevailed at the conditional certification stage when the court denied plaintiffs’ motion for conditional class certification. Thereafter, the named Plaintiffs non-suited their case with prejudice before trial.
Harris County Sports and Convention Corporation
Serve as General Counsel to the Harris County Sports and Convention Corporation.
Disaster Management and Response
Advised state and local officials regarding disaster response and management issues.
Carnaby v. City of Houston, Cause No. 4:08-cv-1366 in the Southern District of Texas
Obtained summary judgment on behalf of City of Houston in wrongful death civil rights suit alleging failure to train and supervise with regards to high risk vehicle approaches and use of force.
Infrastructure - Highways and Toll Roads
Represent finance, engineering, and construction companies in all aspects of the bid, design, build, and operations process for toll road projects in Hidalgo, Dallas, and Harris County.
Infrastructure - Rail
Represent public and private entities in all aspects of the bid, design, and build process relating to urban light-rail projects.
Infrastructure - Sports and Convention Facilities
Represent public and private entities in the bid, design, and build process for sports and convention facilities construction and maintenance.
Public Information and Open Meetings
Represent public and private entities in responding to public information requests to state and local governmental entities. We have also advised our public entity clients regarding compliance with open meeting requirements.
Ray Ferguson Interests Inc. v. Harris County Sports and Convention Corp., et al., Cause No. 2002-24597 in the 334th Judicial District Court of Harris County, Texas
Successfully settled stadium-related litigation, resulting in $1.1 million payment to client Harris County Sports & Convention Corp. in an action brought by a contractor. Also prevailed on breach-of-contract claims following six-week jury trial.
TAG Electric of Houston, L.P. v. InMotion Pictures, Inc.
Summary judgment dismissing all commercial claims against our client, InMotion Pictures, Inc.
White v. Harris County, et al., Cause No. 4:2007-cv-02112 in the Southern District of Texas
Obtained a partial summary judgment on excessive force claims brought against Harris County deputy.
BHT Franchise Corporation v. Houston Franchise Partners LLC, et al.
Procured judgment for franchisor for damages, recurring fees, and attorneys' fees for breach of franchise agreement.
Online Publications
02/23/2010 -
Texas Supreme Court Resets Public Information Act’s Ten-Day Deadline
When a governmental entity believes that information requested from it under the Texas Public Information Act (“PIA”) is exempt from disclosure, the PIA requires the entity to request an attorney general’s opinion within 10 business days after receiving the request. However, the PIA also allows the governmental entity to ask the requestor to clarify a request it finds to be unclear.
02/09/2010 -
Citizens United v. Federal Election Commission
On January 21, the U.S. Supreme Court struck down the restrictions on corporate expenditures encompassed in the Bi-Partisan Campaign Reform Act of 2002 (commonly known as the McCain-Feingold Act).
07/16/2009 -
Trends in the United States Supreme Court
Presentation to the State Bar of Texas 21st Annual Suing and Defending Governmental Entities Course, July 16-17, 2009.
07/16/2009 -
The ABCs of Sovereign Immunity
Presentation to the State Bar of Texas 21st Annual Suing and Defending Governmental Entities Course, July 16-17, 2009.
02/19/2009 -
The Opportunities and Risks of the New Federal Stimulus Bill
On February 19th, Haynes and Boone hosted a teleconference examining the business opportunities and risks inherent in the American Recovery and Reinvestment Act of 2009 (commonly referred to as the Stimulus Bill). To learn more about how this important new legislation will impact you and your business, please contact your Haynes and Boone attorney.
02/09/2009 -
Eminent Domain and 2009 Texas Legislature
Sparked by challenges like the Supreme Court’s landmark Kelo decision and public outcry against projects like the now-defunct Trans-Texas Corridor, the 2009 Texas Legislature is debating issues surrounding eminent domain. Currently, legislators have proposed two constitutional amendments and five statutory changes regarding eminent domain, each seeking to limit the state’s power to take private property for public use. The adoption of any of these laws will result in significant changes to the condemnation process in Texas.