George Parker Young has enjoyed a diverse complex litigation practice for almost 30 years. He represents clients in the full range of business litigation and arbitration, and has significant experience in the areas of oil and gas, fiduciary duty, shareholder derivative, probate, intellectual property, insurance and securities litigation. He calls on his extensive appellate experience in advising clients and when trying cases. (His last trial lasted almost seven weeks; his longest trial lasted eleven weeks.)
George has more recently been actively involved in several "minority shareholder oppression" cases defending companies or majority shareholders sued by minority interest owners for perceived wrongs; he has written and lectured extensively on this topic.
George has successfully handled several large oil and gas matters over the last several years, including disputes between royalty, working interest owners and operators, fights involving investors in oil and gas ventures, disputes between producers and surface owners, disputes between pipelines and producers and litigation between pipelines and adjoining landowners.
George is Board Certified in Civil Trial Law by the Texas Board of Legal Specialization. He is on the Litigation Council of the State Bar of Texas Litigation Section and served as a 2011 Course Director for the State Bar of Texas Advanced Civil Trial Course. George has been an adjunct professor at Texas Wesleyan School of Law and a guest lecturer at the SMU and University of Texas schools of law.
In 2004, George argued to the U.S. Supreme Court a landmark case on ERISA preemption and HMO liability; in 2003 he was a finalist for Trial Lawyer of the Year awarded by the Trial Lawyers of Public Justice (eight cases nominated nationally), and was among 2003-2005 and 2008-2012 "Super Lawyers" selected by Texas Monthly (less than 5 percent of all Texas lawyers), and 2004, 2005, 2009 and 2011-2012 "Top Attorneys in Tarrant County" selected by Fort Worth Magazine and The Fort Worth Business Press. George is AV® Peer Review Rated Preeminent by Martindale-Hubbell® Law Directory.
Complex Business Litigation
- Seven-week trial of corporate defendant in "minority shareholder oppression" case.
- Defense of claims arising from failed $20 million real estate deal; eventual settlement was half of amount offered before George's entry into the case.
- Successful defense of a multi-national chemicals manufacturing corporation in a federal court case where plaintiff was seeking more than $15 million in damages for fraud in the sale of an alleged defective product.
- Defense of fraud claims arising out of plaintiff's investment of millions in oil and gas interests and in drilling rig. George entered case more than one year into the litigation. Case settled several months later for much less than clients had offered before litigation was instituted.
- Prosecution of injunction suit to enforce contract proven by string of email relating to purchase of significant "bandwidth" essential to client's business. After obtaining injunction for the client the case settled by client consummating purchase of bandwidth at target price
- Obtained multi-million dollar tortious interference verdict and settlement for frustrated acquiror of regional telephone company.
- Successfully defended national bank in several large lender liability actions.
- Co-counsel for savings and loan plaintiff in one of the first significant civil RICO matters tried in the Northern District of Texas (trial lasting almost eleven weeks).
- Defended and obtained summary judgment on behalf of major manufacturing client in intellectual property litigation involving claims of patent infringement (successfully settled just before oral argument in the Federal Circuit).
- Successful appellate counsel in a number of Fifth Circuit and State Courts of Appeals Special counsel to Texas Attorney General in matter involving HMO's effort to have Texas' 1997 HMO liability statute declared preempted.
- First attorney to successfully use the 1997 law which prohibits financial incentives that act as an inducement to limit medically necessary care.
- Filed first suit and obtained first verdict and judgment (over $13 million) under Texas' 1997 HMO Liability Act.
- Thermacor Process, L.P. v. BASF Corporation, 567 F.3d 736 (5th Cir. 2009)
- Hartman v. St. Paul Fire & Marine Ins. Co., 95 F.3d 1149 (5th Cir. 1996)
- Hamman v. Southwestern Gas Pipeline, 832 F.2d 55 (5th Cir. 1987)
- Giles v. NYLCare, 172 F.3d 332 (5th Cir. 1999)
- Calad v. CIGNA Healthcare of Texas, Inc./Davila v. Aetna U.S. Healthcare, 307 F.2d 298 (5th Cir. 2002) rev'd on appeal
- Special Counsel to Attorney General, Corporate Health Ins., Inc. v. Texas Department of Ins., 12 F.Supp.2d 597 (N.D. Tex. 1998), aff'd in part, rev'd in part, 215 F.3d 526 (5th Cir.), rehearing denied, 220 F.3d 641 (5th Cir. 2000) (Aetna's unsuccessful declaratory judgment action to declare Texas HMO liability statute preempted by ERISA)
Selected Recent Publications
- January 2013: "'A Rough Sense of Justice' Meets 'Practical Politics'" Causation in the Texas Supreme Court," Baylor Law Review, Vol. 64, No. 3 (co-authored with Kelli Walter).
- July 2011: "Fiduciary Duties and Minority Shareholder Oppression From the Defense Perspective: Differing Approaches in Texas, Delaware, and Nevada," 34th Annual Advanced Civil Trial Course, State Bar of Texas.
- October 2010: "Delaware Business Torts for Texas Lawyers," Business Torts Institute 2010, State Bar of Texas.
- June 2010: "'A Rough Sense of Justice' or 'Practical Politics'? The Texas Supreme Court, Causation and Chapter 33," 33rd Annual Advanced Civil Trial Course, State Bar of Texas.
- January 2009: "'A Rough Sense of Justice' or 'Practical Politics?' Recent Texas Supreme Court Opinions on Causation," 25th Annual Litigation Update Institute.
- April 2008: "An Intersection or the End of the Road? Impact of Chapter 33 on Indemnity in Texas," Texas College for Judicial Studies.
- Fall 2007: "An Annotated 'Model' Settlement Agreement," The Advocate, State Bar of Texas Litigation Section.
- August 2007: "Chapter 33 and Indemnity," 30th Annual Advanced Civil Trial Course, State Bar of Texas.
- August 2006: "Chapter 33: Proportionate Responsibility and Other Frights," 29th Advanced Civil Trial Course.
- August 2005: "Chapter 33: One Need Not Be A Party to be Invited to the Party (A Wake for 'Joint and Several Liability' and the Retreat from 'Broad Form Submission' in Texas)," State Bar 28th Annual Advanced Civil Trial Course (co-authored with Kendyl Darby).
Selected Representative Experience
Argo Data Res. Corp. v. Shagrithaya, 2012 Tex. App. LEXIS 7272 (Tex. App. Dallas Aug. 29, 2012, no pet. h.)
Obtained reversal and rendition of take-nothing judgment in favor of corporate client on appeal of alleged shareholder oppression claim in which trial court had ordered that corporation be caused to issue an $85 million dividend.
McCoy v. Adams, et al., NO. 048-252036-11 (48th Judicial District, Tarrant County, Tex., April 30, 2012)
Won summary judgment in favor individual defendants on ex-CEO’s claims of breach of fiduciary duty, common law and statutory fraud, and negligent misrepresentation with multi-million-dollar damage allegations; the judgment was not appealed.
Thermacor Process, LP v. BASF Corp., 567 F.3d 736 (5th Cir. 2009)
Won summary judgment in a case involving fraud, negligent misrepresentation, and DTPA claims and alleged damages in excess of $10 million, and successfully defended the summary judgment on appeal.
Shagitahya v. Martin and ARGO
Defense of claims of minority shareholder oppression and request for dividend from company to all shareholders.
02/09/2012 - Fiduciary Duties and Minority Shareholder Oppression from the Defense Perspective: Differing Approaches in Texas, Delaware, and Nevada
Suits by minority shareholders in Texas are on the rise and represent an expanding, cutting-edge area of civil litigation in this state and across the country.
10/01/2010 - Delaware Business Torts for Texas Lawyers
Because of the “Internal Affairs Doctrine,” Delaware law can apply to a suit filed in Texas if the corporation or LLC is chartered in Delaware. In addition, Texas courts often look to Delaware law for guidance on business issues, given the specialized nature of Delaware courts considering business disputes.
06/15/2010 - "A Rough Sense of Justice" or "Practical Politics"? The Texas Supreme Court, Causation and Chapter 33
A review of The Texas Supreme Court, Causation and Chapter 33.
05/12/2009 - Fifth Circuit Enforces Disclaimer Provision in Form Agreement to Bar Misrepresentation Claims Against Manufacturer
On May 7, 2009, the Fifth Circuit affirmed a take-nothing summary judgment for Haynes and Boone, LLP client BASF Corporation, rejecting Plaintiff Thermacor Process, L.P.’s negligent misrepresentation, fraudulent inducement, and Texas Deceptive Trade Practices Act (DTPA) claims based on a standard disclaimer-of-warranty provision and the absence of any actionable misrepresentation. Thermacor Process, L.P. v. BASF Corp., No. 08-10227 (5th Cir. May 7, 2009). This decision reinforces Texas law that manufacturers can rely on standard disclaimers in their form agreements to defeat claims based on the absence of any misrepresentation, particularly when the parties are sophisticated and the disclaimer is conspicuous.
08/27/2008 - Running an Olympian Gauntlet: The Chapter 33 Decathlon
Presented at the Texas Advanced Civil Trial Courses, Fall, 2008.
08/30/2006 - Chapter 33: Proportionate Responsibility and Other Frights!
Presented at the State Bar of Texas 29th Annual Advanced Civil Trial Course.
08/31/2005 - Chapter 33: One Need Not Be a Party to Be Invited to the Party
(A Wake for "Joint and Several Liability" and the Retreat from "Broad Form Submission" in Texas)