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, Casey serves as Chairman of the Harris County Housing Authority. During his tenure, the Housing Authority has opened two new housing developments and since 2008 served more than 20,000 families who lost their homes in weather-related disasters in 41 states, spending $175 million. Casey has also laid the ground work for two new senior housing developments to open in 2011 and a one-of-a kind master planned community for our nation's veterans.
Selected Publications
- "Who's the Boss: Determining Your True Client When Representing a Governmental Entity," Address before Best Practices for Public Sector Lawyers, co-author with Sandy Hellums, (July 2010)
- "Texas Supreme Court Resets Public Information Act Deadline," Hous. Lawyer, co-author with Sandy Hellums, Mar./Apr. 2010, at 51
- "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, (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
- TDPRS Fast Track Litigation "The Tempest"
Selected Representative Experience
LHC Nashua Partnership, LTD v. PDNED Sagamore Nashua, LLC, No. 10-20331, 2011 WL 4471133 (5th Cir. Sept. 28, 2011)
Won reversal of a $25.5 million jury award in which the Fifth Circuit vacated the damages for alleged lost profits arising out of a contract concerning the transfer of rights to purchase shopping mall property.
White v. Harris County Texas, et al., Cause No. 4:07-cv-02112 in the Southern District of Texas
Following presentation of the Plaintiff's case, obtained a judgment as a matter of law on behalf of Harris County Deputy Sheriff in a civil rights action. The matter involved claims of excessive force and wrongful arrest against the deputy and Harris County. Haynes and Boone previously won a partial summary judgment on the excessive force claim and successfully excluded a large portion of Plaintiff's evidence in pre-trial motions. After argument from counsel, the court found that the Plaintiff had failed to carry its burden on qualified immunity and found in favor of the Defendant.
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.
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.
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.
Disaster Management and Response
Advised state and local officials regarding disaster response and management issues.
Harris County Sports and Convention Corporation
Serve as General Counsel to the Harris County Sports and Convention Corporation.
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.
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.
TAG Electric of Houston, L.P. v. InMotion Pictures, Inc.
Summary judgment dismissing all commercial claims against our client, InMotion Pictures, Inc.
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.
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.
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.
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.
Online Publications
03/03/2011 -
Nothing Personal: Supreme Court Denies Corporate Privacy Exception Under FOIA
Corporate documents provided to the government as part of an investigation of the company are not excepted from disclosure for “personal privacy” purposes under the Freedom of Information Act (FOIA). In
Federal Communications Comm. v. AT&T Inc., the Supreme Court held AT&T did not have a personal privacy interest in documents the company provided to the FCC during an investigation.
01/10/2011 -
Employer Has Standing Under PIA to Seek Mandamus Relief When Information Requested by Employee is Not Released
Under the Texas Public Information Act, a “requestor” may file suit for a writ of mandamus compelling the release of public information. In
The City of Dallas v. The Dallas Morning News, the Dallas Court of Appeals held that an employer has standing to file such a suit when its employee made the initial request.
06/17/2010 -
New Barriers to Campaign Spending? Schumer-Van Hollen Campaign Finance Bill
A new campaign finance bill sponsored by Senator Chuck Schumer and Representative Chris Van Hollen would impose new spending restrictions and disclosure requirements.
05/17/2010 -
Texas Ethics Commission Reacts to Citizens United
The Texas Ethics Commission (TEC) recently adopted an advisory opinion that gives all corporations and unions some degree of certainty if they choose to make direct campaign expenditures, the Texas equivalent of the “independent expenditures” the U.S. Supreme Court addressed in
Citizens United v. Federal Election Commission.
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.