Tracey Ellison is counsel in the Litigation Practice Group in the Houston office of Haynes and Boone. Her practice focuses on representing both small start-up companies and large corporations in commercial litigation, labor arbitrations, personal injury and various other contested matters.
Trial and arbitration hearings
- Obtained large award in commercial arbitration involving insurance coverage and valuation issues for a loss sustained by a hydrometallurgical processing and recovery plant.
- Successfully appealed partial injunction to the Fifth Circuit Court of Appeals; injunction was vacated to the extent it had allowed limited continued use of trademarks and trade dress and otherwise affirmed prohibited use.
- Obtained summary judgment on personal injury/negligence claim in State Court in Beaumont.
- Obtained multiple summary judgments on personal injury/negligence claims in State Court in Houston based on application of Texas Labor Code Workers' Compensation laws with RCIP/OCIP coverage.
- Obtained a directed verdict on all counts in an international toll fraud case in which the plaintiff asserted claims of negligence, gross negligence, breach of implied warranty, breach of express warranty, breach of contract, violations of the Texas Deceptive Trade Practices – Consumer Protection Act and Slander per se.
- Obtained a directed verdict on all counts in a personal injury case in State Court in Beaumont. Plaintiff alleged he sustained serious injuries due to improper equipment installation and sought to recover actual as well as punitive damages under theories of negligence and gross negligence.
- Obtained no liability jury verdict on all counts in a lease dispute involving claims of breach of warranty, negligent misrepresentation, U.C.C. violations, breach of contract and fraud.
- Obtained no liability jury verdict on all counts in a construction dispute and received an award of damages and attorney fees on counter-claim of breach of contract.
- Obtained a reverse and render appellate decision in a property damage case based on legal ownership of cause of action.
- Obtained numerous labor arbitration awards upholding management decisions in disciplinary cases including dismissals and disciplinary suspensions, as well as contract interpretation disputes including seniority scheduling, validity of physical ability testing, validity of driving review policy and internet/email policies.
- Handled numerous Texas Work Force Commission hearings on behalf of major corporate employers and responded to National Labor Relations Board complaints.
Matters resolved prior to trial or arbitration
- Negotiated resolution of multi-million dollar house explosion involving multiple parties (plaintiffs and defendants) and obtained full releases from all Plaintiffs with no monetary contribution from client.
- Negotiated resolution of numerous personal injury cases for significantly less than actual medical expenses with no payment for other claimed damages such as pain and suffering, physical impairment, lost wages or decreased earning capacity.
- Collected full damages, loss of use and interest on numerous plant damage cases.
- Represented clients in preparing responses to charges of discrimination filed with the Equal Employment Opportunity Commission and the Texas Commission on Human Rights.
- Represented clients and management employees during on-site investigations by the Equal Employment Opportunity Commission.
- Resolved numerous Title VII cases including claims of sexual harassment, violations of the Americans with Disabilities Act, age and race discrimination.
- Negotiated agreements governing corporate contributions to $35,000,000 private financing of public sports facilities.
B.S., Accounting, University of Oklahoma, 1983, University Scholar
J.D., University of Oklahoma, 1986, with distinction
U.S. Court of Appeals for the Fifth Circuit
U.S. Court of Appeals for the Tenth Circuit
U.S. District Court for the Eastern District of Texas
U.S. District Court for the Northern District of Texas
U.S. District Court for the Southern District of Texas
U.S. District Court, District of Colorado
Law360 reported on a case win on behalf of client Shell that was handled by Haynes and Boone, LLP Counsel Tracey Ellison, Associate Natasha Breaux and Attorney Beth Harper. Here is an excerpt: The Fifth Circuit on Wednesday shot down an attempt by a former Shell employee … to collect $1.5 million in severance pay, saying his reliance on Indian laws to come up with payment request left the court c [...]