Patrick N. Smith

Patrick has a substantial insurance defense practice and serves as outside general counsel, advising clients in all aspects of their businesses, including employment law, shareholder disputes, contract claims, construction litigation, licensing agreements, copyright claims, trucking claims, recovery as creditors in bankruptcy and debt collection. Patrick represents several national companies and is a member of the Litigation Section of the State Bar of Texas.

Experience:

Patrick received his bachelor’s degree in Biological Sciences from Southern Methodist University in 1990. He received his Doctor of Jurisprudence Degree from South Texas College of Law and his license to practice in the State of Texas in 1996. Patrick is admitted to practice before the United States Supreme Court, the Fifth Circuit Court of Appeals, and the Northern, Southern, Eastern, and Western United States District Courts.

As the managing member of Smith Parker Elliott, PLLC, Patrick brings his extensive lead counsel jury and bench trial experience, coverage knowledge, and practical business skills to the firm’s practice. Patrick has tried over 50 jury trials, arbitrations and administrative hearings to conclusion.

Representative Matters:

• Successfully defended a products liability case involving three workers severely burned in a paper mill plant in Beaumont, Texas, alleging multiple millions of dollars in damages, resulting in $0 damages awarded.
• Successfully defended a Fortune 500 nationwide products retailer in litigation brought by plaintiffs alleging hundreds of millions of dollars in damages for mesothelioma, by negotiating a dismissal of all claims without payment of any settlement.
• Obtained a summary judgment in favor of insurer client on a declaratory judgment case in federal court for claims of more than $2 million, finding that it had no duty to defend its insured, under its commercial general liability policy in a pending state court suit.
• Obtained a summary judgment in favor of client, an employer sued for unlawful employment discrimination under the Americans with Disabilities Act and the Age Discrimination Employment Act, alleging damages in excess of $200,000.00.
• Successfully represented an iron manufacturer for a products liability case resulting in personal injuries and negotiated a dismissal without payment of a settlement.
• Successfully represented an engineering and mechanical services group sued for more than $7 million for losses alleged to have occurred at a power plant in South America and negotiated a settlement for less than 2% of the amount in controversy.
• Successfully represented an insurance company for claims stemming from a leak in a pipeline used to transport chloroform from claims of more than $2 million and negotiated a settlement for $75,000.00.
• Successfully defended an aftermarket manufacture from claims of damages over $1.2 million by the original equipment manufacturer, where plaintiff alleged infringement of a federal copyright, unfair business practices under the Lanham Act, and unfair business practices under Texas law. After obtaining a partial summary judgment on all copyright claims in favor of the client, and obtaining a finding from the court that the plaintiff submitted a “sham” affidavit to the court, the case resolved less than one month later for a minimal amount.
• Successfully represented an insurer who denied a claim resulting from a pollution loss and contamination by petroleum products under a Commercial General Liability Policy and negotiated a settlement for less than 1/5 of the amount in controversy.

Associations and Memberships:

• Litigation Section, State Bar of Texas
• Texas Association of Defense Counsel
• Young Lawyers Committee, past member
• Houston Bar Association
• National Association of Dealer Counsel
• Litigation Section, Houston Bar Association
• Professionalism Committee, Houston Bar Association, past Co-Chair
• Past Program Chair, Professionalism Day
• Past Program Chair, Legal-Line program, Houston Bar Association
• Historical Committee, Houston Bar Association, past member
• Administration of Justice Committee, Houston Bar Association, past member

Education:

• South Texas College of Law (J.D.)
• Southern Methodist University (B.S.)

CERTIFICATIONS

• Certified mediator—Frank Evans Center for Conflict Resolution, South Texas College of Law

Court/Bar Admissions:

• State Bar of Texas
• U.S. District Courts for the Northern, Southern, Eastern and Western Districts of Texas
• U.S. Court of Appeals for the Fifth Circuit
• U.S. Supreme Court

Articles and Lectures:

• Panelist, “Deposing the Accident Reconstruction Expert: Things to Think (and Worry) About!”  Prosecuting & Defending Truck and Auto Collisions Cases, Houston, Texas
• Speaker/Author, Stower’s Demands. Cincinnati Insurance Company, Cincinnati, Ohio
• Author, Keeping Business in the Showroom and Out of the Courtroom, National Alliance of Auto Dealer Advisors, New Orleans, Louisiana
• What to Know Before Filing a Lien on a Homestead, Texas Bar Journal
• Faculty Member, TADC Trial Academy
• Speaker/Author, Insurance Law Update: Punitive Damages Coverage & Expansion of the “Exclusive Remedy” Provision of the Texas Workers’ Compensation Act