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Attorneys
Katherine  Elrich

PRACTICES

Appellate

EDUCATION

Texas Tech University School of Law, Lubbock, Texas
J.D., magna cum laude, 1998
Honors: Order of the Coif,
Business Manager of the Executive Board of the Texas Tech Law Review

University of Texas, Arlington, Texas
B.B.A., cum laude, 1995

ADMISSIONS

  • Texas, 1998
  • U.S. Court of Appeals for the Fifth Circuit
Katherine Elrich
Member
CONTACT INFORMATION
Tel: 214-220-5237
Fax: 214-220-5287
V-Card

Katherine Elrich devotes her practice primarily to handling post-trial and appellate matters in both state and federal court, as well as providing related support at all stages of litigation. Katherine’s abilities as an appellate lawyer are enriched from her years in trial practice and her first-hand knowledge of the challenges faced in litigation.

As a seasoned writer, Katherine’s abilities to analyze procedural and substantive issues enable her to develop persuasive briefs and motions. She presents her client’s arguments in a logical, organized, and sound legal brief, focusing attention on the key issues that effectively present her client’s position.

Katherine’s abilities in oral arguments are built on a practical, common-sense approach to presenting her appeal. Although detailed-oriented, she never forgets the “big picture” and keeps her eye on her client’s ultimate goals and needs. 

EXPERIENCE

Representative Appeals

Business & Commercial:
 
  • Successfully defended on appeal summary judgment granted in favor of landlord in a landlord/tenant breach of lease dispute in Spy, Inc. v. SC Legacy Independence, Ltd., No. 05-15-00763-CV, 2016 Tex. App. LEXIS 6436 (Tex. App.—Dallas June 16, 2016, no pet.).
  • Successfully co-represented on appeal the majority shareholders in a minority shareholder oppression lawsuit in Ritchie v. Rupe, 443 S.W.3d 856 (Tex. 2014).
  • Successfully defended on appeal summary judgment and award of attorney’s fees as sanctions in favor of client involving various tort and contractual theories and violations of the Tex. Rev. Civ. Stat. Ann. Art. 1396-2.23, which requires nonprofit corporations to provide a right to inspect its books and records to its members in Price v. Schroeder et al., No. 03-07-00364-CV, 2010 Tex. App. LEXIS 3888 (Tex. App.―Austin May 20, 2010, no. pet.). 
  • Successfully defended on appeal summary judgment in favor of client involving claims of violations of the Truth in Lending Act, the Real Estate Settlement Procedures Act, and the Fair Debt Collection Practices Act in Kareem v. Am. Home Mortg. Servicing, Inc., No. 11-10701, 479 Fed. App’x 619 (5th Cir. June 26, 2012).
  • Successfully defended on appeal summary judgment in favor of client involving claims of violations of the Texas Deceptive Trade Practices Act and wrongful foreclosure on property in Schlotte v. Option One Mortg. Corp., No. 09-11-00208-CV, 2012 Tex. App. LEXIS 4289 (Tex. App.—Beaumont May 31, 2012, pet. denied).

Labor & Employment:
 
  • Successfully represented on appeal before the U.S. Court of Appeals for the Fifth Circuit an oilfield-produced water disposal and transport company in defense of a collective action under the Fair Labor Standards Act seeking overtime wages.  Johnson v. Heckmann Water Resources (CVR), Inc.; Complete Vacuum and Rental, L.L.P., 758 F.3d 627 (5th Cir. 2014).
  • Successfully represented in federal district court a premier international apparel company in defense of age, gender, and religious discrimination claims, as well as claims under the Fair Credit Reporting Act; authored successful motion for summary judgment resulting in a complete dismissal of all claims brought against our client. Kretchmer v. Eveden, Inc., No. 3:07-CV-1068-D, 2009 WL 854719 (N.D. Tex., Mar. 31, 2009); successfully defended the district court’s judgment on appeal to the U.S. Court of Appeals for the Fifth Circuit in Kretchmer v. Eveden, Inc., No. 09-10556, 374 Fed. App’x 493 (5th Cir. Mar. 12, 2010).

ERISA:
 
  • Successfully represented a long-term acute care hospital in the prosecution of an ERISA wrongful denial of benefits claim in both the federal district court and on appeal to the U.S. Court of Appeals for the Fifth Circuit. LifeCare Management Services, LLC v. Insurance Management Administrators, Inc., 703 F.3d 835 (5th Cir. 2013). 

Health Care:
 
  • Successfully defended on appeal an order granting our client’s motion to dismiss under the Texas Medical Liability and Insurance Improvement Act in Bain v. Capital Senior Living Corp., No.  05-14-00255-CV, 2015 Tex. App. LEXIS 6704 (Tex. App.—Dallas June 30, 2015, pet. filed). 
  • Successfully defended on appeal an order granting our client’s motion to dismiss and awarding attorneys’ fees under the Medical Liability and Insurance Improvement Act found in Chapter 74 of the Texas Civil Practices & Remedies Code in Martinez v. Coronado Nursing Center, LP, No. 11-10-00088-CV, 2012 Tex. App. LEXIS 1836 (Tex. App.—Eastland Mar. 8, 2012, no pet.).

Insurance Coverage:
 
  • Successfully defended on appeal to the U.S. Court of Appeals for the Fifth Circuit the district court’s award of summary judgment in favor of an insurer involving a coverage dispute in Bituminous Casualty Corp. v. Travelers Indemnity Co., No. 13-10537, 564 Fed. App’x 132 (5th Cir. April 22, 2014).
  • Successfully defended on appeal to the U.S. Court of Appeals for the Fifth Circuit the district court’s award of summary judgment on behalf of the insurer finding that the insurer had no duty to defend or indemnify the insured under the terms of the insurance policy. CSA Nutraceuticals GP, L.L.C. et al. v. Chubb Custom Insurance Co., No. 12-10317, 505 Fed. App’x 298 (5th Cir. Jan. 2, 2013).

Procedural:
 
  • Successfully appealed an order denying our client’s special appearance contesting jurisdiction in the State of Texas resulting in a complete dismissal of all claims brought against our client in O’Daire v. Rowand Recovery, LLC, No. 05-16-01097-CV, 2017 Tex. App. LEXIS 2076 (Tex. App.—Dallas Mar. 9, 2017, no pet.).
  • Successfully appealed an order denying our client’s special appearance contesting jurisdiction in the State of Texas resulting in a complete dismissal of all claims brought against our client in Estate of Hood, No. 02-16-00036-CV, 2016 Tex. App. LEXIS 12373 (Tex. App.—Fort Worth Nov. 17, 2016, no pet.).
  • Successfully appealed an order denying our client’s special appearance contesting jurisdiction in the State of Texas resulting in a complete dismissal of all claims brought against our client in Priller v. Cox, No. 05-15-01257-CV, 2016 Tex. App. LEXIS 12247 (Tex. App.—Dallas Nov. 15, 2016, no pet.).
  • Successfully appealed an order denying our client’s special appearance contesting jurisdiction in the State of Texas resulting in a complete dismissal of all claims brought against our client in Furtek & Assocs., L.L.C. v. Maxus Healthcare Partners, LLC, No. 02-15-00309-CV, 2016 Tex. App. LEXIS 4192 (Tex. App.—Fort Worth April 21, 2016, no pet.).
  • Successfully obtained mandamus relief of the trial court’s denial of a plea to the jurisdiction in In re First Mercury Insurance Company, 437 S.W.3d 34 (Tex. App.—Corpus Christi 2014, orig. proceeding).
  • Successfully obtained mandamus relief of the trial court’s order denying a motion to sever and motion to transfer venue in In re Arcababa, No. 10-13-00097-CV, 2013 Tex. App. LEXIS 13571 (Tex. App.—Waco Oct. 31, 2013, orig. proceeding).
  • Successfully defended on appeal an order granting our client’s special appearance contesting jurisdiction in the State of Texas resulting in a complete dismissal of all claims brought against our client in a legal malpractice lawsuit in Katz v. Winston & Cashett, No. 05-10-01535-CV, 2011 Tex. App. LEXIS 6142 (Tex. App.—Dallas Aug. 5, 2011, no pet.).
  • Successfully appealed an order denying a motion to compel arbitration in Ascendant Anesthesia PLLC v. Abazi, 348 S.W.3d 454 (Tex. App.—Dallas 2011, no pet.).
  • Successfully appealed an order denying our client’s special appearance contesting jurisdiction in the State of Texas resulting in a complete dismissal of all claims brought against our client in a legal malpractice lawsuit in Nagle v. Oppedisano, No. 05-05-01246-CV, 2006 Tex. App. LEXIS 7168 (Tex. App.—Dallas Aug. 15, 2006, no pet.). 

Professional Malpractice:
 
  • Successfully defended on appeal summary judgment granted in our client’s favor based on the doctrine of subrogation in First Bank Tex. v. Welch, No. 05-16-00403-CV, 2017 Tex. App. LEXIS 5141 (Tex. App.—Dallas June 5, 2017, no pet.).
  • Successfully defended on appeal an order granting our client’s motion to dismiss for failure to state a claim under the Fair Credit Reporting Act and Fair Debt Collection Practices Act in Hall, et al. v. Phenix Investigations, Inc., et al., No. 15-10533, 2016 U.S. App. LEXIS 5786 (5th Cir. Mar. 29, 2016). 
  • Successfully defended on appeal the district court's order granting our client's motion to dismiss in a lawsuit brought by an employer's estate against an insurer and an insurance broker that had procured an accident insurance policy naming the employer as the policy beneficiary in Lewis v. AIG Life Ins. Co., No. 10-20307, 423 Fed. App'x 394 (5th Cir. Apr. 21, 2011).

HONORS AND AWARDS

  • Best Lawyers in Dallas - D Magazine, 2014, 2016 & 2017
  • "Texas Super Lawyer" by Thomson Reuters, 2014 – 2017
  • “Rising Star” by Thomson Reuters, 2005 – 2012