Katherine Elrich

• 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

• Texas, 1998
• U.S. Court of Appeals for the Fifth Circuit

The following represents key representations based on a particular area of the law or type of claim:  

Business and Commercial  

• Successfully defended on appeal summary judgment granted in our clients’ favor on breach of contract, breach of fiduciary duty, and fraud claims in Buholtz v. LEAP Property Management, No. 05-19-00857-CV, 2020 WL 2897099 (Tex. App.—Dallas July 2, 2020, pet. denied).   
• Successfully defended on appeal summary judgment granted in favor of our client resolving a partnership dispute in Lantek Communications, Inc. v. Hamilton Peck, No. 02-17-00252-CV, 2018 WL 5074766 (Tex. App.—Fort Worth Oct. 18, 2018, no pet.).
• 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 defended on appeal before the U.S. Court of Appeals for the Fifth Circuit the district court’s dismissal order in favor of an employer who was sued by a former employee for ADA discrimination when the employee had been fired for violating his employer’s safety standards rather than any claimed disability discrimination. Miller v. Fikes Wholesale, Inc., No. 18-50951, 2019 WL 1504000 (5th Cir. April 4, 2019). 
• 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 defended on appeal the trial court’s dismissal under the Texas anti-SLAPP statute of a malicious prosecution claim.  Bauta v. Mulvey, 646 S.W.3d 347 (Tex. App.—Corpus Christi 2022, pet. denied).
• Successfully defended on appeal the trial court’s denial of a request for temporary injunction and obtained dismissal of the case in favor of our clients under Texas’ judicial non-intervention doctrine. Williams v. Smith and Ninth District of Omega Psi Phi Fraternity, No. 05-19-01251-CV, 2020 WL 7332674 (Tex. App.—Dallas Dec. 14, 2020, pet. denied).  
• Successfully defended on appeal the trial court’s denial of a motion to dismiss counterclaim for sanctions under the Texas anti-SLAPP statute in our clients’ favor.  Barnes v. Kinser, 600 S.W.3d 506 (Tex. App.—Dallas 2020, pet. denied).  
• Successfully defended on appeal the trial court’s dismissal under the Texas anti-SLAPP statute of a breach of contract claim pled against our client.  Mustafa v. Pennington, No. 03-18-00081-CV, 2019 WL 1782993 (Tex. App.—Austin April 24, 2019, no pet.). 

• Successfully appealed an order granting third-party defendant Texas Department of Transportation’s (“TxDOT”) motion to dismiss for lack of subject matter jurisdiction based on sovereign immunity resulting in a reversal of the trial court’s order dismissing our client’s third-party petition allowing our client’s claims against TxDOT to be pursued in the district court in Pioneer Natural Resources USA, Inc. v. Tex. Dept. of Transportation, No. 05-17-01245-CV, 2018 WL 3490891 (Tex. App.—Dallas July 20, 2018, 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 Mitchell v. Freese & Goss, PLLC, No. 05-15-00868-CV, 2016 Tex. App. LEXIS 7598 (Tex. App.—Dallas July 15, 2016, pet. denied); successfully obtained a denial of petition for review in the Texas Supreme Court.  Freese & Goss, PLLC v. Mitchell, No. 16-0668, 2017 Tex. LEXIS 760 (Tex. Sept. 1, 2017). 
• Obtained complete dismissal of a lawsuit alleging claims of misappropriation of trade secrets, conversion, fraudulent transfer, conspiracy, and breach of fiduciary duty and claiming over $100,000,000 in damages against CMW’s clients.  CMW’s clients objected to the personal jurisdiction of Texas courts by filing a special appearance. The Dallas Court of Appeals held that there was neither specific nor general jurisdiction over the non-resident clients in Texas.  Northern Frac Proppants, II, LLC v. 2011 NF Holdings, LLC, No. 05-16-00319-CV, 2017 Tex. App. LEXIS 7100, *9-10 (Tex. App.—Dallas July 27, 2017, no pet.). 
• Successfully defended on appeal in the Fourteenth Court of Appeals and Texas Supreme Court an order granting an award of sanctions and costs in our client’s favor in Estate of Purgason v. Good, No. 14-14-00334-CV, 2016 Tex. App. LEXIS 1435 (Tex. App.—Houston [14th Dist.] Feb. 11, 2016, pet. denied); Estate of Purgason v. Good, No. 16-0822, 2017 Tex. LEXIS 502 (Tex. June 2, 2017). 
• 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 clients’ favor on plaintiff’s legal malpractice claim in Jetall Companies, Inc. v. Stevens, No. 05-19-00279-CV, 2020 WL 1887896 (Tex. App.—Dallas April 16, 2020, no pet.).

• Successfully defended on appeal summary judgment granted in our client’s favor on plaintiff’s legal malpractice claim in James v. Witherite, No. 05-17-00799-CV, 2018 WL 5869641 (Tex. App.—Dallas Nov. 9, 2018, no pet.).
• 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). 

• Named to the list of Texas Super Lawyers as one of the “Top 100 Attorneys” in the state by Thomson Reuters, 2017, 2019-2021.
• Named to the list of “Texas Super Lawyers as one of the “Top 50 Women Attorneys” in the state by Thomson Reuters, 2016-2022.
• Named to the list of Texas Super Lawyers “Top 100 Attorneys” in Dallas/Fort Worth” by Thomson Reuters, 2017-2022.
• Recognized on the list of “Best Lawyers in Dallas” by D Magazine, 2014, 2016-2023.
• Named to the list of Texas Super Lawyers by Thomson Reuters, 2014-2021.
• Honored as a Texas Rising Star by Thomson Reuters, 2005-2012.

• State Bar of Texas, Appellate Section  
• Dallas Bar Association, Appellate Section, Treasurer 2019, Secretary 2020, Vice Chair 2021, Chair 2022  
• Texas Bar Foundation Fellow, 2020 – present 
• St. Thomas Aquinas Lawyers Association, Vice President, 2015 – present 
• Bishop Lynch High School, Parents Association Board, 2021-2022 
• Young Men’s Service League (Mothers & Sons Serving Together), 2020-present 

• Co-Author, “Bandits and Robbers at the Watering Hole: Error Preservation in Jury Trials,” Texas Association of Defense Counsel Magazine at page 28, Fall/Winter 2022 ed.
• Co-Author and Presenter, “Bandits and Robbers at the Watering Hole: Error Preservation at Trial.” Texas Association of Defense Counsel 2022 Annual Meeting, September 15, 2022, San Antonio, Texas
• Co-Author and Presenter, “Building Your Case on a Solid Foundation to Withstand Appeal: Preserving Error for Appeal in Construction Cases,” 35^th Annual Construction Law Conference, March 4, 2022, San Antonio, Texas
• Presenter, “Building Your Case on a Solid Foundation to Withstand Appeal: Preserving Error for Appeal in Construction Cases,” Dallas Bar Association, Construction Law Section, June 2, 2022
• Co-Presenter, “Lessons from Rohrmoos: Views from the Bench and Counsel – Proving Attorney’s Fees in Fee-Shifting Cases,” Dallas Bar Association, Appellate Law Section, January 21, 2021
• Co-Author, “Practical Tips for Proving Attorney’s Fees after Rohrmoos,” Dallas Bar Association, Headnotes, Vol. 45 page 19, August 2020
• Co-Presenter, “Lodestar in the Lone Star State: Texas Supreme Court’s Required Method of Proof for Attorney’s Fees in Fee-Shifting Cases,” Dallas Bar Association, Appellate Law Section, October 19, 2019
• Co-Presenter, “Lodestar in the Lone Star State: Texas Supreme Court’s Required Method of Proof for Attorney’s Fees in Fee-Shifting Cases,” St. Thomas Aquinas Lawyers Association, August 28, 2019
• Presenter, “Not Your Father’s Personal Jurisdiction: An Update on Texas Personal Jurisdiction Law in the 21^st Century,” Dallas Bar Association, Appellate Law Section, October 26, 2017