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Clay Steely is a litigation partner who has tried cases to a verdict and arbitrated cases to a final award since 1994. He has been responsible for matters involving real property, commercial and personal injury issues. He has successfully represented real property clients in disputes involving airborne, surface and groundwater releases, lease and easement interpretation, condemnation issues and lease and sale negotiations.
Clay has extensive experience in commercial matters involving all aspects of contractual disclaimers and violations of fiduciary duties, as well as employment related claims, including non-compete and non-solicitation provisions in employment contracts. Additionally, he has successfully resolved personal injury and death claims involving products liability, premises, and work related accidents as well as mass tort claims involving exposure to asbestos, silica, benzene and other compounds.
Mr. Steely has been named a "Rising Star" in Environmental/Land Use law in surveys conducted by Texas Monthly since 2005, and has been recognized by H Texas Magazine as a "Houston Top Lawyer" in the area of Business Litigation. Representative Experience Contract Disputes
- Lead counsel for national hardware co-op in breach of membership agreement claim against member and multi-million dollar counterclaims of breach of contract, promissory estoppel, fraud and negligent misrepresentation as well as claims under the Deceptive Trade Practices Act and the Texas Business Opportunities Act.
- Lead counsel on employment dispute for oil & gas field services provider for temporary restraining order and temporary injunction involving breach of contract and tortuous interference claims arising from common law duties of employees as well as non-compete and non-solicitation provisions of employment contracts.
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Trial counsel to a leading manufacture of corrugated material on breach of contract, breach of warranty and negligent misrepresentation claims, as well as counterclaims for breach of contract claims tried to a successful jury verdict.
- Lead counsel for energy management company in case involving breach of contract, misrepresentation, and fraud claims surrounding commissions allegedly due to a former employee in an employment agreement.
- Lead counsel to professional Indy Racing League driver in action against team owner surrounding driver's written contract.
- Lead counsel on contractual indemnity claim by a third party against international transportation client for settlement of a personal injury claim.
- Trial counsel to equipment manufacture on breach of contract claim with counterclaims of negligence, fraud and misrepresentation.
- Trial counsel to franchisor and jury verdict received in favor of franchisor in dispute over unpaid royalties and breach of license agreement with counterclaims of breach of contract, promissory estoppel, fraud and negligent misrepresentation as well as claims under the Deceptive Trade Practices Act and the Texas Business Opportunities Act. Writ granted by Texas Supreme Court on issue involving merger and integration clause in franchise agreement on which trial court directed verdict.
- Representation of various franchisors in commercial litigation involving allegations of breach of franchise contracts and alleged fraud associated with a franchisor/franchisee relationship.
- Lead arbitration counsel in successful arbitration for a major ground transportation company in case involving contract and indemnity claims arising out of a purchase agreement for a taxi business in Denver, Colorado.
- Lead arbitration counsel in successful arbitration for a major transportation company in case involving contract claims and employment disputes regarding the termination of a former owner of a company sold to client.
- Lead arbitration counsel in successful arbitration for a sculpted specialized concrete company in a construction contract dispute.
- Arbitration counsel in successful arbitration for a financial management and advisory company in an employment dispute involving alleged breach of contract, fraud, misrepresentation, and defamation claims.
Real Estate/Environmental/Mass Tort
- Lead counsel for realty trust company for breach of contract, fraud, and breach of warranty claims involving the sale of allegedly contaminated property.
- Lead counsel in negligence, nuisance and trespass case surrounding a landfill in Texas for a Fortune 500 company.
- Lead counsel on behalf of a major energy services company in two cases involving negligence, nuisance and trespass claims surrounding groundwater contamination in Harris County, Texas.
- Lead counsel for realty company in CERCLA case in which defendant abandoned containers of unlabeled wasting and lubricating oils.
- Lead counsel to chemical company in claims of personal injury, nuisance and trespass of multiple plaintiffs due to alleged air emissions in Jefferson County, Texas.
- Trial counsel to Fortune 500 company in breach of contract/lease case involving alleged contamination of multiple sites in Houston, Texas.
- Summary Judgment in client's favor dismissing over 3,000 claims arising from multi-party litigation surrounding alleged airborne chemical releases from various plants in Texas City, Texas.
- Lead counsel to various companies on asbestos claims, including boiler, heat exchanger and premise defendants. Successful Summary Judgments on causation issues.
Condemnation Proceedings
- Lead and trial counsel on several pipeline condemnation proceedings.
- Lead counsel to Fortune 500 company in condemnation proceedings relating to the construction of a professional sports stadium in Arlington, Texas.
- Lead counsel for industry leading provider of track and transit system construction services in a potential land sale and condemnation proceedings with a municipality.
- Lead counsel for a business park owner in condemnation proceedings over highway expansion project and value of easement issues.
- Lead counsel in an easement dispute over the alleged improper placement of a pipeline placed across plaintiff's property and successful resolution of client's counter-claim of damages for pipeline repair.
- Trial counsel in condemnation proceeding involving pipeline easement and bad faith trespass issues.
General Litigation
- Co-Counsel for railway company in cases tried to verdict involving claims under Federal Employers Liability Act for alleged personal injuries sustained by employees while at work and third parties in grade crossing collisions.
- Lead counsel in a wrongful death and survival claim involving foundry equipment.
- Lead counsel for transportation company in defamation, fraud and breach of contract case. Counsel for transportation company in dual fatality involved with motorcycle collision.
- Counsel in various wrongful death cases including claims surrounding equipment maintenance and operation, work procedures, and various OSHA violations.
- Trial counsel on several personal injury matters involving insurance, including chemical exposure, product liability, negligence, gross negligence and indemnity issues.
Professional / Civic Affiliations
- Martindale Hubbell AV Rated Attorney
- American Bar Association
- State Bar of Texas
- Houston Bar Association
- Texas Association of Defense Counsel
- Association of Defense Trial Attorneys
- National Association of Railroad Trial Counsel
- Texas Bar Foundation Fellow
- Houston Young Lawyers Association
News
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