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Mr. Whitus has represented individuals, private and public companies, and non-profit entities as plaintiffs and defendants in state and federal courts throughout Texas, and before arbitration panels of the American Arbitration Association. He has experience litigating a variety of complex commercial and construction disputes.
Mr. Whitus was selected as a "Texas Rising Star" by a 2005 Texas Monthly survey. He practiced commercial and construction litigation with Greenberg Peden before joining Porter & Hedges in 2001. Prior to his legal career, Mr. Whitus served five years in the U.S. Navy as a journalist, where he was recognized as the 1987 U.S. Navy Sportswriter of the Year. Representative Experience
- Represented statutory housing finance corporation, and nonprofit subsidiaries, in defense of $700,000+ claims for breach of supervisory management agreements involving three HUD financed, multifamily housing development renovation projects.
- Successfully compelled surety to arbitration from federal court based on incorporation by reference provision in performance bond, and briefed the same to the Fifth Circuit Court of Appeals prior to appeal being dismissed as moot.
- Part of trial team that prosecuted fraud counterclaims of downtown hotel construction manager against HVAC contractor to federal jury verdict, and take nothing verdict on contractor's contract, lien, and payment bond claims.
- Defended national food distributor against $500,000+ claims for business disparagement and slander per se before state court jury.
- Represented Jewish synagogue in recovery of monetary damages resulting from negligent asbestos remediation services to historic structure.
- Represented international energy company in recovery of damages for breach of $35MM pipe supply contract, originated through an online, reverse auction, for use in construction of 120+ mile cross-border gas transmission pipeline.
- Successfully enjoined adjoining land developer's construction of sewer mains through principal utility district's exclusive water line easements, eventually recovering damages and $130,000 in attorneys fees at mediation.
- Represented plaintiff mineral owners at trial court, and briefed substantive oil and gas legal issues on appeal, in successful lease termination under Texas voluntary pooling statutes as applied to 30 year old oil and gas lease.
- Second chaired successful defense of seismic data processing company against $15MM misappropriation of trade secret claim, resulting in defense verdict after three-week jury trial.
- Successfully represented general contractor against municipality's defective construction claims in 14 party case by effectively establishing design professional's liability, ultimately settled after three-day mediation.
- Represented foreign component part manufacturer in defending multiple product liability actions involving wrongful death and personal injury claims arising out of personal watercraft explosions.
- Successfully argued sham use doctrine to prevent Texas entity from using infringing trademark in advance of Mexico City client's expansion into Texas market, over vigorous defense of prior use and competing state mark registration.
- Litigation counsel to automobile dealership on numerous consumer and commercial disputes, contract claims, and contractual and statutory indemnity claims involving downstream distribution issues.
- Defended commercial real estate leasing company against claims of fraud and misrepresentation by broker of existing and future conditions of road construction projects adjoining leased space, and the resulting lost business opportunity and franchise termination.
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Fondren Const. Co., Inc., v. Briarcliff Housing Development Assoc., Inc., 196 S.W.3d 210 (Tex.App. – Houston [1st Dist.] 2006, no pet.).
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Ortiz v. Collins, ___ S.W.3d __, 2006 WL 238255 (Tex.App. – Houston [14th Dist.] 2006, pet. denied).
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New AAA Apartment Plbrs., Inc. v. DPMC – Briarcliff, L.P., ___ S.W.3d __, 2006 WL 2827275 (Tex.App. – Houston [14th Dist.] 2006, no pet.).
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Additionally, represented numerous clients in injunctive and summary proceedings, administrative law matters, mediations, trials, and arbitrations involving covenants not to compete, deceptive trade practices, extra-contractual/bad faith insurance claims, contractual and statutory indemnity issues, trademark and trade dress issues, pre-litigation and post-judgment discovery, and business tort litigation. Professional / Civic Affiliations
- Martindale Hubbell AV Rated Attorney
- Houston Bar Association (Litigation and Construction Law Sections)
- American Bar Association (Business Law and Litigation Sections)
- The College of the State Bar of Texas
- Member of the Houston Livestock Show & Rodeo, Legal Advisory and Parade Committees
- Greater Houston Partnership, Highways & Toll Roads Committee
- National Institute for Trial Advocacy, National Session, July 2003
- Member, Steering Committee, 2002 Dale Wainwright for Supreme Court
- Member, National Fragile X Foundation
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