Commercial, Environmental, Real Estate, Bankruptcy/Creditor's Rights, Business and General Civil Litigation, Consumer, Employment, Personal Injury, Products Liability, Insurance Bad Faith, Trial and Appeals in all State and Federal Courts.
John Wesley Wauson, born San Antonio, Texas, October 22, 1951.
Martindale-Hubbell, AV Peer Review rated since 1987.
Martindale-Hubbell, AV Preeminent rated since 2013.
The University of Texas at Austin (B.A. 1973); The University of Texas School of Law (J.D., 1978).
Bar and Court Admissions:
Admitted to bar 1978, Texas; also admitted to practice before U.S. Supreme Court, U.S. Court of Appeals, Fifth Circuit and U.S. District Court, Northern, Southern, Eastern and Western Districts of Texas, and Western District of Michigan.
Board Certified: Civil Trial Law, Texas Board of Legal Specialization (since 1989).
- Wauson & Associates, P.C., 1989 – 2006, President and Shareholder;
- Gilpin, Paxson & Bersch, L.L.P., 1985 – 1989;
- Gilpin, Maynard, Parsons, Pohl & Bennett, 1981 – 1985.
- Law clerk to Hon. James DeAnda, U.S. District Judge, Southern District of Texas, 1979-1980.
Trial and Appellate Cases of Note:
- Flatrolled Steel, Inc. v. Nolan Richardson, et al., Cause No. 2014-26092, in the 11th Judicial District Court of Harris County, Texas. Successfully defended four family members and 17 family owned, related companies in fraudulent conveyance action seeking to recover on a multi-million dollar judgment. Numerous defendants were granted summary judgment or dismissed in the face of motions and numerous damage claims disposed of by summary judgment. Remaining claims settled on first day of trial, after pretrial rulings, with jury waiting to begin voir dire.
- In re: Odin Demolition & Asset Recovery, LLC, Chapter 11 Debtor, in the United States Bankruptcy Court, Southern District of Texas, Houston Division. Successful objection to a Joint Motion to Reopen Case to Permit Filing of Motion for Order Interpreting and Enforcing Chapter 11 Plan. Judge Bohm denied the Motion and "slammed the door shut". Judge Bohm's opinion is here
- Angela Daniels, Individually and As parent and Next Friend of Her Minor Son, Dylan Daniels v. Katy Martial Arts and Fitness, LLC d/b/a Westside Mixed Martial Arts, E-Lam Properties, LLC, Paul Thomas, Nick Schultz, Lucille A. Mango and Rick Mango; Cause No. 10-DCV-179834, In the 240th Judicial District Court of Fort Bend County, Texas. (Successfully defended two individuals and an LLC that owned property in which a martial arts studio was located. The instructor and the business operation were sued by a student for assault and other intentional misconduct. A take nothing judgment was entered despite an adverse jury verdict after motions for new trial and pursuant to settlement.)
- Xiangxiang Tang, Individually and as a shareholder on behalf of L.T.L. Medspa, Inc. v. Yvonne Tran, Klaus Wiegand, and L.T. L. Medspa, Inc., Cause No. 13-DCV-211293, In the 268th Judicial District Court, Fort Bend County, Texas. (Successful prosecution of breach of contract, breach of fiduciary duty, and fraud claims arising from a partnership agreement for the operation of a medical spa. Obtained a judgment for actual damages in excess of $200,000.00.)
- Ronald J. Sommers, Trustee v. Christopher J. Koscinski, Frederick V. Hackett, Glenn A. Clamon, Paulette M. Kitson, Kevin Schmidt, Renee L. Anderson-Miller, Michael E. Holdgrapher, David Hyink, James Scott Milholland, Greg Ralph, Richard A. Wright, Jr. and Elbert Duane Logan (2014); Adversary Proceeding Nos. 13-03307 and 13-03318, In the United States Bankruptcy Court for the Southern District of Texas, Houston Division. (Successfully defended certain of the officers in claims brought against officers and directors for malfeasance involving damages of over $120 million. The case settled for $325,000 while motions to dismiss were pending.)
- Texas Gauge & Controls, Inc. et al v. Sam Ditta (2013); Cause No. 2011-75810, In the 234th Judicial District Court, Harris County, Texas. (Successful defense of breach of fiduciary duty, shareholder derivative claim and prosecution of corporate oppression. Settlement on confidential terms prior to judgment.)
- ERF Wireless, Inc. v. Schlumberger Technology Corporation (2013); Referred to arbitration and tried for over 2 weeks to three member arbitration panel.
- The State of Texas v. Taxmasters, Inc., TMIRS Enterprises, Ltd., TM GP Services, LLC d/b/a Taxmasters, and Patrick R. Cox, Cause No. D-1-GV-10-000486, In the 200th Judicial District Court of Travis County, Texas (2012)(Defense of business owner in two week trial on suit filed by Attorney General of the State of Texas).
- In re Transmeridian Exploration Corporation, Case No. 09-31859-H1-11, In re Transmeridian Exploration, Inc. (BVI), Case No. 09-31864-H5-11, In re Bramex Management, Inc., Case No. 09-31866-H3-11 (Jointly Administered); In the United States Bankruptcy Court for the Southern District of Texas, Houston Division (Successfully confirmed Chapter 11 Liquidating Plan; public company filing; liquidation
of foreign subsidiary in Kazakhstan; pay 40% of approved claims to unsecured creditors).
- In re Will Clay Perry, ___ B.R. ___, 2010 WL 668040 (Bankr.S.D. Tex., February 24, 2010)(Opinion on claims estimation involving usury claims).
- In re Will Clay Perry, 423 B.R. 215 (Bankr. S.D. Tex. 2010)(Opinion on nondischargeability complaint), motion for reconsideration pending.
- In re Will Clay Perry, 404 B.R. 196 (Bankr. S.D. Tex. 2009)(Opinion on Debtor's objections to Investors' Texas Securities Act claims).
- Gilliland v. Cornell Companies, Inc., 2008 WL 4858353, Southern District of Texas, November 10, 2008, Civil Action No. H-07-1655 (employment contract claims).
- In re Will Clay Perry, 394 B.R. 852 (Bankr. S.D. Tex. 2008)(Opinion on Debtor's abandonment of real property).
- In re Zeller, 2006 WL 4330528 (Tex.App.-Houston [1st Dist.] March 22, 2007, No. 01- 07-00200-CV) (post-judgment receivership).
- Watson v. Allstate Texas Lloyds Ins. Co., 2005 WL 1607452, Southern District of Texas, July 5, 2005, Civil Action No. H-03-5805 (storm damage insurance claim).
- Estate of Simmons v. Compania Financiera Libano, S.A., 2005 WL 1647531 (Tex.App.- Houston [1st Dist.] July 14, 2005, No. 01-04-00621-CV) (enforcing settlement agreement).
- Cole Chemical & Distributing, Inc. v. Gowing, 228 S.W.3d 684, 2005 WL 692202 (Tex.App.-Houston [14th Dist.] March 15, 2005, No. 14-03-01092-CV) (lease dispute for Landlord).
- Kaminetzky v. Park National Bank of Houston, 2005 WL 267665 (Tex.App.-Houston [1st Dist.] February 3, 2005, No. 1-03-01079-CV) (sanctions by litigant).
- Goswami v. American Collections Enterprise, Inc., 377 F.3d 488 (5th Cir. 2004), reh'g denied, 395 F.3d 225 (5th Cir. 2004), cert. denied, 126 S.Ct. 331, 163 L.Ed.2d 44 (2005)(affirming in part, reversing in part and remanding 280 F.Supp.2d 624 (S.D. Tex. 2003) (Federal Debt Collection Practices – collection agency misconduct).
- AIC Management v. Baker, 2003 WL 22724629 (Tex.App.-Houston [1st Dist.] November 20, 2003, No. 01-02-01074-CV)(real estate condemnation/eminent domain).
- Collins v. Guinn, 102 S.W.3d 825, 2003 WL 1786100 (Tex.App.-Texarkana, April 1, 2003, No. 06-02-00110-CV) (contract enforcement to collect for services).
- Kimmel v. Bekins Moving & Storage Co., 210 F.Supp.2d 850, 2002 WL 1496768, Fed.Carr.Cas. P 84,245, Southern District of Texas, June 12, 2002 (Civil Action No. H- 02-0787).
- In re Premier Holdings of Texas, L.P., 277 B.R. 332, 2002 WL 992224, Southern District of Texas, May 6, 2002 (Misc. No. G-02-MC-01).
- Compania Financiera Libano, S.A. v. Simmons, 53 S.W.3d 365, 2001 WL 690358, 44 Tex. Sup. Ct. J. 972, Tex. June 21, 2001 (No. 00-0465)(enforcement of settlement agreement).
- Carter, et al v. Education America, Inc., Cause No. 2001-19014; In the 61st Judicial District Court of Harris County, Texas (referred to arbitration and tried to conclusion, then settled along with all companion cases involving 24 plaintiffs in Cause No. 2000- 58202; Gerald Elmore, et al. v. Education America — Houston Campus, Inc. et al.; In the 11th Judicial District Court of Harris County, Texas; Cause No. 2001-14875; Cedric Ames, et al. v. Education America, Inc., et al.; In the 190th Judicial District Court of Harris County, Texas; Cause No. 2001-42189; Glyn Kincaid v. Education America, Inc., et al.; In the 11th Judicial District Court of Harris County, Texas; Cause No. 2001- 42597; Daphne Proctor, et al. v. Education America, Inc., et al; In the 127th Judicial District Court of Harris County, Texas; and Cause No. 2002-04301; Rogelio Lozano and Bethany Willms vs. Education America, Inc., et al.; In the 11th Judicial District Court of Harris County, Texas.
- Southwest Guar. Trust Co. v. Hardy Road 13.4 Joint Venture, 98 S.W.2d 951, 1998 WL
831226 (Tex.App.-Houston [1st Dist.] December 3, 1998, No. 01-96-01558-CV).
- Garcia, et al v. Fujitsu ICL Systems, Inc. and ATM Capital Group, Inc., Cause No. 98-11141; In the 215th Judicial District Court of Harris County, Texas; Fraud, Texas Business Opportunities Act, and DTPA case involving 31 plaintiffs.
- Park National Bank of Houston v. Kaminetzky, 976 F.Supp. 571, 1996 WL 913173, Southern District of Texas, September 12, 1996 (Civil Action No. H-96-0495).
- GNG Gas Systems, Inc. v. Dean, 921 S.W.2d 421, 1996 WL 159193, 30 UCC Rep.Serv.2d 1190 (Tex.App.-Amarillo, April 4, 1996, No. 07-95-0273-CV).
- Strawder v. Thomas, 846 S.W.2d 51, 1992 WL 360993 (Tex.App.-Corpus Christi, December 10, 1992, No. 13-91-154-CV).
- Anthony Pools, A Division of Anthony Industries, Inc. v. Charles & David, Inc., 797 S.W.2d 666, 1990 WL 113875 (Tex.App.-Houston [14th Dist.] August 9, 1990, No. A14-88-01015-CV) (litigation over asset purchase and sale with franchisee).
- Dell Development Corp. v. Best Indus, Uniform Supply Co., Inc., 743 S.W.2d 302, 1987 WL 155 (Tex.App.-Houston [14th Dist.] November 25, 1987, No. C14-86-927-CV) (small business representation).
- Askanase v. Fatjo, 130 F.3d 657, 1997 WL 754359, 40 Fed.R.Serv.3d 218, 12 Tex.Bankr.Ct.Rep. 6, 48 Fed. R. Evid. Serv. 543, C.A.5 (Texas) December 23, 1997 (No. 96-21001) (Successful defense of Bankruptcy Trustee suit against director of publicly traded company for misconduct [prosecuting civil contempt]).
- James v. Frame, 6 F.3d 307, 1993 WL 419946, 27 Fed.R.Serv.3d 1519, C.A.5 (Texas) November 5, 1993 (No. 93-2272); (Successful prosecution of business fraud).In re Davidson, 908 F.2d 1249, 1990 WL 106574, C.A.5 (Texas) August 15, 1990 (No. 89-27774).
- In re Progress Drilling & Marine, Inc., 122 B.R. 62, 1990 WL 210249, 5 Tex.Bankr.Ct. Rep. 72, Bankruptcy Southern District of Texas, July 2, 1990 (Bankruptcy Nos. 85-07495-H3-11, 85-08464-H3-11, 85-08465-H3-11, 86-05090-H2-11 and 85-07494-H3-11) (claim objection in bankruptcy).
- Bycowicz v. Pulte Home Corporation, 950 F.2d 1046 (5th Cir. 1992) Co-counsel for the defendant Pulte Home Corporation at the trial level while a partner at Gilpin, Paxson & Bersch in a case reported on appeal as (The case involved class action allegations).
Journals and Publications: Member, Editorial Staff (Articles Editor), Texas International Law Journal,
- State Bar of Texas
- Houston Bar Association
- Fort Bend County Bar Association
- American Bar Association
Fort Bend Lawyers Care, Advisory Board Member
- Fort Bend Lawyers Care, Former Director
- Fellow, Houston Bar Foundation
- Director, Fulshear Development Corporation (2009-____)
- Assistant Scoutmaster, Troop 941, Fulshear, Texas
- Member, Fulshear United Methodist Church
Mr. Wauson has extensive litigation experience involving creditors' rights/collection, lender liability claims, commercial, real estate, business, insurance claims, and bankruptcy debtor and creditor's rights matters. He has been board certified in Civil Trial Law by the Texas Board of Legal Specialization since 1989.
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