Profile
Dale Wainwright, Co-Chair of the firm’s National Appeals & Legal Issues Group and Chair of the Texas Appellate Practice, has more than three decades of experience. He has substantial experience in high-risk, precedent-setting appeals, representing clients in complex commercial, energy, personal injury, health care, and administrative disputes in state and federal trial and appellate courts. Dale handles briefing and oral argument in trial and appellate courts, structures appeals and mandamus proceedings for success and counsels clients on litigation strategy, error preservation at trial, jury charge preparation, post-verdict proceedings, and analysis of the trial record for appellate potential.
Prior to joining Greenberg Traurig, Dale served on the Texas Supreme Court for 10 years, authoring more than 125 opinions. Elected to the Supreme Court in 2002, he was the third-longest-serving member of the court at the time of his return to private practice. Dale began his judicial career in 1999 when he was appointed by Governor George W. Bush to preside over the 334th Civil District Court in Houston, Texas. As judge of the 334th District Court, he resolved 3,000 cases and presided over more than 100 trials.
Concentrations
- Complex litigation and appeals
- Health care
- Energy and infrastructure
Capabilities
Experience
- Applying United States Supreme Court precedent, obtained dismissal of novel claims in a United States Court of Appeals that Fortune 500 client breached fiduciary duties under ERISA retirement plan by investing in company stock.
- Obtained reversal of trial court’s denial of special appearance for Fortune 500, multi-national client sued for products liability in Texas by establishing insufficient specific jurisdiction to be hailed into courts in the state.
- Obtained defense judgment in a court of last resort for international automobile manufacturer reversing a nine-figure jury verdict.
- Obtained affirmance in the court of appeals of the denial of a motion under the Texas Citizens Participation Act to dismiss client’s commercial claims in sale of a business dispute.
- Obtained reversal of trial court’s ruling that Texas courts has personal jurisdiction over Fortune 100 financial institution serving as trustee of extensive physical assets in the state.
- Obtained a reversal of the court of appeals’ decision upholding a trial court injunction that essentially denied the municipal client’s rights pursuant to a groundwater deed to produce the groundwater under the ranch. The Texas Supreme Court dissolved the injunction vindicating our client’s rights.
- Obtained decision from Texas Supreme Court validating Texas Railroad Commission’s approval of client’s injection well when Texas Commission on Environmental Quality challenged the approval.
- Vindicating the client's position in an appeal that set precedent as the first of its kind, substantively and procedurally, obtained a landmark victory for a Fortune 500 energy client in the Texas Supreme Court. The victory ended unconstitutional double taxation of the client arising from a decades-long boundary dispute. The appellate team utilized a unique procedure, never before utilized, to file the case in the Texas Supreme Court pursuant to its original jurisdiction and successfully obtain rulings on issues of first impression.
- Obtained Texas Supreme Court ruling to enforce lease shut-in clause in energy appeal against a claim that the oil and gas lease failed to produce in paying quantities.
- Successfully vindicated in the Texas Supreme Court a private utility company’s statutory right to recover costs of relocation of equipment necessitated by public works projects.
- Obtained victory in the Texas Supreme Court clarifying the accommodation doctrine and vindicated corporation’s property rights to reasonable use of surface lands to drill gas wells under the terms of the lease.
- On behalf of oil and gas royalty owners obtained reversal of an appeals court ruling that barred their claims under the most-favored-nations lease clause and other claims on statute of limitations grounds.
- Represented large energy company in appeal to Texas Supreme Court over whether legislature delegated authority to Texas Railroad Commission to authorize interim natural gas rate adjustments without a contested case proceeding. Successfully obtained decision affirming the Railroad Commission's decision benefitting our client. Successfully represented large power company at court of appeals in finding no jurisdiction for plaintiffs’ claims challenging installation of smart meters for millions of electric customers.
- Precluding the potential dramatic expansion of hospital liability, successfully represented an investor-owned hospital at the Texas Supreme Court reversing the trial and appellate courts that failed to bar liability of the hospital for the alleged negligence of a credentialed physician. The issue of first impression was whether the hospital was vicariously liable on the basis that the physician was a passive investor in the limited partnership that owned and operated the hospital.
- Obtained affirmance in the United States Court of Appeals of district court’s grant of summary judgment dismissing products liability claims against medical device manufacturer.
- Obtained mandamus relief ordering trial court to reverse its grant of a motion for new trial and reinstate defense verdict following a jury trial concerning the death due to cancer of patient.
- Obtaining affirmance of health care provider’s summary judgment dismissing healthcare liability claims arising from the unfortunate death of plaintiff’s son, relying on painstaking survey of data and analysis from prior case law and detailed analysis of the evidence.
- Represented investor-owned hospital at the Texas Supreme Court that had been held liable at the trial and appellate courts for the alleged negligence of a credentialed physician. The issue of first impression was whether the hospital was vicariously liable on the basis that the physician was a passive investor in the limited partnership that owned and operated the hospital. Obtained reversal of the court of appeals opinion and successfully thwarted what would have been a dramatic expansion of hospital liability.
- Represented large energy corporation in dispute over executive compensation agreement in appeal at the Texas Supreme Court. Succeeded in upholding enforcement of the agreement and rebutting the argument that the Covenants Not to Compete Act voided the agreement.
- Identified and argued key legal and fact issues to obtain judgment notwithstanding the verdict overturning multimillion-dollar verdict after a month-long jury trial. Later successfully argued at Court of Appeals to affirm the take nothing judgment.
- Represented insurer against thousands of plaintiffs in which trial court disqualified client's managing trial counsel. Obtained reversal of trial court decision at Court of Appeals, and no further appeal ensued.
- Represented insurer at Court of Appeals to uphold affirmative-defense terms in insurance policy vanquishing multimillion-dollar verdict.
Recognition & Leadership
- Team Member, a Law360 “Environmental Practice Group of the Year,” 2022
- Listed, Chambers USA Guide, 2012, 2015, and 2020-2023
- "Recognized Practitioner," 2016
- Listed, The Legal 500 United States
- Dispute Resolution - Appellate: Court of Appeals, 2020-2023
- "Recommended Lawyer," 2023
- Dispute Resolution - Appellate: Supreme Courts (States and Federal), 2020-2023
- "Recommended Lawyer," 2023
- Dispute Resolution - Appellate: Court of Appeals, 2020-2023
- Listed, The Best Lawyers in America
- Appellate Practice, 2020-2024
- Oil and Gas Law, 2023-2024
- Listed, Super Lawyers magazine, Texas Super Lawyers, 2014-2023
- Listed, Austin Monthly Magazine, "Top Attorneys in Austin," 2022
- Listed, The Legal 500 United States, Litigation: Supreme Court and Appellate, 2014-2015, and 2018-2019
- Listed, Thomson-Reuters, "Stand-Out Lawyers," 2022
- Appeals & Legal Issues Practice named to The National Law Journal’s Appellate Hot List, 2021, 2022 (for exemplary handling of appellate matters and "impressive" overall appellate track record)
- Selected, The National Black Lawyers (NBL), "Top 100 in Texas," 2022
- Recipient, Austin Black Business, "Top 10 Central Texas Super Lawyer Awards," 2019
- Recipient, Prevent Blindness Texas, Person of Vision Award
- Recipient, National Bar Association, Humanitarian Award
- Recipient, National Black Prosecutors Association, Trail Blazer Award
- Recipient, NAACP, Legal Excellence Award
- U.S. Chamber Litigation Center, Board of Directors
- Texas Board of Criminal Justice, Chairman (former)
- Texas Public Safety Commission, Commissioner
- Texas Supreme Court Historical Society, Fellow, Secretary, President-Elect, President
- American Law Institute, elected member
- Center for American and International Law, Vice-Chairman of the Board of Trustees
- Robert W. Calvert American Inn of Court, Master
- Texas Supreme Court Access to Justice Commission - Advisor to Legislative Committee
- Texas Bar Foundation, Fellow
- Houston Bar Foundation, Fellow
- Houston Bar Association, Board of Directors
- Houston Young Lawyers Association, President
- College of the State Bar, Member
- Houston Volunteer Lawyers Program, Board of Directors
- Texas Young Lawyers Association, Board of Directors
- Aspiring Youth Program, Co-founder
Credentials
Education
- J.D., University of Chicago Law School
- B.A., summa cum laude, Howard University
- Study Abroad, London School of Economics & Political Science
Admissions
- Texas
- Supreme Court of the United States
- U.S. Court of Appeals for the Federal Circuit
- U.S. Court of Appeals for the District of Columbia Circuit
- U.S. Court of Appeals for the First Circuit
- U.S. Court of Appeals for the Second Circuit
- U.S. Court of Appeals for the Third Circuit
- U.S. Court of Appeals for the Fourth Circuit
- U.S. Court of Appeals for the Fifth Circuit
- U.S. Court of Appeals for the Sixth Circuit
- U.S. Court of Appeals for the Seventh Circuit
- U.S. Court of Appeals for the Eighth Circuit
- U.S. Court of Appeals for the Ninth Circuit
- U.S. Court of Appeals for the Tenth Circuit
- U.S. Court of Appeals for the Eleventh Circuit
- U.S. District Court for the Eastern District of Texas
- U.S. District Court for the Western District of Texas
- U.S. District Court for the Southern District of Texas