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Robert G. Wall

Associate | rwall@smsm.com
Associate | Austin, TX
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t. 512.651.0292
f. 512.476.7832
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Practice Highlights

Mr. Wall is an insurance litigation attorney practicing in the firm’s Austin, Texas office.  Mr. Wall represents insurance carriers and insurance professionals in the defense of first-party bad faith lawsuits arising from claims on commercial and personal lines of insurance, including homeowners, business owners, commercial property and inland marine. Mr. Wall is also experienced in insurance coverage analysis, subrogation claims and defense, and third-party defense of insureds under liability and professional liability policies.

REPRESENTATIVE MATTERS

  • Obtained order denying Motion to Remand based on Tapscott Fraudulent Misjoinder analysis (believed to be the first in the 5th Circuit). Cause No. H-16-2437, U.S. District Court for the Southern District of Texas – Houston Division, J. David Hittner (2017 WL 319041). 
  • Obtained full dismissal of action against an out-of-state common carrier under Carmack Amendment preemption and personal jurisdiction. Cause No. SA-16-cv-747, U.S. District Court for the Western District of Texas – Austin Division, J. Xavier Rodriguez (2016 WL 6652764).
  • Obtained summary judgment on homeowner’s bad faith lawsuit on water damage claim. Cause No. A–14–CA–167–SS, U.S. District Court for the Western District of Texas – Austin Division, J. Sam Sparks (2015 WL 1564783).
  • Obtained summary judgment on bad faith lawsuit over commercial foundation damage claim. Cause No. SA–13–CA–721–FB, U.S. District Court for the Western District of Texas – San Antonio Division, J. Fred Biery (79 F.Supp.3d 660).
  • Obtained jury verdict for the defense in Insurance Fraud / Bad Faith diamond wholesaler case where contractual damage claims exceeded $580,000. Achieved dismissal of all extra-contractual claims in pretrial hearings and zero-liability jury verdict on contract claim. Cause No. DC-12-09407, U.S. District Court for the Northern District of Texas – Dallas Division, J. Sam Lindsay (2014 WL 1932519).
  • Obtained order severing claims and compelling arbitration of Third-Party Defendant’s cross-claims against carrier in broker procurement dispute over $2 million dollar cargo loss.  Also obtained summary judgment on Third-Party Plaintiff’s misrepresentation claims against carrier. Cause No. 11-Cv-3238, U.S. District Court for the Southern District of New York, J. Andrew Carter (967 F.Supp.2d 756; 2014 WL 988574).
  • Obtained zero-liability defense verdict after one-week jury trial in personal injury lawsuit involving medical damages in excess of $300,000 and a final pre-trial demand from Plaintiff of $1.6 million. Cause No. A-10-CA-591, Western District of Texas – Austin Division, J. Sam Sparks (2011 WL 3312337).
  • Obtained voluntary dismissal of breach of contract and extra-contractual claims against UIM carrier after showing bankruptcy where discharged medical billing was sought as UIM damages. Cause No. 2007-CV- 3027, District Court for the City and County of Denver, J. Catherine Lemon.

Education

University of Colorado School of Law, J.D. (2008)

Fort Lewis College, B.A., Business Economics (2003)

Admissions

  • Colorado, 2008
  • U.S. District Court, District of Colorado, 2008
  • U.S. Court of Appeals, Tenth Circuit, 2009 
  • Texas, 2009
  • U.S. District Court, Southern District of Texas, 2011
  • U.S. District Court, Western District of Texas, 2011
  • U.S. District Court, Northern District of Texas, 2013