About

For over 40 years, Mr. Kelly continues to manage commercial litigation and insurance firms in Houston, Texas. Mr. Kelly is a native El Pasoan.

Throughout his career, Mr. Kelly has handled a broad and diverse array of complex litigation matters across Texas, trying cases in state and federal courts in Andrews, Midland, Odessa, Corpus Christi, Dallas, Fort Worth, Beaumont, Galveston and Houston, Texas. He has also litigated cases in Louisiana, Arkansas, Alabama, Nevada, Oklahoma, Florida and New York. The Texas legal community has recognized Mr. Kelly’s expertise as he has been rated AV Preeminent® for 25 years by Martindale-Hubbell®.

Mr. Kelly’s practice covers complex litigation matters in several areas of the law, including:

  • Commercial and business disputes between partners, shareholders and directors; fiduciary duty claims in partnerships and other legal entities; contested removal of officers, directors and managers;

  • Real estate disputes involving the development and improvement of real estate; litigation between owners of real estate ventures;claims involving alleged property management and construction negligence resulting in injury, death and property damages; representation of real estate owners against government entities

  • Insurance litigation, representation of policyholders in coverage and bad faith claims; insurance defense and insurance coverage matters;

  • Energy exploration litigation including personal injury, wrongful death and property damage; drilling negligence and oilfield equipment product liability claims; commercial disputes between members and shareholders of capital venture and exploration and production entities;

  • Substantial collection matters for commercial and business clients;

  • Trade secret, trade dress and general intellectual property claims.

Mr. Kelly’s experience also includes adversary matters as special counsel in bankruptcy courts and probate courts. He has also represented clients in administrative hearings and substantial arbitration matters. Mr. Kelly also has extensive appellate experience. He has prosecuted and defended several appeals in several of the Courts of Appeal in Texas and in the United States Court of Appeals for the Fifth Circuit. He is licensed to practice before the state courts of Texas, the federal courts of Texas, the U.S. Court of Appeals for the Fifth and Eleventh Circuit and the Supreme Court of the United States.

Resume

Education

  • The University of Texas School of Law, Austin, Texas, 1976, J.D.
  • The University of Texas at Austin, Austin, Texas, 1973, B.A.

Bar Admissions

  • Texas, 1976
  • U.S. District Court Southern District of Texas
  • U.S. District Court Eastern District of Texas
  • U.S. District Court Western District of Texas
  • U.S. Court of Appeals 5th Circuit
  • U.S. Supreme Court

Published Works

  • Removal and Remand: When Does a Federal District Court Lose Jurisdiction Over a Case Remanded to State Court?, 41 Southwestern Law Journal 999, 1987

Professional Associations and Memberships

  • State Bar of Texas, Member
  • El Paso County Bar Association, Member

  • Houston Bar Association, Member

  • Certified Mediator

Litigation Percentage

  • 90% of Practice Devoted to Litigation