Dylan B. Russell

Partner

Dylan Russell is an accomplished trial and appellate attorney. He has been Board Certified in Civil Appellate Law by the Texas Board of Legal Specialization since 2017 and was recertified in 2022. Only about 400 attorneys licensed in Texas currently hold this certification, out of over 100,000 licensed attorneys. Now in his 22nd year of practice, his focus is on complex trials and appeals.

In his appellate practice, Dylan has presented almost thirty oral arguments in state and federal appellate courts. He has argued five times to the Supreme Court of Texas, five times to the Fifth Circuit, and once to the Second Circuit in New York. During the 2022-2023 term alone, Dylan had 5 petitions for review granted by the Supreme Court of Texas. Since 2015, Dylan has had 12 petitions, including 2 petitions for writ of mandamus, granted by the Supreme Court of Texas. When he has been respondent in the Supreme Court of Texas, no petitioner has had their petition granted. Dylan has also briefed two petitions for a writ of certiorari to the United States Supreme Court. One asked whether state-court judgments confirming arbitration awards, including state-court orders clarifying such judgments, are “judicial proceedings” entitled to “full faith and credit in every court within the United States,” pursuant to 28 U.S.C. § 1738. The other asked whether a defendant, in an FHAA discrimination case, must know of the disability “at the time” a reasonable accommodation is requested and denied or whether the knowledge can be acquired later, before any judgment is entered. In Texas’s mid-level appellate courts, Dylan has argued many times to the First and Fourteenth Courts of Appeals in Houston and also to the courts of appeals in Waco, Corpus Christi, Dallas, Beaumont, and Tyler. In addition to the courts mentioned above, he has briefed cases in the courts of appeals in El Paso and San Antonio. Dylan has also briefed two bankruptcy appeals, presenting oral arguments in one of them to the Chief Judge of the United States District Court for the Southern District of Texas, Houston Division. Dylan has also attended trials as appellate counsel in federal district courts in Fort Worth and Houston and in a bankruptcy adversary proceeding in Fort Worth.

In his trial practice, Dylan has tried cases as first chair in Harris and Montgomery Counties, including several jury trials in Harris County and one in Fort Bend County. He appeared in numerous federal and state district courts in counties throughout Texas, including in Harris, Montgomery, Fort Bend, Galveston, Dallas, Fort Worth, Liberty, Bexar, Travis, Brazoria, Williamson, Burnet, Hardin, Lubbock, Brazos, Denton, and El Paso counties, among others. Dylan also has appeared in federal courts and in state courts, pro hac vice, in states such as Florida, Missouri, New York, Connecticut, and Oklahoma.

  • Selected to the Rising Stars, 2011-2013 and Super Lawyers®, 2019-2024, as a Top-Rated Appellate Attorney in Houston, Texas. Super Lawyers® is a registered trademark of Thompson Reuters
  • CLE Panel: Gregory, Alonzo, and Most: Navigating Non-Economic Damages Today (Presenter), Litigation Section (Houston Bar Association, 2024)
  • CLE Webinar: What Appellate Lawyers Want Trial Lawyers to Know (Presenter), (Fort Bend County Bar Association, 2024)
  • CLE Webinar: Trends and Hot Topics in the Texas Citizen Participation Act (Presenter), (Houston Bar Association, 2024)
  • CLE Panel: Ethical Imperatives in Civil Trial and Appellate Advocacy (Presenter), South Texas Law Review, 30th Annual Ethics Symposium: Lawyer as an Advocate (2024)
  • CLE Webinar: Hot Topics in Election Law: Recent Cases and Potential Issues (Presenter), Appellate Section (Houston Bar Association, 2020)
  • Texas Association of Civil Trial and Appellate Specialists (TACTAS), Board of Directors
  • Texas Supreme Court Historical Society, Member
  • State Bar of Texas: Litigation and Appellate Sections
  • Houston Bar Association: Litigation and Appellate Sections
  • Bar Association of the Fifth Federal Circuit
  • Fort Bend County Bar Association, Director At-Large
  • As lead counsel, briefed class-certification appeal, after reversal and remand by the Texas Supreme Court, where the First Court of Appeals reversed a class-certification order, ruled that one of the class claims was “facially defective or legally baseless,” and remanded for further proceedings: IMT Pavilion III, LP v. Mendez, No. 01-18-00980-CV, 2024 WL 3862808  (Tex. App.—Houston [1st Dist.] Aug. 20, 2024, no pet. h).
  • As lead counsel, briefed petition for review where the Texas Supreme Court reversed a class-certification order and remanded to the First Court of Appeals for reconsideration: IMT Pavilion III, LP v. Mendez, 676 S.W.3d 112 (Tex. 2023) (per curiam).
  • As lead counsel, briefed and argued case to the Fifth Circuit where the Court affirmed, in favor of an apartment management company client, a 12(b)(6) dismissal of a False Claims Act claims brought against the client and other parties: United States ex rel. Miniex v. Hous. Hous. Auth., No. 21-20435, 2023 U.S. App. LEXIS 25226 (5th Cir. Sept. 22, 2023).
  • As lead counsel, briefed and argued petition for review where the unanimous Texas Supreme Court reversed the Tyler Court of Appeals and affirmed the trial court’s order denying an anti-SLAPP (Texas Citizens Participation Act) motion to dismiss of a legal malpractice claim against a law firm for failing to secure damages in a default judgment in an underlying federal court case: USA Lending Grp., Inc. v. Winstead PC, 669 S.W.3d 195 (Tex. 2023).
  • As lead counsel, briefed and argued petition for review where the unanimous Texas Supreme Court reversed the First Court of Appeals and the trial court’s class-certification order because the order failed to list the elements of pleaded defenses and address their effect on class-certification requirements: Mosaic Baybrook One, L.P. v. Cessor, 668 S.W.3d 611 (Tex. 2023).
  • Briefed petition for review and brief on the merits where Supreme Court of Texas reversed, in part, a plea to the jurisdiction that had dismissed a class-action case seeking relief such as reimbursement of drainage fees under a City of Houston ordinance: Perez v. Turner, 653 S.W.3d 191 (Tex. 2022).
  • As lead counsel, argued and briefed appeal where court of appeals affirmed final summary judgment reinstating fire fighter and granting back-pay and benefits because Civil Service Commission decision upholding the termination was not free from the taint of illegality. City of Houston v. Cortez, No. 14-20-00565-CV, 2022 Tex. App. LEXIS 912 (Tex. App.—Houston [14th Dist.] Feb. 8, 2022, no pet.).
  • As lead counsel in two related bankruptcy appeals, successfully reversed a bankruptcy court’s finding of no breach of contract, and in the second appeal, obtained a partial reversal increasing the contract damages award and adding attorney’s fees and interest. Sharp Iron Grp., LLC v. Total E&S, Inc. (In re CJ Holding Co.), No. H-18-1974, 2018 U.S. Dist. LEXIS 200651 (S.D. Tex. Nov. 27, 2018); Sharp Iron Grp. v. Total E&S, Inc., No. H-19-5022, 2020 U.S. Dist. LEXIS 249443 (S.D. Tex. Nov. 24, 2020).
  • As lead counsel, successfully argued to the Supreme Court of Texas that the statute of limitations on civil conspiracy claims should be the period that applies to the underlying tort, not the blanket two-year period that the lower courts of appeals had decades applied to all torts: Agar Corp. v. Electro Circuits Int’l, LLC, 580 S.W.3d 136 (Tex. 2019).
  • As lead counsel, briefed petition for writ of mandamus and brief on the merits where Supreme Court of Texas ruled that the trial court abused its discretion by erroneously denying a motion to designate attorneys as responsible third parties in a real-estate transaction, after clarifying that such erroneous denials are ordinarily subject to mandamus relief: In re Coppola, 535 S.W.3d 506 (Tex. 2017) (per curiam).
  • As lead counsel, argued and briefed a petition for review to Supreme Court of Texas where the Court reversed the lower court rulings on a commercial eviction in favor of the landlord’s right to possession, after clarifying the law on the effect of non-waiver clauses: Shields Limited P’ship v. Bradberry, 526 S.W.3d 471 (Tex. 2017).
  • As lead counsel, briefed appellee brief where the Fourteenth Court of Appeals affirmed a final judgment ruling that the Houston Proposition 1 drainage fee ballot in 2010 was misleading, after a prior favorable reversal and remand from the Supreme Court of Texas: City of Houston v. Dacus, No. 14-16-00123-CV, 2017 Tex. App. LEXIS 1131 (Tex. App.—Houston [14th Dist.] Feb. 9, 2017, pet. denied).
  • As lead counsel, briefed petition for writ of mandamus and brief on the merits where Supreme Court of Texas ruled that the trial court abused its discretion by restricting access to and use of ballots related to a disputed amended deed restriction: In re Keenan, 501 S.W.3d 74 (Tex. 2016) (per curiam).
  • Briefed petition for review, motion for rehearing, and brief on the merits where Supreme Court of Texas ruled the Houston Proposition 1 drainage fee ballot in 2010 was misleading, reversing the trial court and Fourteenth Court of Appeals decisions holding otherwise: Dacus v. Parker, 466 S.W.3d 820 (Tex. 2015).
  • As lead counsel, argued and briefed to the Fourteenth Court of Appeals on an appeal by the opposing party after obtaining a favorable jury trial judgment for a sand processing plant distributor: Guniganti v. C&S Components Co. Ltd., 467 S.W.3d 661 (Tex. App.—Houston [14th Dist.] 2015, no pet.).
  • Briefed petition for writ of mandamus where the court of appeals reversed key parts of trial court’s order granting “death penalty” sanctions: In re RH White Oak, LLC, 442 S.W.3d 492 (Tex. App.—Houston [14th Dist.] 2014, orig. proceeding) (per curiam).
  • Briefed insured’s motion to court of appeals resulting in dismissal of insurer’s permissive appeal seeking to reverse trial court denial of summary judgment on coverage, which lead to trial court finding insurer had a duty to defend insured client: Great Am. E&S Ins. Co. v. Lapolla Indus., Inc., No. 01-14-00732-CV, 2014 Tex. App. LEXIS 6746 (Tex. App.—Houston [1st Dist.] June 24, 2014, no pet.),
  • Briefed appeal where the court of appeals reversed and remanded the trial court’s granting of a plea to the jurisdiction of a water rate claim: Tara Partners, Ltd. v. City of South Houston, 282 S.W.3d 564 (Tex. App.—Houston [14th Dist.] 2009, pet. denied).
  • Won district court jury trial as first chair where the court found purchasers of sand plant processing equipment breached a contract with the distributor, resulting in a favorable judgment where the client received over $500,000 in damages and attorney’s fees.
  • Won jury trial as first chair, recovering real estate agent bonus from national home builder.
  • Won two district court trials as first chair, one to a jury and the other to the bench, where judgment was in favor of commercial landlord client.
  • Successfully disposed of a $10,000,000 claim for tortious interference claim under the Texas Citizens Participation Act (Texas’s anti-SLAPP statute).
  • Successfully disposed of two tortious interference claims totaling $39,000,000 in claimed damages under the Texas Citizens Participation Act (Texas’s anti-SLAPP statute).
  • Successfully argued a certified question to the Texas Commission on Environmental Quality where the Commissioners interpreted the Texas Water Code to prevent water districts from arbitrarily contravening the rights of ratepayers to appeal discriminatory water rates.
  • Won district court trial as first chair where court found municipal utility district water rates charged to apartment community owner were illegal and arbitrary.
  • As lead counsel, settled breach of escrow agreement case against United States agency where client received over $1.9 million of disputed funds.
  • Successfully argued to the United States Judicial Panel on Multidistrict Litigation to avoid centralization of multiple federal cases involving manufacturers of spray polyurethane foam: In re Spray Polyurethane Foam Insulation Products Liability Litigation, 949 F. Supp. 2d 1364 (J.P.M.L. 2013).
  • Along with co-counsel, advised Houston-based oil equipment manufacturer during five-year long federal investigation resulting in a negotiated settlement with the Department of Justice and OFAC regarding claims of violations of the International Emergency Economic Powers Act and the Sudanese Sanctions Regulations.
  • Podcast Host: Houston Law Nerd Podcast (https://www.houstonlawnerd.com/)
  • Past Executive Committee Member for Senate District 13 (2022-2024), Texas Democratic Party
  • Precinct Chair #3127, Fort Bend County Democratic Party,
  • United States Running Streak Association, Inc. (http://www.runeveryday.com/)-Premier Member with a current running streak that started April 9, 2014, including over 10 years of at least a 5K run a day.
  • Partner, Hoover Slovacek LLP (2009-2024)
  • Associate, Fritz Bryne Head & Harrison LLP (2008)
  • Associate, Hoover Slovacek LLP (2003-2008)
  • Intern for Judge Marcia Crone, U.S. Magistrate Court, Southern District of Texas, 2002.
  • Intern for Justices John Anderson, Kem Frost, and Don Wittig, Fourteenth Court of Appeals, 2001.
  • Professional Musician and Saxophonist, 1996-2000, performing with bands such as Duck Soup, Mr. Fabulous & Casino Royale, The Sharp 5 Jazz Quintet, Rocket 69, and the Elision Saxophone Quartet. While at U.T. Austin, performed with the U.T. Jazz Orchestra, U.T. Wind Ensemble, and U.T. Saxophone Choir.
  • South Texas College of Law Houston, Houston, Texas, J.D., 2003
    South Texas Law Review, Articles Editor
  • University of Texas, Austin, Texas, Bachelor of Music in Saxophone Performance with Jazz Concentration, 1996

  • Texas, 2003
  • Southern District of Texas – 2004
  • Northern District of Texas – 2004
  • Eastern District of Texas – 2004
  • Court of Federal Claims – 2004
  • Fifth Circuit Court of Appeals – 2004
  • Western Districts of Texas – 2005
  • Supreme Court of the United States – 2007
  • Second Circuit Court of Appeals – 2013
  • Medical Malpractice
  • Personal Injury
  • Products Liability
  • Premises Liability
  • General Negligence
  • Truck and Automobile Collisions
  • Commercial Litigation
  • Maritime Accidents
  • Birth Injuries
  • Wrongful Death
  • Appellate Law
  • Arbitration
  • University of Texas School of Law, Juris Doctor with Honors
    • Associate Editor Texas Law Review
    • Order of the Coif (top 10% of class)
  • University of Texas at Austin, Bachelor of Business Administration, with Honors
    • Major Finance, Minor Marketing
    • Beta Gamma Sigma National Business Honor Society
    • Kappa Kappa Gamma, service and social sorority
  • Top 100 – The National Trial Lawyers
  • Multi Million Dollar Advocates Forum
  • Texas Law Review, Associate Editor
  • Order of the Coif
  • Carrington, Coleman Sloman and Blumenthal Academic Excellence Award
  • Bankston, Wright and Greenhill Award in Tort Law
  • Highest overall GPA at UT Law first year
  • Dean’s Achievement Award for highest achievement in the study of Contracts
  • Dean’s Achievement Award for highest achievement in the study of Torts
  • State Bar of Texas
  • State Bar of Arizona
  • Supreme Court of the United States
  • United States Court of Appeals for the Fifth Circuit
  • United States District Court Southern District of Texas
  • Pro Hac Vice admissions to Colorado, Florida, Iowa, New Mexico and Utah
  • Texas Trial Lawyers Association
  • Houston Trial Lawyers Association
  • American Bar Association
  • Houston Bar Association
  • Federal Bar Association
  • Fulbright and Jaworski (Norton Rose Fulbright)
  • Mayor Day Caldwell and Keaton
  • Andrews Kurth
  • Hunton Andrews Kurth
  • The Ammons Law Firm
  • The Newsome Law Firm

Recognized as a Rising Star in 2019, 2020 and 2021 by Texas Super Lawyers, Phil is also a Fellow in the Texas Bar Foundation. Prior to becoming a lawyer, taught in the Houston Independent School District at an inner-city middle school. He also served as a bandmaster and musician on Norwegian, Celebrity, Holland America and Royal Caribbean Cruise Lines. He is admitted to the Fifth Circuit, Southern District of Texas and Western District of Texas in the federal court system.

Phil lives in Houston with his wife and their two young boys. When not working, Phil can be found coaching or assisting with his kids’ sports, enjoying Houston’s vibrant arts scene with his wife, or cheering on the Astros.

J.D., University of Virginia School of Law

  • Order of the Coif (Top 10% of Class)
  • National Trial Advocacy Team
  • National Trial Competition (National Finalist)
  • National Trial Advocacy College (Graduate)

M.A., The Johns Hopkins University School of Advanced International Studies

  • Highest Honors
  • Dual concentrations in International Economics and U.S. Foreign Policy

B.A., Washington & Lee University, Politics

  • Summa cum laude
  • Phi Beta Kappa
  • American Bar Association
  • American Association for Justice
  • Texas Trial Lawyers Association
  • Houston Bar Association
  • Top Scorer, Texas Bar Exam
  • Fellow, Texas Bar Foundation
  • Fellow, Houston Bar Foundation
  • Houstonia Magazine’s “Top Personal Injury Lawyers”
  • Texas Super Lawyers “Rising Star”
  • U.S. Inspector Generals’ Council’s “Top Financial Crimes Investigation”
  • “Legal Article of the Year,” Houston Bar Foundation
  • National Trial Competition, National Finalist
  • Order of the Coif, Virginia Chapter
  • Phi Beta Kappa National Honor Society
  • Sorrels Law Adds Litigation Muscle with Ex-Prosecutor, Law360 (April 20, 2023) (profiled) Read More…
  • Did Texas Rangers miss a key fact in probe of Lina Hidalgo’s office?, Houston Chronicle (April 3, 2022) (quoted)
  • Hidalgo Aides Are Accused of Steering a Contract to an Ally. Internal Communications Paint a Murkier Picture, Texas Monthly (March 29, 2022) (quoted)
  • Supreme Dilemma: Handling Conflicts Between State Medical Privacy Laws and Federal Investigative Subpoenas, 31 The ABA Health Lawyer 6 (Aug. 2019) (co-author)
  • Lessons in Due Diligence Seen in Case of Jailed Fraudster Whose History Hid in Plain Sight, Regulatory Compliance Watch (Dec. 3, 2018) (quoted)
  • Seeking Justice for Victims, UVA Lawyer (Spring 2018) (profiled)
  • Woman Who Ordered ‘Colombian Necktie’ Hit from Pinellas Jail Tells Judge She Has ‘Bad Judgment,’ Gets 65 More Years, Tampa Bay Times (Jan. 4, 2018) (quoted)
  • Case Study in International Money Laundering, Financial Crimes/Inspectors General Conference(Tampa, Aug. 2017) (speaker)
  • Emerging Trends in Securities Enforcement, Hillsborough Bar Assoc. (Tampa, April 2017) (speaker)
  • Effective Opening Statements, Goldberg Inn of Court (Tampa, Jan. 2017) (speaker)
  • The Benefits and Costs of the Joint Venture, 79 Texas Bar J. (Nov. 2016) (co-author)
  • Timely Disclosure Requirements of Texas’s RTP Statute, Texas Lawyer (Nov. 2, 2015) (co-author)
  • Joint Venturing the Case, 52 Houston Lawyer (July/Aug. 2015) (co-author)
  • Called to the Bar, 77 Texas Bar J. (July 2014) (author)
  • Address on Behalf of New Inductees, Texas Bar Induction Ceremony (Austin, June 2014) (speaker)
  • Waiting in the Wings? Assessing the Admissibility of Neuroimagery, 27 Dev. Mental Health L. 1 (2008) (author)
  • Prosecuting Opportunistic Hate Crimes, Anti-Defamation League (Boston, July 2008) (speaker)
  • Gerger, Hennessy & Martin (Partner)
  • Kessler Topaz Meltzer & Check (Partner)
  • U.S. Department of Justice (Assistant U.S. Attorney)
  • Abraham, Watkins, Nichols, Sorrels, Agosto & Aziz (Associate)
  • Hogan Lovells (Associate)
  • Manhattan District Attorney’s Office (Assistant District Attorney)

Randy is the past President of the Texas Association of Civil Trial and Appellate Specialists, and past Chair of the Fellows of the Texas Bar Foundation.  He has served as the President of the Houston Bar Association, President of the Houston Trial Lawyers Association, President of the Houston Trial Lawyers Foundation, Vice President of the Texas Trial Lawyers Association, Trustee of the Texas Bar Foundation, Director of the State Bar of Texas (two terms), Commissioner of the Equal Access to Justice Commission, Trustee of the Texas Supreme Court Historical Society, and is currently on the Board of Directors at South Texas College of Law Houston.

Randy started his legal career at Fulbright & Jaworski, where he represented doctors, hospitals, insurance companies, and businesses in the state of Texas who were accused of civil wrongdoing.  He graduated Magna Cum Laude from South Texas College of Law Houston in 1987, where he was on the Law Review and was a member of the nationally recognized Board of Advocates.  South Texas College of Law Houston has honored Randy with its highest honor— the Dean’s Medal, as well as its Public Service Award (the inaugural award).  South Texas College of Law Houston has renamed its legal clinics The Randall O. Sorrels Legal Clinics, which represents 15,000 square feet of new, state-of-the-art facilities to bring together clients with unmet legal needs and students who are eager to work with those clients under the direct supervision of their professors.  In 2018, South Texas College of Law Houston honored Randy with the Distinguished Alumni Award.

Prior to law school, Randy graduated Magna Cum Laude from Houston Baptist University— where he was recognized as an NCAA Academic All-American in 1984.  He attended HBU on a soccer scholarship, and the soccer field at the university now carries his name— Randall O. Sorrels Field.  While at school, he was recognized as the Outstanding Student in both Political Science and Speech Communications.  In the greatest honor, the university gives to alumni, Randy was named as HBU’s Outstanding Alumnus of the Year for 2009, and he continues to be involved in alumni events and meetings.

Randy is married to his law partner, Alex L. Farias-Sorrels, and considers her one of the smartest lawyers he knows.  He is also a father of five children and one granddaughter.  His oldest daughter is a teacher and helps with the Sorrels Law communications efforts.  His second daughter is a speech language pathologist in New York.  His twin son and daughter are law students at the University of Texas.  And his youngest son is in a Montessori program.

  • State Bar of Texas, 1984
  • United States Supreme Court
  • United States Court of Appeals, Fifth Circuit
  • United States Court of Appeals, Seventh Circuit
  • United States Court of Appeals, Ninth Circuit
  • United States Court of Appeals, Eleventh Circuit
  • United States Court of Appeals, Federal Circuit
  • United States District Court, Southern District of Texas
  • American Association for Justice
  • Houston Bar Association, Appellate Section Member
  • State Bar of Texas, Appellate Section Member
  • Texas Association of Board Certified Trial and Appellate Specialists
  • Texas Trial Lawyers Association

He has published numerous articles, including:

  • “False Claims Act Actions—The Developing Case Law Regarding If and When Opinions of Medical Necessity Can Be Fraudulent”, The Health Lawyer, April 2015.
  • “In BP Gulf Oil Spill Litigation, the District Court Decided Important Legal Questions that will Likely be Appealed, including the Standard for “Gross Negligence” and “Willful Misconduct” under the Clean Water Act and the Standard for Vicarious Liability for Punitive Damages under Maritime Law”, The Energy Newsletter, October 1, 2014.
  •  “New York’s Highest Court Holds that Zoning Laws of New York Towns Banning Fracking Are Enforceable — A Brief Analysis of the Oral Arguments and the Court’s Opinion”,Pratt’s Energy Law Report, September 2014.
  •  “New Silica Exposure Standard Likely to Impact Fracking”, Energy, Employment and Project Finance Law360, September 17, 2014.
  •  “New Trial Orders in Texas Now Subject to Appellate Review”, Texas and Appellate Law360, September 9, 2013.
  •  “Unsettled Questions of Texas Law—Claim for Exemplary Damages Against an Insured Employer for a Work-Related Death”, 53 South Texas Law Review 787, Summer 2012.
  •  “Cellphones can be perilous to employers,” Houston Business Journal, August 12, 2011.
  •  “Tortious Interference Arising from Filing or Threatening to File a Lawsuit: The Privilege Defense in Flux,” The Houston Lawyer; September/October, 2003.
  •  “The 1979 Amendments Revolutionized the Texas Statutes of Limitations. But it was Not Recognized Until Almost 11 Years Later,” Texas Bar Journal, Vol. 54, No. 4, April, 1991.
  • Served on the Board of the Texas Association of Civil Trial and Appellate Specialists.
  • Served as the President of the Houston Chapter of the Christian Legal Society.
  • Performed significant pro bono legal services for many clients who could not afford to pay an attorney.
  • Mentored underprivileged high school students through Breakthrough Houston.

He lives in Bellaire, Texas with his wife Carol, and has two adult children. He is an avid cyclist and consumer of political news. He and Carol are active members at Christ the King Presbyterian Church.