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Robert A. Plessala

Robert A. Plessala

Senior Counsel
Location:
Houston, Texas
Phone:
888-566-7853
713-581-8289
Fax:
713-850-4211

For over 24 years, Bob Plessala has concentrated his practice in the area of trials and appeals. He has represented private and publicly traded corporations, public and private limited partnerships, general partnerships, banks, school districts and individuals. Bob has dealt with a variety of issues including state and federal security laws, deceptive trade practices, fraud, breach of contract, breach of fiduciary duty, shareholder suits, construction claims, partnership disputes, civil conspiracy, tortious inference and claims involving State and Federal constitutional issues.

Bob has handled, tried and/or appealed a wide variety of commercial cases in state and federal courts in Texas as well as 12 other jurisdictions. He has also argued appeals before the Fifth Circuit, the Supreme Courts of Texas, Oklahoma and Georgia, and various Texas Courts of Appeals. Of the 60 appeals he has handled, 30 have resulted in published and reported decisions.

Representative Experience:

  • 2007 - Obtained decision from the Court of Appeals on the scope of damages available to a contractor from a municipality under the new limited waiver of governmental immunity statute.
  • 2006 - Represented National Bank to verdict in a multi-million dollar state securities fraud action alleging the bank aided and abetted violator’s theft over $21 million dollars through wiring transactions from investment accounts.
  • 2006 - Represented contractor through the Texas Supreme Court in action against a municipality involving the defense of governmental immunity from suit for breach of contract.
  • 2005 - Represented distributor/supplier to verdict in two multi-million dollar products liability actions involving the alleged defective design of the exterior insulated finish systems (EIFS).
  • 2004 - Represented general contractor against subcontractor in an appeal involving the construction and interpretation of an indemnity agreement under the express negligence doctrine.
  • 2003 - Represented subcontractor in breach of contract litigation against steel supplier for non-delivery for lack of material during steel shortage involving the issue of impossibility of performance.
  • 2000 - Represented general contractor in arbitration against subcontractor over contract to rehabilitate the building envelopes of 21 schools in the Dallas Independent School District.
  • 1998 - Represented contractor in action against municipality challenging the competitive bidding process in a proposed $35 million renovation and rehabilitation project.
  • 1997 - Represented contractor in a breach of contract action against a state university through the Texas Supreme Court which resulted in the landmark decision (Federal Sign v. TSU) on the subject of the State’s immunity from suit in breach of contract actions.

Areas of Practice

  • Trial and Appeal

Bar Admissions

  • Texas, 1983
  • U.S. District Court Southern District of Texas
  • U.S. District Court Northern District of Texas
  • U.S. District Court Eastern District of Texas
  • U.S. Court of Appeals 5th Circuit

Education

  • Texas Tech University School of Law, Lubbock, Texas
    • J.D. - 1983
  • Texas Tech University, Lubbock, Texas
    • B.A. - 1980
    • Major: History
    • Major: English

Published Works

  • "A Review of the Impossibility or Impracticability Defense in Texas", Construction Law Journal, Vol. 2, No. 25, Winter, 2004
  • "Terminating a Subcontractor", 16th Annual Construction Law Conference, State Bar, 2003
  • "Federal Sign v. TSU, The King Can Still Do No Wrong", Construction Law Newsletter, State Bar, Fall, 1997
  • Proof Requirements for Overhead Damages", 10th Annual Construction Law Conference, State Bar, 1997
  • "The Economic Loss Rule", 10th Annual Construction Law Conference, State Bar, 1997

Classes/Seminars

  • "Terminating a Subcontractor", 16th Annual Construction Law Conference, State Bar, 2003
  • "Proof Requirements for Overhead Damages", 10th Annual Construction Law Conference, State Bar, 1997
  • "The Economic Loss Rule", 10th Annual Construction Law Conference, State Bar, 1997

Professional Associations and Memberships

  • American Bar Association, Member
  • Houston Bar Association, Member
  • Texas Association of School Boards, Council of School Attorneys
  • State Bar of Texas, Member

Fraternities/Sororities

  • Beta Theta Pi
  • Delta Theta Phi