Profile:
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.
Affiliations:
State Bar of Texas
Houston Bar Association
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.
Publications/Presentations:
“A Review of the Impossibility or Impracticability Defense in Texas,” Vol.
2, No. 25, Construction Law Journal, 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 |
