Andrew J. Upton

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Andrew J. Upton Attorney


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Andrew Upton provides efficient and effective representation in trial and appellate courts. He joined Mayer LLP after serving as a judicial law clerk and briefing attorney for the Hon. Senior Chief Justice Jim R. Wright and Hon. Chief Justice John M. Bailey of the Eleventh District Court of Appeals of Texas. Andrew has experience representing individual clients and companies in commercial and construction disputes, personal injury defense, premises liability, products liability, landlord-tenant matters. He also advises clients on pre-litigation issues, litigation avoidance, and insurance coverage opinions.

In addition to his trial court practice, Andrew maintains an active practice as a member of the firm’s Appellate section, where he has represented clients in several of the Texas intermediate courts of appeals and the United States Court of Appeals for the Fifth Circuit. Drawing on his knowledge as a former appellate clerk and his litigation experience, Andrew advances his clients’ interests through persuasive legal arguments. He is also frequently called to assist other litigators in preparing dispositive motions, trial briefs, and expert-related motions.

 He won his first trial while still in law school as a student attorney in SMU’s Civil Clinic. As part of SMU’s Board of Advocates, he excelled in intramural and interscholastic advocacy competitions, earning both individual and team distinctions. Due to his success as an advocate, he was inducted into the National Order of Barristers. At SMU, Andrew was also on the SMU Law Review and served as a research assistant to one of his professors. As a member of SMU’s Corporate Counsel Externship Program, Andrew worked in a Fortune 500 company’s Office of the General Counsel, where he gained insight into tailoring a corporate client’s legal representation to its specific business and goals.

Services

  • Litigation

Education

  • Southern Methodist University Dedman School of Law, J.D., cum laude, 2018
  • Texas Christian University, B.S. in Political Science, Minors in Business and Communication, summa cum laude, Honors College Laureate with University & Departmental Honors, 2015

Admissions

  • State Bar of Texas, 2018
  • United States Court of Appeals for the Fifth Circuit
  • United States Court of Appeals for the Eighth Circuit
  • United States Court of Appeals for the Tenth Circuit
  • United States District Court for the Eastern District of Texas
  • United States District Court for the Northern District of Texas
  • United States District Court for the Southern District of Texas
  • United States District Court for the Western District of Texas
  • United States District Court for the Western District of Arkansas

Distinctions & Certifications

  • Texas Bar College, Member
  • The Order of Barristers
  • Journal of Air Law and Commerce Best Comment Award
  • Wayne Vines Memorial Scholarship for Aviation Safety Award Recipient
  • SMU Board of Advocates Officer of the Year, 2017
  • State Bar of Texas Law Student Pro Bono College

Representative Experience

  • Successfully defended summary judgment in favor of elevator company in negligence and premises liability dispute on appeal to Houston First Court of Appeals. Michelle Hudson v. Memorial Hospital System, Memorial Hermann Health System, ThyssenKrupp Elevator Corporation, and C.B. Richard Ellis, Inc., No. 01-19-00300-CV, 2021 WL 1414283 (Tex. App.—Houston [1st Dist.] Apr. 15, 2021, no pet. h.).
  • Part of briefing team defending appeal of multimillion-dollar default judgment in favor of firm client, ending in a favorable settlement to client prior to oral argument.
  • Successfully defended dismissal of plaintiff’s claims in negligence dispute on behalf of national retailer on appeal to the United States Court of Appeals for the Fifth Circuit. Torres v. Lowe's Home Centers, L.L.C., 832 F. App’x 350 (5th Cir. 2021) (per curiam).
  • Successfully briefed motion for summary judgment resulting in dismissal of the plaintiffs’ claims for general negligence, negligent hiring, training, and retention, breach of contract, DTPA violations, misrepresentation, gross negligence and exemplary damages, and attorneys’ fees against a security company in premises liability case stemming from a battery committed by third parties.
  • Obtained summary judgment dismissing all claims with prejudice against a national restaurant chain in a premises liability case.
  • Successfully defended summary judgment in favor of restaurant in premises liability dispute on appeal to San Antonio 4th Court of Appeals. Padilla v. Red Lobster Hosp., LLC, No. 04-19-00539-CV, 2020 WL 2441422 (Tex. App.—San Antonio May 13, 2020, no pet.).
  • Obtained summary judgment dismissing all claims with prejudice against a national apartment complex management company in a premises liability case.
  • Lead counsel in breach of contract and retaliatory eviction bench trial in County Court, securing verdict that effectively tripled client’s original award in justice court.

Professional Activities

  • Dallas Bar Association
  • Dallas Association of Young Lawyers
  • SMU Dedman School of Law Mustang Exchange, Mentor
  • Bar Association of the Fifth Federal Circuit
  • Dallas Association of Young Lawyers Leadership Class, 2021

Publications & Speeches

  • Andrew J. Upton, Comment, Air Ambulance Reform – Why Congress Should Exempt Air Ambulances From “Carrier” Classification and Preemption Under the Airline Deregulation Act, 82 J. AIR L. & COM. 431 (2017).
  • President Jorge Serrano Elías, Guatemala Held Hostage: Reflections from a President in Exile (Andrew Upton ed., Estela Price trans., Academia Editorial 2014) (English version of La Guayaba Tiene Dueño).
  • Author, Litigation Alert, Texas Legislature Expands Scope of Statute Permitting Recovery of Attorney’s Fees (CPRC 38.001), June 2021.
  • Author, Litigation Alert, Texas Supreme Court Rules Trial Courts Must Allow Discovery of Relevant Medical Expense Rates – Summary of In re K&L Auto Crushers, June 2021.
  • Author, Litigation Alert, Texas Supreme Court Clarifies Section 18.001 Counteraffidavit Standards - Summary of In re Allstate Indemnity Co., May 2021.
  • Co-Author, “Be an Expert on Experts: An Overview of Best Practices for Young Attorneys on Expert Witnesses,” Dallas Association of Young Lawyers’ March 2021 Substantive Article.
  • Co-Author, “Texas Supreme Court Approves Changes to Texas Rules of Civil Procedure,” The Brief, published by Capital Area Paralegals Association, January 2021.
  • Co-Author, “Recent Changes to Texas Rules of Civil Procedure,” published by Dallas Bar Association Headnotes, November 2020.
  • Author, Litigation Alert, Impact of COVID-19 on Service of Process, September 2020.
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