J. W. Beverly

Attorney / Shareholder

J.W. Beverly is a board-certified civil appellate lawyer who has supported clients with contracts, partnerships, patents, probates and more. His extensive trial practice has included commercial disputes, construction and real estate matters, insurance claims and representing defrauded investors. He has represented plaintiffs and defendants in environmental, telecommunications, construction, real estate, deed restriction, whistleblower, partnership dispute and collection case matters. J.W.’s experience includes successfully representing oil and gas producers in complex environmental contamination cases, contractors and owners in construction disputes, homeowners in construction defect cases and individual investors with investment claims against stockbrokers and brokerage firms.

Presentations and Published Writings

  • Co-Author with Michael B. Smith: “Recent Developments in the Primary Jurisdiction Doctrine,” State Bar of Texas Oil Gas, and Energy Resources Law Section Report, Vol. 26, No. 2 (December 2001).

Practice Areas

Commercial Litigation

Admitted to Practice

States:
State Bar of New Mexico
State Bar of Texas
United States District Courts:
District of New Mexico
Eastern District of Texas
Northern District of Texas
Southern District of Texas
Western District of Texas
United States Courts of Appeals:
Federal Circuit
Fifth Circuit
Other Admissions:
U.S. Court of Federal Claims

Education

University of Texas School of Law, J.D., with honors
University of Texas at Austin, B.A.

Recognition, Honors, and Achievements

Best Lawyers in America Selection, The Best Lawyers in America© (2024) – Appellate Practice

Representative Commercial Litigation Matters

  • Obtained a take nothing judgment against plaintiffs after trial for a company president accused of embezzling more than $7 million from a Texas company.
  • Obtained a $1 million judgment after trial for a general contractor who was not paid on a major commercial industrial project.
  • Obtained a judgment after a jury trial for a client against a supplier who delayed the client’s performance.
  • Obtained a judgment against a construction contractor who failed to perform as promised to the client.
  • Obtained a judgment after a bench trial for a concrete contractor who was not paid for work performed.
  • Negotiated a settlement for a contractor who was not paid for concrete construction work.
  • Negotiated favorable settlements for several homeowners in  construction defect cases.
  • Obtained a dismissal of claims for harassment, trespass, assault and intentional infliction of emotional distress asserted against a group of church members.
  • Negotiated a release in a suit to foreclose a mechanic’s and material men’s lien on a multi-million dollar project.
  • Obtained a trial court ruling that the client was a common-law spouse entitling her to survivor’s benefits.
  • Negotiated a take nothing settlement for a motel owner sued by a municipality for past-due hotel occupancy taxes.
  • Obtained, as co-counsel a $4.5 million jury verdict in a real estate fraud case.
  • Defended a motel owner accused of operating a public nuisance. The case was settled post-trial.
  • Represented a co-generation plant owner against a claim for overcharges.
  • Represented a distributor who was terminated by a European manufacturer.
  • Represented parents in a wrongful death action.
  • Obtained a settlement in the amount of twice the policy limits for a homeowner whose insurance company refused to pay after a fire destroyed her home claiming that the fire was intentionally set.
  • Represented  a client who had been discriminated against and underpaid on the basis of sex.
  • Obtained a policy limits settlement for a client injured in an automobile collision.
  • Obtained a judgment in a bench trial based on delay damages for a subcontractor against a general contractor who unreasonably delayed the client’s performance.

Other Representative Matters


Appellate
  • Obtaining a reversal and render of a trial court’s judgment that a mineral property lien against the client’s mineral property was valid.
  • Obtaining a reversal of a trial court judgment awarding $185,000 for the client’s breach of an executory contract to sell real property.
  • Successfully defending on appeal a federal district court’s dismissal of lawsuit for failure to state a claim upon which relief could be granted.
  • Obtaining a writ of mandamus from the Texas Supreme Court to reinstate his client as a candidate on a primary election ballot.
  • Obtaining a reversal from the Federal Circuit Court of Appeals of a trial court decision dismissing a correction of inventorship claim in a patent case based on a claim of laches.
  • Obtaining a reversal of a summary judgment against a widow based on a claim that she could not sue on behalf of her late husband to recover money due under a contract. This was a case of first impression interpreting the rights of surviving spouses under Texas law.
  • Successfully defending on appeal a trial court judgment against a claim that a new trial was improperly ordered and that the trial court lacked personal jurisdiction over the defendant
  • Successfully defending on appeal a trial court judgment after the grant of a new trial against a claim that the trial court judge should have been recused from granting a new trial.
  • Obtaining an appellate reversal of a trial court ruling that the City of Houston’s Comprehensive Urban Rehabilitation and Building Standards were unconstitutional and overturning a $340,000 verdict against the City.
  • Obtaining an appellate ruling that a property owner had not waived trial court review of the appraisal district’s excessive ad valorem tax appraisal.
  • Successfully defending on appeal a judgment ordering the partition by sale of several multi-million dollar commercial properties.
  • Successfully obtaining an appellate ruling affirming a trial court summary judgment against a property owner’s association that sued the developer for violation of deed restrictions.
  • Successfully obtaining an appellate ruling affirming a trial court judgment that the defendant’s employee had apparent authority to execute the contract.
  • Obtaining an appellate reversal of the trial court’s dismissal, based on the ecclesiastical doctrine, of a client’s suit seeking inspection of the books and records of his church under the inspection rights provision of the Texas Non-Profit Corporation Act. This was a case of first impression in Texas.
  • Successfully defending on appeal a trial court order denying a motion to dismiss for lack of personal jurisdiction in a dispute between cell phone service providers.

Defrauded Investor Rep
  • Obtained a $30,000 settlement for a client whose broker placed his retirement funds in unsuitable investments.
  • Obtained a $35,000 settlement for a client whose broker induced him into questionable transactions.
  • Obtained a $550,000 recovery for a client defrauded by his stockbroker through an extensive churning scheme that placed the client’s retirement funds in unsuitable investments and generated excessive commissions for the broker.
  • Obtained a $300,000 settlement for a client whose stockbroker engaged in churning, made unauthorized investments and placed the client in unsuitable investments.
  • Negotiated a $250,000 settlement prior to filing an arbitration claim for a client whose stockbroker engaged in churning, and unauthorized trading.
  • Negotiated a $150,000 settlement prior to filing an arbitration claim for a client whose stockbroker placed the client in unsuitable investments and generated excessive commissions through churning of the account.
  • Obtained a $135,000 judgment against an unregistered investment advisor who lost all of the client’s funds.
  • Obtained a $100,000 settlement for the estate of a client who passed away before arbitration based on claims for unsuitable investments and churning.
  • Obtained a $100,000 recovery for a client whose stockbroker encouraged excessive margin balances and placed the majority of the client’s account in one speculative stock.
  • Obtained a $75,000 settlement for a client whose stockbroker engaged in unauthorized trading and churning.