Shawn M. McCaskill
Bruce W. Bowman, JR.
September 30, 2019
Donald E. Godwin
September 30, 2019
Shawn M. McCaskill
- Banking and Financial Institution Litigation
- Civil Appellate
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Fax:
(214) 527-3165
Board Certified Appellate attorney Shawn McCaskill practices in the Appellate Section at Godwin Bowman PC and has experience with litigation support, appeals and original proceedings in business contracts and torts, insurance coverage, medical malpractice, product liability and premises liability cases in state and federal courts. On April 22, 2013, Shawn prevailed on a petition for writ of mandamus to the Second District Court of Appeals in Fort Worth on behalf of Alisa Rich, in a case styled In re Lipsky (No. 02-12- 00348-CV), involving the Texas Citizens Participation Act (also known as the Texas Anti-SLAPP Act), and obtained a dismissal of all claims against his client. In an opinion issued on April 24, 2015, the Supreme Court of Texas upheld that decision and the dismissal of all claims against his client (No. 13-0928).
Shawn McCaskill was a part of the Mission Critical Litigation team that secured a defense victory in a non-competition/non-solicitation agreement case brought against their clients by an international multi-billion dollar building conglomerate, which was seeking more than $40 million in compensatory damages, in addition to punitive damages and attorney’s fees. The two-week jury trial was presided over by the Honorable Judge Maricela Moore in the 162nd Judicial District Court and was one of the first complex commercial litigation jury trials to commence in-person in Dallas County since the beginning of the Covid-19 pandemic, which began in March 2020.
In 2020, Shawn successfully filed a petition for writ of mandamus in the Fifth District Court of Appeals, in In re Fischer, No. 05-20-00278-CV (Tex. App.—Dallas Aug. 11, 2020, orig. proceeding) (mem. op.), involving plea in abatement and plea to the jurisdiction issues.
In 2012, Shawn prevailed on 2 petitions for review granted by the Texas Supreme Court in Cruz v. Andrews Restoration, Inc., no.10- 0995 (Tex. April 20, 2012) and obtained a judgment of $1,081,836.10 for his client, Andrews Restoration, Inc., in a breach of contract case that also involved statute of frauds and DTPA restoration of consideration issues. In a decision issued in 2006, the Texas Supreme Court granted a petition for review filed by Shawn as lead counsel in the Fidelity & Guaranty Insurance Co. v. Drewery Construction Co., Inc., 186 S.W.3d 571 (Tex. 2006) case, and reversed an adverse default judgment in a construction payment bond case. In 2004, Shawn was lead counsel in a successful petition for review to the Texas Supreme Court in the M.O. Dental Lab v. Rape, 139 S.W.3d 671 (Tex. 2004) case, which involved premises liability and summary judgment finality issues.
Shawn served as the Briefing Attorney for the Honorable Justice Tom James of the Fifth District Court of Appeals for the State of Texas at Dallas from 1998-1999. He received a J.D. from St. Mary’s University School of Law in 1998 and was a member of the St Mary’s Law Journal Editorial Board.
Within the firm, Mr. McCaskill chairs the Opinion and Audit Committee, and is a member of the Conflicts & Ethics Committee, the Judicial Campaign Committee and the Library Committee.
Reflecting the excellence of his practice, he has been selected nine times to the list of Thomson Reuters’ Texas Super Lawyers, twice to D Magazine’s Best Lawyers in Dallas, five times to Thomson Reuters’ Texas Rising Stars and has achieved a 10.0 rating from AVVO, its highest attorney rating. He is board certified in civil appellate law by the Texas Board of Legal Specialization. In 2015, Shawn was elected to the City Council of the City of Southlake, Texas. He is serving his second term, and currently serves as Deputy Mayor Pro Tem.
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REPRESENTATIVE EXPERIENCE
Appellate
- Lead appellate counsel in prevailing upon 2 petitions for review granted in Cruz v. Andrews Restoration, Inc., No. 10-0995 (Tex. April 20, 2012) and obtained a net judgment of $1,081,836.10 for his client, Andrews Restoration, Inc., in a breach of contract case that also involved statute of frauds and DTPA restoration of consideration issues.
- A Petition for Writ of Mandamus filed by Shawn M. McCaskill in In re Tecore, Inc., No. 05-12-00537-CV, 2012 WL 2512714 (Tex. App. – Dallas June 29, 2012, orig. proceeding) was granted by the Fifth District Court of Appeals at Dallas, Texas on June 29, 2012, which involved a party’s right to take a nonsuit even when a trial court had previously ordered a stay of the case.
- Petition for Writ of Mandamus granted by the First District Court of Appeals at Houston from an order compelling production of documents in In re Halliburton Energy Services, Inc., No. 01-11-00358-CV (Tex. App.–Houston [1st Dist.] Oct. 4, 2011).
- Motion for Judgment as a Matter of Law granted by the U.S. District Court for the Northern District of Texas on March 7, 2011, following an adverse jury verdict in a Family and Medical Leave Act case in Johnson v. Dallas Independent School District, Civil Action No. 3:08-CV-2215-O
- Counsel in a successful response to a petition for writ of mandamus filed in the Fifth Circuit Court of Appeals in In re American Gateway Bank, No. 10-10932 involving a motion to transfer venue.
- Lead counsel in a successful petition for review to the Texas Supreme Court in the case Fidelity & Guaranty Insurance Co. v. Drewery Construction Co., Inc., which reversed an adverse default judgment in a construction payment bond case against our client (186 S.W.3d 571, Tex. 2006)
- Lead appellate counsel in a successful appeal in Martin v. Birenbaum, involving a reversal of an adverse JNOV in a breach of a residential real estate sales contract case in the Fifth District Court of Appeals at Dallas (193 S.W.3d 677, Tex. App.–Dallas 2006, pet. denied)
- Lead appellate counsel in Syx v. LTG Vegan Ltd., where the Fifth District Court of Appeals at Dallas affirmed a declaratory judgment in a residential real estate development restrictive covenants case (No. 05-05-00854-CV, pet. denied)
- Lead appellate counsel in DASS, Inc. v. Benjie Smith d/b/a Oak Cliff Metals, where the Fifth District Court of Appeals at Dallas affirmed a temporary injunction in an accelerated appeal involving alleged breaches of contracts for the sale of land and equipment (No. 05-06-00418-CV, Nov. 7, 2006, no pet.)
- Co-counsel in a recent win in the Caraustar Industries, Inc. v. Elcor Corp. case, where the Eleventh District Court of Appeals at Eastland affirmed a summary judgment granted in favor of Elcor in a contractual indemnity case (No. 11-04-00245-CV, 2006 WL 62004, Tex. App.—Eastland Jan. 12, 2006, no pet.)
- Lead counsel in a successful petition for review to the Texas Supreme Court in the case M.O. Dental Lab v. Rape involving premises liability and summary judgment finality issues (139 S.W.3d 671, Tex. 2004)
- Counsel in a successful reversal on appeal in Dresser Industries, Inc. v. Underwriters at Lloyd’s, London involving a multi-million dollar insurance coverage dispute, (106 S.W.3d 767, Tex. App.—Texarkana 2003, pet. denied)
- Lead counsel in a successful appeal in Allstate Indemnity Co. v. Menix, a case involving Texas Insurance Code provisions, UM/UIM insurance policy, prejudgment interest, and attorney’s fees (83 S.W.3d 877, Tex. App.—Eastland 2002, pet. denied)/listitem>
- Lead counsel in successful appeal in McIntyre v. Wilson, involving legal malpractice claim and absolute privilege from civil liability for witness statements and testimony during judicial proceedings (50 S.W.3d 674, Tex. App.—Dallas 2001, pet. denied)
- Additional appeals in Fifth Circuit Court of Appeals and Texas state courts of appeals for the 1st (Houston), 2nd (Fort Worth), 5th (Dallas), 6th (Texarkana), 11th (Eastland), 12th (Tyler), 13th (Corpus Christi), and 14th (Houston) districts
PRESENTATIONS & PUBLICATIONS
- Jury Charge Practice in Texas State Courts, Presented to Dallas Bar Association, July 9, 2004, and Grand Prairie Bar Association, Nov. 18, 2004
- Co-author, Dealing with Default Judgments, St. Mary’s Law Journal, Volume 35, 2003
- Co-author, Celotex Comes to Texas: No Evidence Summary Judgments and Other Recent Developments in Summary Judgment Practice, Texas Tech Law Review, Volume 32, 2000
- Mandamus in Texas State Courts; Rules, Realities and Recent Developments, State Bar of Texas Civil Appellate Practice Course “Boot Camp” 2006
HONORS & AWARDS
- 5-time selection for inclusion among The Best Lawyers in America®, 2021-2025
- Lawdragon 500 Leading Litigators in America, 2023-2025
- 11-time selection to the list of Thomson Reuters’ Texas Super Lawyers, 2014-2024
- 5-time selection to the list of Thomson Reuters’ “Texas Rising Stars” 2007-2011
- 3-time selection as one of the “Best Lawyers in Dallas” by D Magazine, 2014, 2017, 2019
- Fellow of the Dallas Bar Foundation
- President’s Volunteer Service Award, 2015
- “Superb” 10-rating by AVVO.com
ADMITTED PRACTICE
- State Courts of Texas
- Supreme Court of Texas
- Supreme Court of the United States
- U.S. Court of Appeals for the Fifth Circuit
- U.S. Court of Appeals for the Federal Circuit
- U.S. District Courts for the Northern, Southern, and Eastern Districts of Texas
MEMBER
- Dallas Association of Young Lawyers
- Dallas Bar Association
- State Bar of Texas
- City of Southlake City Council, 2015-2018
- City of Southlake Zoning Board of Adjustment, 2010-2013
- City of Southlake Planning and Zoning Commission, 2013-2015
- City of Southlake Deputy Mayor Pro Tem, 2016-2017
- Arlington Career Institute Program Advisory Committee, 2010-present
EDUCATION
- Board Certified, Civil Appellate, Texas Board of Legal Specialization
- Briefing Attorney for the Honorable Justice Tom James, Fifth District Court of Appeals for the State of Texas at Dallas (1998-1999)
- St. Mary’s University School of Law (J.D., 1998)
- St. Mary’s Law Journal Editorial Board Member, 1997-1998
- University of Innsbruck (Austria) Institute on World Legal Problems, 1996
- University of Western Ontario (B.A., 1993)
