- The University of Texas School of Law, J.D., 1998, Order of the Coif, Article Editor of Texas Law Review
- Georgetown University, B.S., 1992, Foreign Service, cum laude, with concentration in international politics
- United States Court of Appeals Fifth Circuit Texas
- United States District Court Northern, Southern, Western and Eastern Districts of Texas
- Texas, 1998
700 North Pearl Street
Twenty-Fifth Floor - Plaza of the Americas
Dallas, Texas 75201
214-871-8219 direct | 214-871-8209 fax
Gino’s practice is devoted primarily to handling post-trial and appellate matters in state and federal courts, as well as providing related support at all stages of litigation including default judgments, dispositive motions, jury charges, and judgment formation.
Gino is Board Certified in Civil Appellate Law by the Texas Board of Legal Specialization and has been named a “Super Lawyer” in the area of appellate law by Law & Politics magazine.
- Lead appellate counsel representing Defendant product manufacturer on seven related appeals of orders denying motions to compel arbitration, practicing before Texas’ First, Second, Fifth, Seventh, and Ninth Courts of Appeals and including three Petitions for Review pending before the Texas Supreme Court. See, e.g., Watts Regulator Co. v. Texas Farmers Ins. Co. a/s/o David Martinez, No. 02-16-00025-CV, 2016 WL 3569423 (Tex. App.—Fort Worth June 30, 2016, pet. filed, Case No. 16-0605); Watts Regulator Co. v. Texas Farmers Ins. Co. a/s/o Kadrey Semo, No. 02-16-00039-CV, 2016 WL 3569423 (Tex. App.—Fort Worth June 30, 2016, pet. filed, Case No. 16-0606); Watts Regulator Co. v. Foremost County Mut. Ins. Co. a/s/o Kevin McCann, No. 09-16-00033-CV, 2016 WL 4045502 (Tex. App.—Beaumont July 28, 2016, pet. for review filed, Case No. 16-0707).
- Represented Defendant/Appellee residential health care facility in a negligence action, successfully contending that Plaintiff’s cause of action was a health care liability claim and obtaining affirmance of dismissal based on Plaintiff’s failure to provide an expert report. Bain v. Capital Senior Living Corp., Case No. 05-14-00255-CV, 2015 WL 3958714 (Tex. App.—Dallas June 30, 2015, pet. denied).
- Lead appellate counsel representing Defendant/Appellee restaurant on successful appeal of a take-nothing summary judgment on Plaintiff’s Dram Shop Act claim; matter pending following full briefing and oral argument. Faircloth v. Borderlands, a Southwest Grill, Inc. et al., Case No. 11-14-00239-CV, Eleventh Court of Appeals, Eastland, Texas.
- Drafted and argued Defendant’s proposed jury charge, drafted objections to the Plaintiff’s and Court’s jury charges, drafted trial briefs, and drafted the directed verdict in a personal injury premises liability matter; case settled post-verdict and pre-judgment. Clayton v. Friends of Fair Park, Inc. et al., Cause No. CC-13-00016-B; County Court at Law No. 2, Dallas Co., Texas.
- Drafted Defendant’s proposed jury charge, objections to the Plaintiff’s and Court’s jury charges, and trial briefs in a wrongful death case involving an automobile accident; case settled at the eve of trial. Bates et al. v. APAC-Texas, Inc., et al., Cause No. DC-14-01404, 298th District Court, Dallas Co., Texas.
Successfully represented a truck owner and operator in a mandamus proceeding to transfer venue by applying the Texas Tort Claims Act’s mandatory venue provision when the truck owner and operator were not governmental entities but a co-defendant was. In re Hubbard, No. 05-14-00608-CV, 2014 WL 4090131 (Tex. App.—Dallas Aug. 19, 2014), mandamus denied (Oct. 10, 2014).
Successfully represented a hospital district in a medical liability case on appeal of a plea to the jurisdiction based on governmental immunity, where immunity from suit was not waived by the Texas Tort Claims Act. Cervantes v. McKellar, 424 S.W.3d 226 (Tex. App.—Texarkana 2014, no pet.).
Successfully represented mortgage lenders on summary judgment and appeal dismissing various lender-liability claims brought by the homeowner. Flores v. Deutsche Bank Nat. Trust Co., No. 02-12-00033-CV, 2014 WL 4109645 (Tex. App.—Fort Worth Aug. 21, 2014, no pet.).
Successfully represented relator insurer and insurance agent in a mandamus proceeding compelling enforcement of an insurance-policy appraisal clause. In re Public Service Mutual Ins. Co., No. 03-13-3-CV, 2013 WL 692441 (Tex. App.―Austin Feb 21, 2013, no pet.).
Successfully represented mortgage lender on summary judgment and appeal dismissing the plaintiff’s lender liability claims associated with a property foreclosure. Montgomery v. Wells Fargo Bank, N.A., 459 Fed. App’x 424 (5th Cir. 2012).
Professional and Community Activities
- The Pines Catholic Camp, Big Sandy, Texas - Board Member (2014-present), Board Vice President (2016)
- Coppell Education Foundation, Coppell, Texas - Board Member (2014-2016)
- Coppell Independent School District, Coppell, Texas - Facilities Visioning Committee Member (2015), Pinnacle 2020 Member (2014-2015)
- Housing Crisis Center, Dallas, Texas - Board President (2008-2009), Executive Committee (2004-2010), Board Member (2003-2012)
- St. Thomas More Society, Dallas, Texas - Member (1999-present)
- Eagle Scout
- Member, State Bar of Texas, Appellate Law Section
- Member, Dallas Bar Association, Appellate Law Section
Speeches and Presentations
- 2017, Hermes Law CE: Dram Shop Liability
- 2012, Hermes Sargent Bates CLE: Do You Have and Appealable Texas Order or Judgment?
- 2011 State Bar Appellate Section-Corporate Counsel Seminar, CLE: Role of Appellate Counsel Outside the Appeal: Case Evaluation, Motions Practice, Error Preservation and the Jury Charge
- 2005 DRI Asbestos Medicine Seminar, CLE: Daubert—Today Versus Yesterday