Biography

Gino Rossini specializes in civil appeals in Texas State and Federal courts. Gino has built a practice that includes appeals and original proceedings, as well as serving as trial-appellate counsel on pretrial matters, representation at trial, and handling post-verdict and post-judgment motions. His practice also includes class-action representation at the trial level in Federal District Courts within the Fifth and Eleventh Circuits.

Gino is Board Certified in Civil Appellate Law by the Texas Board of Legal Specialization, and has been named to the “Super Lawyer” list by Thompson Reuters in the area of civil appellate law.

Representative Experience

  • On appeal, successfully represented ERISA plan in a life-insurance coverage dispute.
    LeBron v. National Union Fire Ins. Co., Case No. 20-20165, 849 Fed. App’x 484 (5th Cir. Apr. 13, 2021)
  • On appeal, successfully represented condominium owners’ association in a dispute with certain owners regarding operation of a rental pool.
    Bargnesi v. Pelican Condo. Counsel of Co-Owners Ass’n, Inc., 13-19-00613-CV, 2021 WL 3556668 (Tex. App.—Corpus Christi Aug. 12, 2021, no pet. h.)
  • On appeal, represented assisted living community in enforcing an arbitration agreement regarding a personal-injury dispute; the matter settled on appeal with an agreed motion to arbitrate filed in the trial court.
    CSL S Longview, LLC v. Walling as Next Friend of Walling, 06-21-00033-CV, 2021 WL 3669605, at *1 (Tex. App.—Texarkana Aug. 19, 2021, no pet. h.)
  • In the trial court, successfully moved to set aside default judgment in a catastrophic personal-injury suit.
    Wright v. Horace, Cause No. 067-321878-20, In the District Court of Tarrant Co., Judicial District, February 2021
  • As trial-appellate counsel, prepared pretrial briefing, Defendant’s proposed jury charge, and Defendant’s charge objections in an oilfield-services dispute.
    McBride Operating, L.L.C. v. East Texas Oilfield Prod. Servs., Inc., Cause No. 2018-175, In the District Court of Rusk County, Texas, 4th Judicial District, October 2019
  • As trial-appellate counsel, attended trial and argued Defendant’s proposed jury charge and charge objections in a personal-injury product liability matter; defense verdict and take-nothing judgment.
    Kevin Bowden v. Center Country Club, Inc., Cause No. 342-288728-16, In the District Court of Tarrant County, Texas, 342nd Judicial District, March 2019
  • As trial-appellate counsel, prepared pretrial briefing, Defendant’s proposed jury charge, and Defendant’s charge objections in a commercial insurance coverage dispute; settlement post-verdict.
    Altona, Inc. v. Covington Specialty Ins. Co., Cause No. DC-15-06278, In the District Court of Dallas County, Texas, 160th Judicial District, February 2019

Education

  • The University of Texas School of Law  (J.D., 1998)
    • Order of the Coif
    • Texas Law Review, Articles Editor
    • Internship - Justice Raul A. Gonzalez, Jr., Supreme Court of Texas
  • Georgetown University  (B.A., cum laude, 1992)
    • Thomas J. Watson Scholar
    • School of Foreign Service
    • concentration in International Politics

Bar Admissions

  • Texas, 1998

Court Admissions

  • United States Court of Appeals, Fifth Circuit
  • United States District Court, Northern District of Texas
  • United States District Court, Southern District of Texas
  • United States District Court, Eastern District of Texas
  • United States District Court, Western District of Texas

Professional and Community Activities

  • Member, State Bar of Texas, Appellate Law Section
  • Member, Dallas Bar Association, Appellate Law Section
  • Great Hearts Irving, Academy Advisory Council - Member (2016-present)
  • The Pines Catholic Camp, Big Sandy, Texas - Board Member (2014-present)
  • College of the State Bar of Texas
  • 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

Speeches and Presentations

  • Thompson Coe CE/CLE: Texas Supreme Court and Fifth Circuit Update (with M. Kolodoski), 2021
  • Thompson Coe CE/CLE: Changes to the Texas Rules of Civil Procedures (with R. Higgins), 2021
  • Thompson Coe CE/CLE: Update on Storm Litigation: Hurricane Harvey and Chapter 542A, and Current Challenges to the Appraisal Process (with R. Higgins), 2019
  • Dallas Bar Association TIPS CLE: An Update On Texas Insurance Code Chapter 542A, 2019
  • Thompson Coe CE: First Party Insurance Claims in Federal Court, 2019
  • Thompson Coe CE/CLE: What Will Be Different with Hurricane Harvey? (with R. Higgins), 2018
  • Hermes Law CE: Dram Shop Liability, 2017
  • Hermes Sargent Bates CLE: Do You Have and Appealable Texas Order or Judgment?, 2012
  • 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, 2011
  • DRI Asbestos Medicine Seminar, CLE: Daubert—Today Versus Yesterday, 2005

Professional Recognition

  • Board Certified, Civil Appellate Law, Texas Board of Legal Specialization
  • Texas Super Lawyers list by Thompson Reuters
    • Appellate, Civil Litigation: Defense; 2017-2021

Additional Representative Experience

  • In the District Court and on appeal, successfully removed homeowner’s insurance claim with dismissal of the non-diverse party joined to defeat diversity jurisdiction.
    Mauldin v. Allstate Ins. Co., 757 Fed. App’x 304 (5th Cir. 2018)
  • As trial-appellate counsel, attended trial and argued Defendant’s proposed jury charge and charge objections in an insurance coverage dispute concerning handling of a homeowner’s claim of hail damage to a metal roof; defense verdict and take-nothing judgment.
    Dragoo v. Allstate Vehicle & Prop. Ins. Co., Case No. 4:16-CV-984-O, U.S. District Court, N.D. Texas, Sept. 18, 2018
  • Post-judgment, drafted and argued Defendant/Garnishee’s successful Motion to Set Aside Default Judgment and for New Trial following entry of large-dollar pre-answer default judgment.
    The Sparkman Living Trust v. Scottrade, Inc., Cause No. 2017DCV-5409-E, In the District Court of Nueces County, Texas, 148th Judicial District, June 5, 2018
  • On appeal, successfully represented Defendant/Appellee in a commercial dispute concerning alleged misrepresentations about construction materials; appeal dismissed post-briefing.
    Pelletier v. Weyerhaeuser Co., Case No. 18-40397, 2018 WL 5291939 (5th Cir. Oct. 1, 2018)
  • Post-judgment, represented Defendant after an adverse jury verdict and judgment, drafted Motion for New Trial and successfully negotiated settlement.
    Harmon v. Tull, Cause No. C2016197, In the District Court of Hood County, Texas, 355th Judicial District, November 2018
  • On appeal, represented Defendant/Appellee restaurant on successful appeal of a take-nothing summary judgment on Plaintiff’s Dram Shop Act claim; judgment in favor of Defendant/Appellee affirmed after briefing and oral argument.
    Faircloth v. Borderlands, Case No. 11-14-00239-CV, 2017 WL 3923669 (Tex. App.—Eastland Aug. 31, 2017, pet. denied)
  • On appeal, represented 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 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).
  • On appeal, represented Defendant/Appellee residential health care facility in a catastrophic personal-injury negligence action, successfully contending that Plaintiff’s cause of action was a health care liability claim and obtaining affirmance of dismissal.
    Bain v. Capital Senior Living Corp., Case No. 05-14-00255-CV, 2015 WL 3958714 (Tex. App.—Dallas June 30, 2015, pet. denied)
  • On original proceeding, represented a truck owner and operator in a successful mandamus 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)
  • On appeal, represented a hospital district on a successful plea to the jurisdiction in a medical-liability action.
    Cervantes v. McKellar, 424 S.W.3d 226 (Tex. App.—Texarkana 2014, no pet.)
  • On original proceeding, represented relator insurer and insurance agent in a successful mandamus 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.)