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Gerard T. Fazio

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Practice Areas

  • Insurance Litigation
  • Mediation & Alternative Dispute Resolution
  • Medical Malpractice Defense
  • Premises Liability
  • Products Liability Defense
  • Professional Liability Defense
  • Trucking & Auto Accident Defense
  • Work Injury Litigation
Rated By | Super Lawyers | Gerard T. Fazio | Selected In 2022 | Thomson Reuters
AV | Preeminent | Peer Rated For Highest Level Of Professional Excellence

Biography

Jerry Fazio is one of the most sought-after trial lawyers for clients accused of negligence in high-stakes litigation and arbitration matters throughout Texas. He has over three decades of experience defending non-subscriber employers against all types of work injury claims, including resolution of hundreds of cases at trial, on summary judgment and through settlement negotiations. Jerry also defends clients in litigation involving premises liability, trucking accidents, Dram Shop liability, wrongful death, ERISA claims and much more.

In addition, Jerry protects clients when cases go beyond the trial court level. He has handled numerous appeals before courts across Texas and the Texas Supreme Court, including effective outcomes in Jack in the Box v. Skiles, 221 S.W.3d 566 (Tex. 2007) (reversing the court of appeals' judgment and rendering a take-nothing judgment in favor of Jack in the Box) and In re Odyssey Healthcare, Inc. & George Portillo, 310 S.W.3d 419 (Tex. 2010) (ordering the trial court to enforce an employer-employee arbitration agreement).

Before co-founding Owen & Fazio in 2002, Jerry practiced law with Dodge, Fazio, Anderson & Jones, P.C. and Burford & Ryburn, L.L.P. in the areas of general insurance defense litigation and non-subscriber claim defense. Following law school, Jerry served as the briefing attorney for Chief Justice J. Curtis Brown of the Fourteenth Court of Appeals in Houston for the 1987-1988 term.

During his time away from work, Jerry enjoys playing golf, speaking to groups and traveling. He is a resident member of Royal Oaks Country Club. Jerry is also a longtime supporter and former board member of Camp Summit, Inc., and he was recognized as the "Remarkable Volunteer" in 2008. He is married to Claudia Fazio, has one stepson and two Beagles.

Education

  • South Texas College of Law Houston, Houston, Texas
    • 00/1987
  • University of Texas at Arlington
    • B.A. - 1985
    • Major: Political Science & Speech Communication

Bar Admission

  • Texas
  • Oklahoma
  • Colorado
  • District of Columbia
  • U.S. Supreme Court
  • U.S. Court of Appeals 5th Circuit
  • U.S. District Court Northern District of Texas
  • U.S. District Court Southern District of Texas
  • U.S. District Court Eastern District of Texas
  • U.S. District Court Western District of Texas
  • U.S. District Court Northern District of Oklahoma
  • U.S. District Court Eastern District of Oklahoma
  • U.S. District Court Western District of Oklahoma

Current Employment Position

  • Partner

Representative Cases

  • In re Odyssey Healthcare, Inc. & George Portillo, 310 S.W.3d 419 (Tex. 2010) (ordering the trial court to enforce an employer-employee arbitration agreement)
  • Jack in the Box v. Skiles, 221 S.W.3d 566 (Tex. 2007) (reversing the court of appeals judgment and rendering a take-nothing judgment in favor of Jack in the Box)
  • Walmart Stores, Inc. v. Constantine, 05-17-00694-CV (Tex. App.—Dallas, 2018) (reversing a trial court’s order denying the enforcement of an arbitration agreement that was acknowledged by an employee by computer)
  • Zamora v. Champion Cooler, No. 05-16-00577-CV (Tex. App.—Dallas, 2018) (affirming a trial court’s summary judgment order dismissing a chemical exposure against an employer due to not having any proper expert evidence claim)
  • In re Arpin America Moving Systems, LLC, 416 S.W.3d 927 (Tex. App.—Dallas 2013) (obtaining a mandamus to set aside a trial court’s order requiring the discovery of net worth evidence)
  • In re Hicks, 252 S.W.3d 790 (Tex. App.—Houston [14th Dist.] 2008 (obtaining a mandamus setting aside a trial court’s order to allow the discovery of the attorney’s work product)
  • In re Adhi-Lakshmi Corp., 138 S.W.3d 559 (Tex. App.—Beaumont 2004) (reversed trial court denying arbitration agreement)

Representative Clients

  • Represented over one thousand nonsubscriber employers in defense of employees’ allegations of workplace negligence causing injuries and death all over the State of Texas

Honors

  • Rated AV Preeminent® by Martindale-Hubbell
  • Selected in Texas Super Lawyers, a Thomson Reuters publication (2012-2020)
  • “Best Lawyers in Dallas,” D Magazine (2007, 2008, 2014 & 2019
  • Texas Association of Defense Counsel Presidential Award for Leadership (2008, 2013)

Classes & Seminars

  • Non-subscription Claims Litigation Management Workers Compensation Conference (July 2020)
  • Arbitration v. Jury Trial, Dallas Bar Association (November 2019)
  • Arbitration v. Jury Trial, Texas Association of Defense Counsel (July 2019)
  • Nonsubscription Case Law Update, PartnerSource Annual Conference (2015-2016; 2018-2019)

Pro-Bono Activities

  • Board of Directors, Camp Summit, Inc.
  • Member, Knights of Columbus Council #799

Professional Associations

  • Texas Association of Defense Counsel, Vice President , 2007 to 2015
  • Texas Association of Defense Counsel, Secretary , 2015
  • Texas Bar Foundation, Fellow
  • Dallas Bar Foundation, Fellow
  • International Association of Defense Counsel, Member
  • Association of Defense Trial Attorneys, Member
  • Texas College of the State Bar of Texas, Member
  • Defense Research Institute, Member
  • Dallas Bar Association, Member
  • Oklahoma Defense Counsel Association, Member
  • Colorado Defense Counsel Association, Member