Austin
512.370.2881 Direct
512.370.2850 Fax
lburgess@winstead.com

Linda Burgess' practice is focused on litigation in state and federal courts at both the trial and appellate levels. She also has significant experience in trying contested cases before the State Office of Administrative Hearings. Linda has represented individual and corporate clients in matters involving a wide range of issues, including contract, insurance "bad faith" and coverage, administrative law, open records, government investigation and enforcement, fiduciary duty, usury, lender liability, deceptive trade practice and antitrust, and premium and retaliatory tax.

Representative Experience

  • Obtained a permanent injunction against threatened agency action by the Texas Department of Insurance to disclose confidential trade secrets of a major homeowner's insurance carrier under the Texas Public Information Act
  • Jury trial defense of insurance carrier in extracontractual cases where plaintiffs claimed, among other damages, personal injuries, in connection with carrier's handling of mold claims, including McMillin v. State Farm Lloyds, 180 S.W.3d 183 (Tex. App.-Austin 2005, pet. denied)
  • Jury trial defense of a life insurance company in a $10 million suit against it by an insurance agency for claims of tortious interference and participation with three agency officers in a breach of fiduciary duty
  • Defense verdict for a client sued for the establishment of a common-law marriage after the client made millions in start-up of high-tech company
  • Representation of carrier in an advertising injury coverage dispute.  IDG, Inc. v. Continental Casualty Co., 275 F.3d 916 (10th Cir. 2001)
  • Representation through appellate courts of employer found liable for $1.1 million in usury penalties and breach of an employment contract when it terminated the contract because of the employee's default on a loan from the employer.  Judgment was reversed on appeal and a take-nothing judgment rendered for the employer.  First USA Management, Inc. v. Esmond, 960 S.W.2d 625 (Tex. 1997)
  • Defense of major title insurance underwriter in contested enforcement action by Texas Department of Insurance, in which it was determined there was no double charging for lien release services
  • Representation of life insurance carrier in suit to declare policy void because policy was procured with intent to kill insured
  • Defense of a credit card company and the credit card company's affiliate collection company for alleged violations of the Texas Debt Collection Act in class action litigation.  Elston v. Resolution Services, Inc., 950 S.W.2d 180 (Tex. App.-Austin 1997, no writ)
  • Representation of a cable company in a dispute with a power company over whether the cable company was obligated to indemnify the power company under the terms of an indemnity agreement. The appeal of the lawsuit resulted in the reversal of the trial court's summary judgment ordering the cable company to indemnify the power company. Douglas Cablevision, L.P. v. Southwestern Electric Power Co., 992 S.W.2d 503 (Tex. App.-Texarkana 1999, pet. denied)

Search Tips:

You may use the wildcard symbol (*) as a root expander.  A search for "anti*" will find not only "anti", but also "anti-trust", "antique", etc.

Entering two terms together in a search field will behave as though an "OR" is being used.  For example, entering "Antique Motorcars" as a Client Name search will find results with either word in the Client Name.

Operators

AND and OR may be used in a search.  Note: they must be capitalized, e.g., "Project AND Finance." 

The + and - sign operators may be used.  The + sign indicates that the term immediately following is required, while the - sign indicates to omit results that contain that term. E.g., "+real -estate" says results must have "real" but not "estate".

To perform an exact phrase search, surround your search phrase with quotation marks.  For example, "Project Finance".

Searches are not case sensitive.

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