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Patrick W. Mizell
Patrick W. Mizell
Partner — Commercial & Business Litigation
Partner — Commercial & Business Litigation

Patrick W. Mizell

Patrick W. Mizell
Houston

Texas Tower
845 Texas Avenue
Suite 4700
Houston, Texas 77002

Patrick W. Mizell

Experience Highlights

  • Lead counsel for the utilities and select banks in the Winter Storm Uri multi-district litigation

  • Lead counsel for a large independent oil and gas producer in the defense of climate change litigation in California and Delaware

  • (U.S.); (5th Cir.); (W.D. Tex.) – Obtained summary judgment defending the State Bar of Texas against a First Amendment mandatory bar challenge; on appeal, the Fifth Circuit vacated and granted partial summary judgment and a preliminary injunction to the three plaintiffs, but upheld the vast majority of the Bar’s challenged initiatives as constitutional; the U.S. Supreme Court denied our opponents’ cert petition

  • (S.D. Tex.) — Represented an aviation company in a suit brought by its former maintenance service provider in a breach of contract case; in a bench trial, we successfully defeated plaintiffs’ claims and prevailed on a counterclaim, winning a million dollars (net) on the counterclaim

  • Represented the preeminent cancer center in the country in an arbitration brought against it by its district energy provider; the case involved claims for breach of contract and counterclaims involving board governance and rate-making issues; after a week-long arbitration, the panel denied our opponent’s breach of contract claims and granted judgment in our client’s favor, resulting in approximately US$30 million of savings for the cancer center over the life of the contract

  • (Tex. Dist. − Harris Cnty.) — Represented an energy services company as plaintiff in a one week bench trial; successfully rescinded a warrant agreement based on mutual and unilateral mistake; the warrants at issue were valued at approximately $40 million

  • (Tex. Dist. – Harris Cnty.) — Obtained dismissal of $400 million alleged fraud claims brought by spouse of executive against international energy trading company, based on personal jurisdiction and mandatory forum selection

  • (S.D. Tex. − Houston) — Obtained dismissal of $8 million dollar alleged fraud claims against Canadian company and family based on personal jurisdiction

  • (Tex. Dist. − Harris Cnty.) — Obtained a $17 million (net) dollar verdict in district court in Harris County, Texas, for a commercial landlord in a six-week jury trial of a breach of lease case; the verdict included a full award of attorneys’ fees

  • (N.Y. Sup. − Commercial Div.) — Obtained a complete defense verdict against a $90 million claim brought by a joint venture partner against a hedge fund for breach of contract; the jury trial lasted four weeks, and after the win, the trial court awarded full attorneys’ fees to V&E’s client

  • (Tex. Dist. − Harris Cnty.) — Obtained a complete defense summary judgment against defamation claims brought by a physician against a nonprofit children’s hospital; the trial court awarded sanctions to V&E’s nonprofit client of approximately $725,000, one of the largest sanctions awards in Texas jurisprudence

  • (Tex. Dist. − Harris Cnty.) — Obtained a bench trial finding and judgment upholding an earnest money contract and requiring specific performance in a commercial real estate transaction regarding a multimillion dollar property on Washington Avenue in Houston, Texas; the bench trial was in district court in Harris County, Texas

  • (W.D. Tex. – Midland) — Obtained a complete defense jury verdict on liability and damages in federal court in Midland, Texas, for a major pharmaceutical company in its first federal trial involving alleged heart valve damage from the use of diet drugs; the victory represented the first and only liability win in Texas for the manufacturer, who was beset by thousands of claims across the country

  • (Tex. Dist. − Harris Cnty.) — Obtained a $19 million (net) verdict and judgment for the primary investor in a construction equipment company against the former executive, for fraud, breach of fiduciary duty, and breach of contract relating to artificial inflation of earnings

  • (Tex. Dist. − Harris Cnty.) — Successfully defended an investment bank in litigation against a corporate executive for malfeasance in connection with a $130 million bond issue to executive’s company

Credentials

  • University of Houston Law Center, J.D., 1989 (Order of the Barristers)
  • Southern Methodist University, B.A., 1986
  • Judge: 129th Judicial District Court of Harris County, Texas, 1995–2002
  • Chambers USA, Litigation: General Commercial (Houston), 2021–2023
  • Legal 500 U.S., Energy Litigation: Oil & Gas, 2019; General Commercial Disputes, 2020 and 2022
  • Selected to the 500 Leading Litigators in America, Lawdragon, 2023 and 2024
  • The Best Lawyers in America© (BL Rankings, LLC), Commercial Litigation (Houston), 2005−2006, 2008−2024
  • Selected to the Texas Super Lawyers list, Super Lawyers (Thomson Reuters), 2006–2023
  • Fellow, American College of Trial Lawyers
  • Fellow, International Academy of Trial Lawyers (limited to 500 US attorneys)
  • Member: American Board of Trial Advocates
  • Member: International Society of Barristers
  • Commissioner: Texas Ethics Commission, 2018 to present
  • Commissioner: Texas Judicial Compensation Commission, 2007 to 2018
  • Life Fellow: State Bar of Texas Foundation; Houston Bar Foundation Member
  • Texas
  • Southern, Northern, Eastern, Western Districts of Texas
  • Fifth Circuit
  • Speaker for trial practice at continuing legal education seminars across Texas