areas OF PRACTICE
Phone
(214) 939-2016About
Tim
Tim has been with Figari & Davenport since 1989. His practice has been varied and includes the defense of numerous automotive, insurance, and consumer-related class actions in federal and state courts across the United States. He has also prosecuted and defended lawsuits, both in the trial court and on appeal, involving business disputes for clients involved in diverse industries, including claims by major manufacturers against suppliers, oil and gas lessees on payment issues, commercial landlords and tenants, and a variety of life, health, and annuity matters for insurance clients, including validation of the actuarial process used to set rates.
Tim has been with Figari & Davenport since 1989. His practice has been varied and includes the defense of numerous automotive, insurance, and consumer-related class actions in federal and state courts across the United States. He has also prosecuted and defended lawsuits, both in the trial court and on appeal, involving business disputes for clients involved in diverse industries, including claims by major manufacturers against suppliers, oil and gas lessees on payment issues, commercial landlords and tenants, and a variety of life, health, and annuity matters for insurance clients, including validation of the actuarial process used to set rates.
- In re OnStar Contract Litigation, 278 F.R.D. 352 (E.D. Mich. 2011), class certification denied and leave to appeal under Rule 23(f) denied by the Sixth Circuit.
- Wall Recycling, LLC v. 3TEK Global, LLC, 497 F.Supp.3d 30 (M.D.N.C 2020), currently on appeal in the Fourth Circuit after summary judgment granted in client’s favor.
- General Motors v. Garza, 179 S.W. 3d 76 (Tex. App. - San Antonio 2005), reversing grant of class certification.
- In McNeil v. Time Ins. Co., 205 F. 3d 179 (5th Cir. 2000), cert. denied, 531 U.S. 1191 (2001).
- JD, University of Texas, with honors, 1989
Order of the Coif
- BA, Colorado College, 1985
- State Bar of Texas
- U.S. District Courts for the Northern, Eastern, Southern & Western Districts of Texas
- U.S. District Court for Colorado
- U.S. District Court for the Eastern District of Michigan
- U.S. District Court for the Eastern District of Wisconsin
- U.S. Courts of Appeals for the Third, Fourth, Fifth, and Sixth Circuits
- U.S. Supreme Court
- Co-author, Annual Survey of Texas Law – Texas Civil Procedure, SMU Law Review, 2017-2019
- Challenging Class Certification at the Pleading Stage: What Rule Should Govern and What Standard Should Apply, 56 S. Tex. L. Rev. 242 (Winter 2014)