Theodore Schultz
Email Theodore Schultz
Mr. Schultz’s nationwide practice is focused on insurance, financial services, banking,
intellectual property, and business/commercial litigation, including class action
defense. Recent significant litigation by Mr. Schultz includes:
• Prevailed in FINRA dispute in case involving dispute over beneficiary designation.
• Prevailed in FINRA dispute involving cancellation of securities transaction due to
violation of Regulation T margin requirements by check-kiting customer.
• Obtained judgment on the pleadings on Prompt Payment Act claims brought
against insurer for six-year delay in payment. Hendrix v. Hartford Life Ins. Co.,2013
WL 979285 (N.D.Tex. 2013).
• Obtained judgment on the pleadings under the Fair Credit Reporting Act case in
Morse v. USAA Federal Savings Bank, 2012 WL 6020090 (D. Nevada 2012).
• Argued and prevailed before the 5th Circuit in Likens v. Hartford Life and Accident
Insurance Company, 688 F.3d 197 (5th Cir. 2012), after obtaining trial court summary
judgment in favor of insurer on interpretation of policy, 794 F. Supp. 2d 720
(S.D.Tex.2011).
• Obtained a take-nothing summary judgment for insurer by demonstrating that
policy had lapsed and was not revived. Calverly v. Hartford Life and Acc. Ins. Co., 2010
WL 4511101 (N.D.Tex.,2010).
• Obtained a take-nothing summary judgment in arbitration of an ERISA claim
against the Plan Administrator of an Employee Benefit Plan maintained and
self-insured by a large grocery chain.
• Successfully defended to a zero-dollar judgment a breach of contract and defamation action brought by the former CEO of an Italian company’s U.S. subsidiary against the company’s new management.
• Successfully defended to a zero-dollar judgment an action for fraud and breach of contract against a silicon broker accused of wrongfully applying over one million dollars in buyer purchase money.
• Obtained partial summary judgment in federal court in favor of debt collector accused of violating the Fair Debt Collection Practices Act, resulting in favorable settlement of remaining claims.
Education
Cornell University, cum laude, JD in 1996
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Editor, Law Review
University of Texas MA in 1993
Cornell University, cum laude, BA in 1992
Bar Admissions
State of Texas
Northern District of Texas
Southern District of Texas
Eastern District of Texas
Western District of Texas
Not admitted to practice in any jurisdiction other than those listed. Not Certified by the Texas Board of Legal Specialization.
