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

• 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.