Current Employment Position(s)

Managing Partner, since 1989

Year Joined Organization: 1989

Lawyer Overview

Michael M Essmyer attended Douglas MacArthur High School in San Antonio, Texas . There he was a National Merit Scholar. He graduated from Texas A&M University with a Bachelor of Science degree in Geology in 1972. At Texas A&M he was student body Vice President and Parliamentarian. He then served as an officer in the United States Air Force. Michael was a navigator and electronics warfare officer from 1972-1978. While in the Air Force he attended and taught classes in geology at Texas Christian University . He later received his Doctor of Jurisprudence, Magna Cum Laude, from South Texas College of Law in 1980. From 1980-81, he was first a summer law clerk for the Gulf Oil Company and then a briefing attorney for the Supreme Court of Texas, Judge Pope.

He has been in private practice in Houston for over twenty-nine years. He is a former officer and shareholder in the law firm of Haynes & Fullenweider, P.L.C. in Houston . He founded the firm now known as Essmyer, Tritico & Rainey, L.L.P. in 1989. His professional memberships include the American Bar Association, Houston Bar Association, Texas Bar, the American Association for Justice, Texas and Houston Trial Lawyers Associations, and the Federal Bar Association, among others. He is married with three children.

Michael has been admitted to practice, and has practiced, before the U.S. Supreme Court; the U.S. Court of Appeals for the First, Fifth, Seventh, and Ninth Circuit Appellate Courts, and the Southern, Northern, Eastern and Western Federal District Courts of Texas. Michael has also been selected to appear in multiple editions of Marquis Who's Who, including Who's Who in America . Michael is on the board of directors of the Texas Trial Lawyers and the Houston Trial Lawyers Association. He has previously been on the board of directors of the Harris County Criminal Lawyers Association. Michael has been the Chairman or the Co-Chairman of the following Houston Bar Association Committees: HBA CLE: Institute: HBA CLE: Seminars; HBA Lawyers in Public Schools, (LIPS); HBA Speakers Bureau. He has appeared on Entertainment Tonight; A.M. Houston and various other news shows and programs. Michael has also in the past been a frequent speaker for the National Business Institute (NBI).

Michael has handled cases from Municipal Court through and including appeals to the United States Supreme Court. Michael has handled multiple appellate cases that were well publicized as shown by the representative cases below. These include his representation of clients in suits against Larry Flint's Hustler Magazine, the City of Houston , and the American Medical International Inc. He has represented the officers and directors of Savings and Loans in various jurisdictions and in both civil and criminal courts. Michael has also represented both Companies and Unions, the individual and the corporation.

Michael has successfully obtained or been involved in obtaining several appellate reversals by the United States Supreme Court. He has represented bankers and paupers, members of gangs and ministers. He is currently involved in two federal criminal tax cases, and two federal criminal cases involving gangs. He has just finished two federal criminal immigration cases. On the civil side, the Jankowiak appellate opinion is a must read for anyone who practices auto collision cases.

Michael has also been active in Houston Community Theater as an actor, director and producer. He also sits on the board of directors of the Company OnStage.

As a practicing attorney, it is Michael's goal to represent his clients vigorously within the bounds of the law, and to work diligently on behalf of his clients' cases. It is also his and the firm's goal to participate in community projects and community affairs, and to protect the concept of justice for all.

Areas of Practice

• Appeals
• Business & Commercial Law
• Contracts
• Criminal Law
• Employment Law -- Employee
• Employment Law -- Employer
• Environmental Law- Both Civil and Criminal Cases
• Federal Complex Cases
• Injunctive Relief
• Insurance Litigation
• Motor Vehicle Accidents -- Plaintiff
• Nursing Home Incidents
• Personal Injury -- Plaintiff
• Products Liability Law
• White Collar Crimes

Representative Cases

• Gold v. City of College Station, 40 S.W.3d 637 (Tex. App.-Houston, 1st District 2001)
• Kennedy v. Collagen Corp., 967 F.2d 587 (9th Cir. 1992)
• Kennedy v. Collagen Corp., 974 F.2d 1342, Cert. Denied 509 U.S. 923 (1995) (9th Cir. 1992)
• Kennedy v. Collagen Corp., 67 F.3rd 1453, Cert. Denied 518 U.S. 1033 (1996) (9th Cir. 1995)
• Kennedy v. Collagen Corp., 991 F. Supp. 1185 (N.D. Calif. 1996)
• Kennedy v. Collagen Corp., 161 F.3rd 1226, Cert. Denied, 526 U.S. 1099 (1999) (9th Cir. 1998)
• Nava v. Reddy Partnership/Quail Chase, 988 S.W. 2.d 346 (Tex. App-Houston, 1st Dist. 1999)
• Mitchell v. Collagen Corp., 870 F.Supp. 885 (N.D. Ind. 1994)
• Mitchell v. Collagen Corp., 67 F 3rd 1268, Cert. Denied, 518 U.S. 1030 (1996) (7th Cir. 1995)
• Mitchell v. Collagen Corp., 126 F.3rd 902, Cert. Denied, 523 U.S. 1020 (1998) (7th Cir. 1997)
• Worthy v. Collagen Corp., 921 S.W.2d 711 (Tex. App. Dallas 1995)
• Worthy v. Collagen Corp., 967 S.W.2d 360 (Tex. 1998)
• Steele v. Collagen Corp., 63 Cal.Rptr. 2d 879 54 Cal.App. 4th 1474 (Cal. App. 3rd District 1997)
• Fiore v. Collagen Corp., 930 P. 2d 477, 187 Ariz. 400 (Ariz. App. Div. 1 1996)
• Green v. Dolsky, 641 A.2d 600, 433 Pa. Super. 556 (Pa. Superior 1994)
• Green v. Dolsky, 685 A.2d 110, 546 Pa. 400 (Pa. 1996)
• Garcia v. Texas Dept. of Criminal Justice, 902 S.W.2d 728 (Houston 14th Cir. 1995)
• Rideau v. Jefferson County, 899 F. Supp. 298 (E.D. Tex. 1995)
• Rideau v. Jefferson County, 902 F. Supp. 1115 (E.D. Tex. 1995)
• Anderson v. Collins, 18 F.3rd 1208, Cert. Denied, 511 U.S. 1065 (5th Cir. 1994)
• United States v. Henderson, 19 F.3rd 917, Cert Denied, 513 U.S. 877 (1994) (5th Cir. 1994)
• King v. Collagen Corp., 983 F.2d 1130, Cert. Denied, 510 U.S. 824 (1993) (1st Cir. 1993)
• Stamps v. Collagen, 983 F.2d 1416, Cert. Denied, 510 U.S. 824 (1993) (5th Cir. 1993)
• Turboff v. Gertner, Aron & Ledet Investments, 763 S.W.2d 827 (Tex. App.-Houston 14th Dist. 1991)
• Turboff v. Gertner, Aron & Ledet Investments, 840 S.W.2d 603 (Tex. App.-Corpus Christi 1992)
• American Medical International, Inc. v. Giurintano, 821 S.W.2d 331 (Tex. App-Houston 14th District 1991)
• Thomas v. Frederick, 766 F.Supp. 540 (W.D. La.-Lafayette 1991)
• Pressey v. Patterson, 701 F.Supp. (S.D. Tex. 1998)
• Pressey v. Patterson, 898 F.2d 1018 (5th Circuit 1990)
• Phillips v. McIntyre, 783 S.W.2d 261 (Tex. App.-Texarkana 1989)
• Herceg v. Hustler Magazine Inc., 503 F.Supp. 1566 (S.D. Tex 1984)
• Herceg v. Hustler Magazine Inc., 814 F.2d 1017, Cert. Denied, 485 U.S. 959 (1988) (5th Circuit 1987)
• Love v. State, 687 S.W.2d 469 (Tex. App.-Hous. 1st District 1985)
• Reese v. State of Texas, 653 S.W. 2d 550 (Tex. App-Beaumont 1983)
• Herceg v. Hustler Magazine Inc., 814 F.2d 1017, Cert. Denied, 484 U.S. 811(1987) (5th Circuit 1987)

West Practice Categories

Antitrust & Trade Regulation, Business & Commercial Law, Sexual Harassment, Criminal Law, DUI/DWI, Federal, White Collar Crimes, Employment Law -- Employee, Employment Law -- Employer, Environmental Law, Nursing Home, Litigation & Appeals, Personal Injury -- Plaintiff, Motor Vehicle Accidents -- Plaintiff, Products Liability Law, Professional Malpractice Law, Medical Malpractice, Toxic Torts

Bar Admissions

• Texas, 1980
• U.S. District Court Southern District of Texas, 1982
• U.S. District Court Northern District of Texas, 1982
• U.S. District Court Eastern District of Texas, 1982
• U.S. District Court Western District of Texas, 1982
• U.S. Court of Appeals 1st Circuit, 1981
• U.S. Court of Appeals 5th Circuit, 1981
• U.S. Court of Appeals 7th Circuit, 1982
• U.S. Court of Appeals 9th Circuit, 1981
• U.S. Court of Federal Claims, 1981
• U.S. Supreme Court, 1991

Professional Associations and Memberships

• Houston Bar Association (Member)
• American Bar Association (Member)
• State Bar of Texas
• American Association for Justice
• Texas Trial Lawyers Association, Director (Director)
• Harris County Trial Lawyers Association (Director)
• Texas Criminal Defense Lawyers Association
• Harris County Criminal Lawyers Association, 1986 - 1987 (Director)
• The Federal Bar Association

Honors and Awards

• Recipient, West Publishing Company Award, 1978 - 1979
• American Jurisprudence Awards, 1978 - 1979
• Who's Who in the World, 1989 - 1992
• Who's Who in America, 2000 - 2009
• Who's Who in American Universities & Colleges - TAMU, 1972
• Who's Who in the Southwest, 1986 - 2010
• Who's Who in American Law, 1987 - 2008
• Who's Who in the World, 2001 - 2009
• Who's Who of Emerging Leaders in America, 1987 - 1994

Classes and Seminars

• Various speeches as requested by the HBA, Houston Bar Association
• Uninsured and Underinsured Motorist Law in Texas, National Business Institute, 2002 - 2004
• A Practical Guide to Federal Court Rules and Procedures in Texas (December 1999), National Business Institute
• Personal Injury Settlements in Texas (December 1998), National Business Institute
• Texas Discovery Skills for Paralegals (1998), HalfMoon, L.L.C.
• Premise Liability: Preparation and Trial of A Difficult Case in Texas (January 1997), National Business Institute
• Paralegals and the Litigation Team in Texas (June 1996, 2004, 2005), National Business Institute
• Trying the Soft Tissue Injury Case in Texas (January 25, 1995, January 1996, April 1997, June 1999), National Business Institute
• Fall Law Symposium - Guest speaker, Texas A & M University MBA Law Committee, 1991 - 2000
• Strategies in Handling DWI and DUI cases (1995), Voir Dire and Jury Selection
• How to Prevent Sexual Harassment in the Office (July 30, 1994), Amusement and Music Operators of Texas (AMOT) annual meeting
• Trial Advocacy in Texas (October, 1993), National Business Institute
• Trying the Automobile Injury Case (December 1992), National Business Institute
• Personal Injury Litigation Practice in Texas (February, 1991), National Business Institute
• Voir Dire (January 1988), Order of the Barrister
• Legal Issues in Hospital Credentialing and Peer Review Proceedings (May 1987), Texas Medical Association Symposium on Medicine and the Law
• Privileges (September 1986), Texas Rules of Criminal Evidence Seminar
• Criminal Cases and Civil Clients (February 1986), Harris County Criminal Lawyers Association Federal Practice Seminar
• Preservation of Evidence (June 1985), Texas Criminal Lawyers Association: DWI Does Houston
• Texas Litigation Case Management, National Business Seminar
• Settling Uninsured and Underinsured Motorist Claims, National Business Seminar
• Bad Faith Litigation, National Business Seminar

Pro Bono Activities

• Harris County Democratic Executive Committee, 1980 - 1986
• Harris County Civil Courts Moderator, 1986 - 1995
• Houston Bar Administration of Justice Committee Project (1987)
• Jersey Village High School Legal Explorer Program (1986)
• Houston Bar Association Lawyers in Public Schools (LIPS) - (Chairman2003-2005), IDEA Committee, CLE Committee, and Speakers' Committee
• Active in Various Community Theaters, including being a Director of Company on Stage

Past Employment Positions

• Haynes & Fullenweider, PLC, Attorney, 1981 - 1989
• Justice Pope, Texas Supreme Court, Briefing Attorney, 1980 - 1981
• United States Air Force, Captain (Navigator), 1972 - 1978

Education

• South Texas College of Law, Houston, Texas, 1980
  J.D.
  Honors: With Highest Honors
  Honors: Member, Order of Lytae
  
  Law Review: South Texas College of Law
• Texas Christian University, Fort Worth, Texas, 1977
  Business Courses
• Texas A&M University, College Station, Texas, 1972
  B.S.
  Honors: National Merit Scholar
  Major: Geology

Fraternities/Sororities

• Alpha Phi Omega

References

• Robert Wallis, Exxon Mobil Corporation, Houston, Texas
• Richard "Racehorse" Haynes, 4300 Scotland, Houston Texas
• Dr. Charles Bailey. Past President of the Texas Medical Association, Houston, Texas
• Justice Jack Pope, Texas Supreme Court (retired), Austin, Texas
• Peter Sacripanti, McDermott, Will & Emery, Rockafeller Center, New York, New York
• Craig Zimmerman, McDermott, Will & Emery, Chicago, Illinois
• Matt Milner, Wells Fargo Bank, Houston, Texas
• Paul Orsborn, Comerica Bank, Houston, Texas
• Susan Perin, Mediator, Houston, Texas
• Janet Hansen, Jamil & Kolius, Houston, Texas

Offers Free Initial Consultation

Accepts Credit Cards

Published Works

• Grimshaw v. Ford Motor Company, 19 South Texas Law Journal 738, 1978

Address

5111 Center Street
Houston, TX 77007-3305

Phones

(713) 581-8203
(866) 719-1434

Faxes

(713) 869-8957

Emails

Contact Us

Websites

http://www.etlawfirm-personalinjury.com