Senior Trial Counsel
Phone: 713.650.1313
Location: Houston Office
Robert Horn is a civil trial and appellate attorney with wide-ranging experience resolving routine to complex matters for his clients. Mr. Horn appears on behalf of his clients in state and federal courts throughout Texas and across the country. Mr. Horn has served as lead counsel in a wide variety of civil litigation cases, and his experience includes serving as first and second chair trial and hearing counsel before state courts, federal courts, and arbitration panels.
Mr. Horn focuses on a goal-centered approach to representing clients that encourages effective communication, strategic thinking and practical problem solving, assessment and reassessment of each client’s case to minimize risks, to maximize outcomes, and to meet budgets, evaluation and effective decision-making on appropriate liability and claimant theories, and working in a team environment with senior and junior attorneys.
Mr. Horn has a special interest in (a) personal injury and products liability, (b) consumer finance litigation, (c) business torts, (d) bad faith litigation, (e) securities fraud, (f) professional negligence cases, and (g) general commercial matters. Mr. Horn is well-versed in the many issues that affect these litigation environments, and he routinely advises individuals and business leadership regarding significant legal issues impacting their respective legal claims in these areas.
Mr. Horn takes pride in representing clients who are committed to the expeditious resolution of their cases, oppose delay in moving their case, and are not unduly fearful of trial. He is dedicated to professional, effective, and client-centered representation.
Published Works
Commercial Litigation
Lead counsel for international modular, blast resistant building manufacturer in all aspects of business including, in one instance, seizure of a $1 billion + off shore oil platform to obtain payment under a master services agreement.
Lead counsel for credit card collection company in all cases filed in Texas.
Lead counsel for warehouse owner accused of diverting water by two flumes to a downstream neighbor and thereby violating the Texas Water Code, committing trespass, and creating a nuisance.
Co-lead counsel for truck manufacturer in a products liability case brought by the parents of their deceased son after driving his vehicle into a transmission that dropped out of the truck; drafted summary judgment before leaving the firm.
Co-lead counsel for a supplier in a products liability action brought by a woman who sustained chemical burns from a counterfeit foot cream purchased on Amazon and obtained an agreed dismissal after drafting and filing motion for summary judgment.
Co-lead counsel for defendants in a business co-owner dispute involving claims of breach of fiduciary duty, breach of contract, and tortious interference with contract and obtained non-suit with prejudice as to certain defendants after filing a motion for partial summary judgment and was part of a coordinated effort among the remaining defendants that negotiated a global agreement that brought permanent closure to the co-business owners’ disputes.
Lead counsel for bank in lawsuit by homeowner alleging breach of contract, violations of debt collection statutes, violations of credit reporting statutes, violations of the real estate settlement procedures act, and negligence.
Lead counsel for international logistics company in lawsuit involving multiple interrelated companies and claims for breach of lease, violations of the uniform fraudulent transfer act, breach of fiduciary duties, and piercing the corporate veil.
Lead counsel for international logistics company as part of a coordinated effort among several practice groups to negotiate a significant commercial warehousing lease.
Lead counsel for international logistics company regarding claims by an entity asserting ownership of goods and client’s actions as a warehouseman under an international documentary sales transaction involving a bill of lading.
Co-lead counsel for custom clothier in a lawsuit by a sales person’s former employer and obtained order denying application for temporary injunction arising from an alleged employment contract thereby allowing sales person to continue working in Houston.
Co-lead counsel representing executive departure from large international energy company.
Co-lead counsel for accounting firm and accountant in lawsuit alleging professional negligence and negligent misrepresentation.
Collaborated with Plaintiff’s officers to craft and implement a strategy that defeated the threat of arbitration in an unfavorable forum, which ultimately resulted in cost savings, mutually-agreed resolution. Hunter Buildings International v. The Communication Group, Cause No. 2014-42524, Harris County, Texas.
Lead counsel in recovering monies for Plaintiff from various banks that cashed checks, which were not properly payable, when presented by client’s executives as part of an employee embezzlement scheme. Courthouse Direct.Com v. Enterprise Bank, Cause No. 2012-64868, Harris County, Texas.
Lead counsel representing Plaintiff in a suit on the sworn account and successfully negotiated an agreed resolution and payment of former employee’s credit card charges. Lyondell Chemical Company v. Rachel Thomas, Cause No. 1002905, Harris County, Texas.
First chair trial counsel for banks and loan servicers in numerous lender liability lawsuits.
Trial counsel principally responsible for directing litigation strategy and leading junior associates on lender liability litigation docket.
Lead counsel for international modular, blast resistant building manufacturer in lawsuit asserting breach of contract, breach of warranty, and fraud actions against marketing and web-design company.
Lead counsel for major banks and mortgage servicers as defendants in litigation involving alleged violations of the Texas Deceptive Trade Practices Act (DTPA), Truth in Lending Act (TILA), Real Estate Settlement Procedures Act (RESPA), Fair Credit Reporting Act (FCRA), Federal Debt Collection Practices Act (FDCPA), and Texas Debt Collection Act (TDCA).
Class Action / Mass Torts
Lead counsel for medicine repackager based in Oklahoma in MDL proceedings.
Co-lead counsel representing homeowners in class action lawsuit against property tax reduction company
Co-counsel representing numerous homeowners in a mass action lawsuit against Centerpoint, Enterprise, and Troy
Construction for damages arising from the excavation and construction of pipelines that diverted water to neighboring properties (deposed Defendants’ expert hydrologist and expert meteorologist and drafted response to
Defendants’ 91a Motion to Dismiss Plaintiffs’ trespass cause of action)
Construction Litigation
Lead counsel representing Defendant and Counterclaimant against claims he breached a construction contract, and served as first chair hearing counsel in a five-day arbitration resulting in a final order denying Plaintiff’s request for an award of $207,660.98 in damages and awarding client $145,449.14 in damages. Korte Construction Company, Inc. d/b/a The Korte Company v. John Jamar d/b/a John Jamar Construction Services, No. 01-15-0002-6202, Construction Dispute Resolution Committee, American Arbitration Association, St. Louis, MO.
Counseled Plaintiff and shaped litigation in a multifaceted breach of contract action involving a large construction and siting project at Defendant’s manufacturing facility, which litigation lead to a successful resolution of the dispute and sustained business relations. Hunter Site Services LLC v. Invista S.a. r.l.; Civil Action No. 4:15-cv-03453 (S.D. Tex.).
Energy Litigation
Lead counsel successfully representing Plaintiff in litigation to remove Defendant’s bulk gas storage tanks and to defeat claims of a renewed product supply agreement and breach of contract that involved complex interactions of contract law and certain provisions of the Texas Business and Commerce Code. Hunter Buildings and Manufacturing v. Matheson Tri-Gas, Cause No. 2015-15874, Harris County, Texas.
Lead counsel for international modular, blast resistant building manufacturer in litigation arising from gaseous products requirements contracts
Lead counsel representing creditors as defendants in fraudulent transfer and preference claims in major energy company bankruptcy
Lead counsel for creditor in major chemical company bankruptcy adversary proceeding
Lead counsel consulting for national tubular products consulting company in the analysis and negotiation of licensing and third-party servicing contracts
Environmental Litigation
Lead counsel negotiating settlements for several small businesses against claims by Plaintiff for cost recovery, contribution, and declaratory relief under CERCLA and the Texas Solid Waste Disposal Act. USOR Site PRP Group v. A&M Contractors, Inc., No. 4:14-cv-02441 (S.D. Tex.).
Represented parties in negotiations to formalize terms of the mediated settlement agreement. 902 Tyler Partners v. Wood-Protection Company, No. 9:13-cv-00031 (E.D. Tex.).
FINRA Arbitrations / Securities Representations
Second chair hearing counsel representing Respondent in a three-day arbitration involving claims of breach of contract, negligence, misrepresentation, breach of fiduciary duty, violations of Texas Securities Act, and violations of FINRA Rules of supervision and suitability that resulted in a favorable award for the client. Medellin v. Samuel Scott Nelson-Archer, FINRA Case No. 13-01827.
Lead counsel in negotiation of pre-hearing resolution for Respondent involving claims for damages arising from broker’s alleged breach of contract; negligence; misrepresentation; breach of fiduciary duty; violations of Texas Securities Ads; and violations of FINRA Rules of supervision and suitability that resulted in a take-nothing award in favor of Respondents. Barnette v. Sanders Morris Harris, Inc., FINRA Case No. 12-02681.
Second chair hearing counsel for Respondent in a two-week arbitration that involved claims for monetary damages exceeding $2,000,000 arising from broker’s alleged breach of contract; negligence; misrepresentation; breach of fiduciary duty; violations of Texas Securities Ads; and violations of FINRA Rules of supervision and suitability that resulted in a take-nothing award in favor of Respondents. Paul Compton v. H. Beck, Inc., FINRA Case No. 10-3347.
Personal Injury and Products Liability
Co-lead counsel representing the parents of a minor boy in a lawsuit against Apple and its partner companies for damages caused when the volume in their son’s Apple AirPods increased without warning during an Amber Alert and caused permanent hearing loss (drafted complaints, drafted discovery, built Plaintiffs’ expert team, and appeared before the court).
Co-counsel representing numerous homeowners in a mass action lawsuit against Centerpoint, Enterprise, and Troy
Construction for damages arising from the excavation and construction of pipelines that diverted water to neighboring properties (deposed Defendants’ expert hydrologist and expert meteorologist and drafted response to Defendants’ 91a Motion to Dismiss Plaintiffs’ trespass cause of action).
Co-counsel representing a class of individuals in a lawsuit against Ford Motor Company for damages arising from misrepresented payload capacities of certain F-350 trucks (took deposition of Ford Motor Company’s expert engineer and corporate representative).
Lead counsel in numerous personal injury lawsuits arising from defective products, motor vehicle crashes, slip and falls, shootings, and plane crashes (settled numerous cases for multiples of medical bills and recently obtained a $325,000 settlement for a 68 year old client who suffered back injuries after tripping and falling in a hole left by erosion at an apartment complex).
Lead trial counsel on numerous medical malpractice cases.
Associate attorney representing international midstream pipe manufacturer in products liability matter.
Professional Negligence
Defended Swett & Crawford against professional negligence claim for monetary damages exceeding $3,000,000 based upon allegations of failure to procure insurance or proper insurance. Menard, Inc. v. Swett & Crawford, Case No. 10-CV-7592, Circuit Court, Milwaukee County, Wisconsin.
Contact the Attorneys at Germer PLLC for a consultation today. We provide services for clients in Beaumont, Austin, Houston, San Antonio, Tyler and surrounding areas.
GERMER PLLC
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