Kendall M. Gray has over 20 years of experience as an appellate lawyer, beginning with his service as a briefing attorney for the Supreme Court of Texas. He has been Board Certified in Civil Appellate Law since 2005 and served two terms on the board certification exam commission.
This recognition is built on an approach that seeks to fully understand why the rules of law came to be as they are and how they work together before accepting the pat answer.
Only with this deep level of research and preparation can one fully understand and persuasively tell the client’s story in a brief or answer the tough questions at argument.
Following this approach, Kendall has represented clients in scores of appellate matters across the full gamut of the substantive law in the United States Supreme Court, the U.S. Courts of Appeal for the Fifth, Ninth, Tenth, and Federal Circuits, the Supreme Court of Texas, and the intermediate state appellate courts. That experience includes routinely serving as lead counsel and presenting oral argument.
In addition to commercial and energy matters, Kendall’s practice has a particular focus on complex health or managed care issues including ERISA preemption and medical provider billing fraud. Kendall and the Appellate Practice Group had a key role in forming the managed care jurisprudence in the Fifth Circuit, including such historic cases as Corporate Health Insurance v. Texas Department of Insurance and Aetna Health v. Davila.
- Cornerstone Healthcare Grp. Holding, Inc. v. Nautic Mgmt. VI, L.P., 493 S.W.3d 65 (Tex. 2016) (holding that Texas may assert personal jurisdiction over hedge funds that wrongfully acquired Texas assets).
- Aetna Life Ins. Co. v. Methodist Hosps. of Dallas, 640 F. App’x 314 (5th Cir. 2016) (holding that Texas prompt pay penalties do not apply to self-funded ERISA health care plans).
- McGinnes Indus. Maint. Corp. v. Phoenix Ins. Co., 477 S.W.3d 786 (Tex. 2015) (holding that CERCLA proceedings constitute a “suit” for purposes of the duty to defend).
- Dernick Res., Inc. v. Wilstein, 471 S.W.3d 468 (Tex. App.-Houston [1st Dist.] 2015, pet. denied) (upholding fee forfeiture for breach of fiduciary duty in oil and gas joint venture).
- Boeing Co. v. Paxton, 466 S.W.3d 831 (Tex. 2015) (protecting competitively sensitive lease information from disclosure under the Texas Public Information Act).
- Christus Health Gulf Coast v. Aetna, Inc., 397 S.W.3d 651 (Tex. 2013) (HMO and parent corporation not liable for claims left unpaid by intermediary with whom hospitals had contracted).
- Ballard v. Devon Energy Prod. Co., L.P., 678 F.3d 360 (5th Cir. 2012) (construction of Joint Operating Agreement with AMI under Montana Law).
- Ingersoll-Rand Co. v. Valero Energy Corp., 997 S.W.2d 203 (Tex. 1999) (holding that claim for indemnity of defense costs and attorneys’ fees not a compulsory counterclaim and not barred by res judicata).
- JD, Baylor Law School, summa cum laude, Lead Articles Editor, Baylor Law Review, National Order of Barristers, Mock Trial Team, 1994
- BMus, University of Wisconsin, with distinction, 1989
- US Supreme Court
- US Court of Appeals, Fifth Circuit
- US Court of Appeals, Ninth Circuit
- US Court of Appeals, Tenth Circuit
- US Court of Appeals, Federal Circuit
- US District Court, Southern District of Texas
- US District Court, Eastern District of Texas
- US District Court, Northern District of Texas
- US District Court, District of Colorado
- Supreme Court of Texas, Briefing Attorney for the Honorable Jack Hightower, 1994-1995
- Board Certified—Civil Appellate Law, Texas Board of Legal Specialization
- Houston Bar Association, Appellate Section
- State Bar of Texas, Appellate Section
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