Kimberly A. Chojnacki

Kimberly Chojnacki, focuses her practice on eminent domain, complex commercial disputes, and insurance defense matters. Mrs. Chojnacki represents clients in eminent domain proceedings, complex commercial litigation, and insurance defense disputes. Mrs. Chojnacki has significant trial and appellate experience.

Mrs. Chojnacki’s eminent domain practice includes all aspects of condemnation and right-of-way matters for pipeline owners and operators, utilities, and other common carriers. Her complex commercial litigation practice focuses in particular on trade secret misappropriation, fraud, and breach of contractual and fiduciary duties, as well as risk assessment and mitigation in the development of non-compete and nondisclosure agreements. Her insurance defense practice includes first- and third-party defense on behalf of insurance carriers and their insureds.

EDUCATION:

• The University of Texas School of Law, J.D., 2012
• The University of Texas at Austin, B.A., 2009

ADMISSIONS:

• Texas, 2012
• U.S. District Court for the Northern, Southern, Eastern and Western Districts of Texas
• U.S. Court of Appeals for the Fifth Circuit

Representative Matters:

• Represented board members of Texas nonprofit corporations affiliated with a historic local church in a declaratory judgment action to determine the correct composition of the board amid allegations of mishandling of funds by the chairman and church members.
• Briefed and argued a successful traditional summary judgment in favor of a Harris County mortuary service provider alleged to have negligently handled human remains. Briefed the defense of this summary judgment on appeal to the First Court of Appeals resulting in a favorable opinion.
• Briefed the defense of a grant of summary judgment on appeal to the First Court of Appeals, resulting in a favorable opinion for the clients, Harris County property owners sued by a trespasser who claimed they maintained a dangerous trampoline on their land.
• Briefed and argued successful motions to dismiss on the basis of standing and failure to state claims in favor of one of the world’s largest private owners of timberlands in a dispute valued in excess of $1.4 million.
• Briefed and argued a successful traditional summary judgment in favor of a Harris County property owner in a real estate possession dispute on property valued in excess of $1 million.
• Briefed successful traditional summary judgment in favor of Houston-area commercial landlord for breach of lease by the tenant, resulting in judgment for past due rents and attorney’s fees for client.
• Briefed and argued a successful traditional summary judgment in favor of a South Carolina resident alleged to have defamed a family member.
• Negotiated the non-suit of client for mental anguish claims based on lack of essential bystander elements and recoverable damages.

Professional Honors & Activities :

• Member – Advisory Board, The Council on Recovery
• Recipient – President’s Award for Outstanding Service, Houston Bar Association (2017 – 2018)
• Chair – John J. Eikenburg Law Week Fun Run Volunteer Subcommittee (2015 – 2017)
• Member – The Houston Lawyer Committee (2015 – 2017)