Randall J. Poelma, Jr. - Partner  

Mr. Poelma’s main areas of practice include commercial litigation, subrogation, insurance coverage issues and real estate involving both self-pay and insured clients. Mr. Poelma’s civil trial docket has broadened his exposure to vastly different areas of the law including professional liability, product liability, maritime/admiralty issues involving property damage and personal injuries, complex issues involving oil and gas exploration and production both on land and offshore, as well as contractual interpretation and indemnity issues. Due to the variety of issues Mr. Poelma has handled from a litigation standpoint, Mr. Poelma is adept in both federal and state court practice.

As a direct result of working hand-in-hand with both domestic and foreign insurance carriers as well as domestic and international corporate clients, Mr. Poelma has developed a detailed understanding of the differences in the various markets and business practices. This knowledge and experience has allowed Mr. Poelma to establish excellent working relationships with his clients, adjusters and carriers with assorted backgrounds and goals.

Mr. Poelma’s accounting experience and background has provided a beneficial understanding of damage related issues when consulting with experts on both property damage issues and business interruption models from both the plaintiff and defense perspective. Based on the significant cases in which Mr. Poelma has been involved, this experience has proven a valuable asset in presenting the client’s case from the optimal perspective.

Obviously, most cases settle well before or during trial. Mr. Poelma has helped his clients obtain millions of dollars both in trial and in settlement, or helped defend against claims which could cripple a business from remaining a going concern. A list of representative cases and significant settlements are listed below:

Representative Cases

Cause No. 03-L 0109812; Citgo Petroleum Corporation, et al. v. McDermott International Companies, Inc., et. al.; Circuit Court of Cook County Illinois. Subrogation case in which Babcock and Wilcox, a subsidiary of McDermott International, manufactured a pipefitting for a Citgo Petroleum plant in Illinois which ruptured due to insufficient alloys resulting in a significant fire at the plant. Issues regarding contractual assumption of liabilities from Citgo’s predecessors were key issues with regard to Illinois’s 51% bar to recovery. Mr. Poelma’s involvement on the trial team included the preparation of plaintiff’s witnesses for trial, the preparation of pre-trial motions and responses (including assumption of liability issues), the preparation, coordination, and management of over 600 evidentiary items, and assisting in preparation of the trial strategy and structure for a 4 week trial. The jury awarded a verdict for plaintiff in excess of $385 million. The case settled prior to appeal

Cause No. 2005-34919; Underwriters at Lloyds, et al v. Edmond, Deaton & Stephens Ins. Agency; in the 165th District Court of Harris County, Texas. Agent made material misrepresentations on application. Sought payments made under policy following fire. Co-Lead Trial Counsel in 5-day trial.

Cause No. 06-3888; Lucy Hancock, et al. v. Barron Builders & Management Company, Inc.; In the United States District Court for the Southern District of Texas – Houston Division. Counsel for defendant in case involving accusations by three former employees of sexual harassment by president of company. Summary judgment granted in favor of Defendant and upheld on appeal to the United States 5th Circuit Court of Appeals.
Reported at 523 F.Supp.2d 571

AAA No. 70-114-00742-04; Harold Cody, et. al, v. Lone Star Pad Service, Inc., et al. Counsel for plaintiff in commercial litigation involving fraudulent business practices by a multi-state franchisor. As third-year law student, prepared case and co-chaired 3-day hearing. Award for Plaintiff.

Representative Settlements

As lead counsel for an international antiquities dealer, sought damages from national freight company when a truck load of 16th, 17th and 18th century antiques were destroyed in transit from New York auction house to retail center in New Orleans, Louisiana. Obtained settlement for 100% of claimed damages prior to trial.

As lead counsel for Swiss distributor of oil and gas pipeline products, obtained settlement from manufacturer of extruded anti-corrosion materials for damages resulting from the breach of supply agreement.

As lead counsel for local retailer asserting claims against its insurance carrier for improper claim settlement practices involving a dispute over the interpretation of a provision contained in the commercial liability policy: obtained a settlement for approximately $700,000.00 in additional losses covered by the policy. Representation of client also resulted in the insurance carriers revision to the company specimen policy for its entire line of commercial general liability policies.

Practices


Education

  • South Texas College of Law, 2005, with honors
  • Texas A&M University, Bachelor of Business Administration, Accounting, 2002

Jurisdictions Admitted to Practice

  • State of Texas
  • United States District Court for the Southern District of Texas
  • United States Bankruptcy Court for the Southern District of Texas
  • United States District Court for the Northern District of Texas
  • United States District Court for the Eastern District of Texas
  • United States District Court for the Western District of Texas
  • United States Court of Appeals - Fifth Circuit

Professional & Bar Association Memberships

  • State Bar of Texas
  • Houston Bar Association
  • American Bar Association
  • Houston Young Lawyers Association
  • National Association of Subrogation Professionals
  • Property Loss Research Bureau
  • Association for Corporate Growth – Houston
  • Aggie Real Estate Network

Awards & Honors

  • 2011 - Named by Texas Monthly Magazine as a Texas Rising Star (Business Litigation).
  • 2010 - Named by Texas Monthly Magazine as a Texas Rising Star (Business Litigation).
  • An honor afforded only the top 2.5% of qualified lawyers in the State of Texas.

 

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