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Brett D. Kutnick

Attorney

Hankinson LLP

HQ Phone:  (214) 754-9190

Direct Phone: (214) ***-****direct phone

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I agree to the Terms of Service and Privacy Policy. I understand that I will receive a subscription to ZoomInfo Community Edition at no charge in exchange for downloading and installing the ZoomInfo Contact Contributor utility which, among other features, involves sharing my business contacts as well as headers and signature blocks from emails that I receive.

Hankinson LLP

750 North St. Paul Street Suite 1800

Dallas, Texas,75201

United States

Company Description

Hankinson LLP, the pre-eminent civil appellate firm in the Southwest, provides clients with innovative legal insights and judicial perspective in all phases of litigation. The firm's attorneys work with trial teams to develop strategies designed to put a case ...more

Background Information

Affiliations

Texas Law Review

Member


The University of Texas School of Law

Member of the Texas Law Review, Chancellors


Education

B.B.A. degree

honors business and finance

The University of Texas


J.D.

The University of Texas School of Law


J.D.

University of Texas School of Law


Web References(89 Total References)


Brett Kutnick | Hankinson LLP

hankinsonlaw.com [cached]

Brett Kutnick
Archives: Brett Kutnick In a highly watched case regarding the duties owed by former property owners, Deborah Hankinson, Brett Kutnick, Rick Thompson, and Jennifer Stagen successfully represented Occidental Chemical Corporation and persuaded the Texas Supreme Court to reverse a $9.6 million negligence judgment awarded to a worker who... + read more Attorney: Brett Kutnick, Deborah Hankinson, Jennifer Rangel Stagen, Rick Thompson In a highly watched case regarding the duties owed by former property owners, Deborah Hankinson, Brett Kutnick, Rick Thompson, and Jennifer Stagen successfully represented Occidental Chemical Corporation and persuaded the Texas Supreme Court to reverse a $9.6 million negligence judgment awarded to a worker who was partially blinded by acid at a chemical plant years after Occidental's sale of the plant. Attorney: Brett Kutnick, Deborah Hankinson, Jennifer Rangel Stagen, Rick Thompson Brett Kutnick and Jennifer Stagen successfully represented Triad Electric and Controls, Inc. on appeal from a take-nothing judgment rendered in Triad's favor after a multi-week jury trial in which the plaintiff, MEMC Pasadena, Inc., sought over $25 million in lost profits allegedly sustained by MEMC's... + read more Attorney: Brett Kutnick, Jennifer Rangel Stagen Brett Kutnick and Jennifer Stagen successfully represented Triad Electric and Controls, Inc. on appeal from a take-nothing judgment rendered in Triad's favor after a multi-week jury trial in which the plaintiff, MEMC Pasadena, Inc., sought over $25 million in lost profits allegedly sustained by MEMC's polysilicon manufacturing facility from a power outage during the construction of an expansion project. After Brett Kutnick presented oral argument, the Court of Appeals for the Fourteenth District of Texas in Houston rejected MEMC's challenges to the legal and factual sufficiency of the evidence and the jury charge, concluded that the evidence supported the jury's findings that MEMC agreed to exclude consequential lost profits in its contract with Triad and was estopped from claiming otherwise, and held that the economic loss rule bars MEMC's recovery of negligence damages from Triad. The court therefore affirmed the trial court's judgment that MEMC take nothing from Triad. MEMC Pasadena, Inc. v. Riddle Power, LLC and Triad Electric and Controls, Inc., No. 14-13-00117-CV, ___ S.W.3d ___, 2015 WL 4628143 (Tex. App.-Houston [14th Dist.] Aug. 4, 2015, no pet. hist.). Attorney: Brett Kutnick, Jennifer Rangel Stagen Brett Kutnick and Stephanie Nelson successfully defended a take-nothing summary judgment rendered in favor of Hankinson LLP client, Whirlpool Corporation, in a recent products liability appeal in the U.S. Court of Appeals for the Fifth Circuit. Attorney: Brett Kutnick, Stephanie Dooley Nelson Brett Kutnick and Stephanie Nelson successfully defended a take-nothing summary judgment rendered in favor of Hankinson LLP client, Whirlpool Corporation, in a recent products liability appeal in the U.S. Court of Appeals for the Fifth Circuit. Attorney: Brett Kutnick, Stephanie Dooley Nelson Brett Kutnick led a team of Hankinson lawyers, including Deborah Hankinson, Joseph Morris, Jennifer Rangel Stagen, and Stephanie Nelson, in successfully representing the defendants in a petition for writ of mandamus seeking to set aside a trial court's order granting the plaintiffs a new trial... + read more Attorney: Brett Kutnick, Deborah Hankinson, Jennifer Rangel Stagen, Joseph Morris, Stephanie Dooley Nelson Brett Kutnick led a team of Hankinson lawyers, including Deborah Hankinson, Joseph Morris, Jennifer Rangel Stagen, and Stephanie Nelson, in successfully representing the defendants in a petition for writ of mandamus seeking to set aside a trial court's order granting the plaintiffs a new trial after a multi-week jury trial concerning the alleged breach of an attorney-client contingency fee agreement. Attorney: Brett Kutnick, Deborah Hankinson, Jennifer Rangel Stagen, Joseph Morris, Stephanie Dooley Nelson Brett Kutnick, Jennifer Rangel Stagen, and Joseph Morris successfully represented Medtronic, Inc. in a petition for writ of mandamus seeking to set aside a death penalty sanction for Medtronic's alleged improper contact with the opposing party's consulting expert. Attorney: Brett Kutnick, Jennifer Rangel Stagen, Joseph Morris Brett Kutnick, Jennifer Rangel Stagen, and Joseph Morris successfully represented Medtronic, Inc. in a petition for writ of mandamus seeking to set aside a death penalty sanction for Medtronic's alleged improper contact with the opposing party's consulting expert. Attorney: Brett Kutnick, Jennifer Rangel Stagen, Joseph Morris Deborah Hankinson, Brett Kutnick, and Jennifer Rangel Stagen successfully represented Eagle Oil & Gas Company ("Eagle Oil") in an appeal of a judgment after a jury trial awarding the plaintiff, TRO-X, L.P., over $8.2 million in damages and attorney's fees, based on alleged breaches of... + read more Attorney: Brett Kutnick, Deborah Hankinson, Jennifer Rangel Stagen Deborah Hankinson, Brett Kutnick, and Jennifer Rangel Stagen successfully represented Eagle Oil & Gas Company ("Eagle Oil") in an appeal of a judgment after a jury trial awarding the plaintiff, TRO-X, L.P., over $8.2 million in damages and attorney's fees, based on alleged breaches of a contract to acquire and dispose of oil and gas leases and interests. Attorney: Brett Kutnick, Deborah Hankinson, Jennifer Rangel Stagen Brett Kutnick and Jennifer Rangel Stagen successfully represented Jesse Marion in an appeal of a judgment after a jury trial awarding the plaintiff, Donnelley, L.P., over $578,000 in damages and attorney's fees based on an alleged breach of a mail processing agreement. Attorney: Brett Kutnick, Jennifer Rangel Stagen Brett Kutnick and Jennifer Rangel Stagen successfully represented Jesse Marion in an appeal of a judgment after a jury trial awarding the plaintiff, Donnelley, L.P., over $578,000 in damages and attorney's fees based on an alleged breach of a mail processing agreement. After Brett Kutnick presented oral argument, the Court of Appeals for the Fifth District of Texas in Dallas held that the trial court erred in piercing the corporate veil of Mr. Marion's mail processing company, Metroplex Mailing Services, LLC, and rendering judgment against Mr. Marion individually because there was no evidence to show that Mr. Marion used Metroplex to perpetrate an actual fraud for his direct personal benefit. Attorney: Brett Kutnick, Jennifer Rangel Stagen DALLAS - The Dallas-based appellate law boutique Hankinson LLP is proudly announcing that firm attorney Brett Kutnick has become Board Certified in Civil Appellate Law by the Texas Board of Legal Specialization. "There are tens of thousands of lawyers in Texas, but only 435 are... + read more Attorney: Brett Kutnick DALLAS - The Dallas-based appellate law boutique Hankinson LLP is proudly announcing that firm attorney Brett Kutnick has become Board Certified in Civil Appellate Law by the Texas Board of Legal Specialization. "That makes Brett part of a very select group and we're extremely proud of their accomplishment." To earn board certification, Mr. Kutnick was approved to take a six-hour written exam based on a demonstration of his unique appellate experience, passed the exam, and was screened by an extensive peer-review process. Mr. Kutnick utilizes his appellate expertise, extensive business background, and over 16 years of experience in Texas trial and appellate courts to bring substantial value to his clients at all stages of a lawsuit. With a focus on complex commercial litigation, Mr. Kutnick has successfully represented his clients before the Texas Supreme Court, the Texas courts of appeals, and the U.S. Court of Appeals for the 5th Circuit in a wide variety of matters, including contract disputes, business torts, legal malpractice claims, breach of fiduciary duty actions, and shareholder oppression cases. As a former litigator, he is in a unique position to anticipate the ways in which pretrial and trial issues affect the client's position in a potential appeal, and thus plays an integral role in shaping pretrial strategy and working with trial counsel to analyze complex procedural, jurisdictional, and evidentiary issues, draft jury charges and trial briefs, and preserve error. Attorney: Brett Kutnick Brett Kutnick and Jennifer Rangel Stagen successfully represented plaintiff Betty Lou Bradshaw, the holder of a nonparticipating royalty interest, in her appeal of the trial court's orders granting summary judgment to multiple defendants on her claims for breach of fiduciary duty, conspiracy, and a constructive... + read more Attorney: Brett Kutnick, Jennifer Rangel Stagen Brett Kutnick and Jennifer Rangel Stagen successfully represented plaintiff Betty Lou Bradshaw, the holder of a nonparticipating royalty interest, in her appeal of the trial court's orders granting summary judgment to multiple defendants on her claims for breach of fiduciary duty, conspiracy, and a constructive trust. After Brett Kutnick presented oral argument, the Court of Appeals for the Second District of Texas in Fort Worth held that the executive rights holder owed a fiduciary duty to Ms. Bradshaw and that genuine issues of material fact existed as to whether the executive rights holder breached its fiduciary duty to Ms. Bradshaw. Attorney: Brett Kutnick, Jennifer Rangel Stagen Brett Kutnick served as appellate counsel for a team of trial lawyers in defending Triad Electric and Controls, Inc. in a lawsuit filed by MEMC Pasadena, Inc. seeking over $25 million in lost profits and property damages allegedly sustained by MEMC's polysilicon manufacturing facility during... + read more Attorney: Brett Kutnick Brett Kutnick served as appellate counsel for a team of trial lawyers in defending Triad Electric and Controls, Inc. in a lawsuit filed by MEMC Pasadena, Inc. seeking over $25 million in lost profits and property damages allegedly sustained by MEMC's polysilicon manufacturing facility during the construction of an expansion project. After a multi-week jury trial, the 151st Judicial District Court of Harris County, Texas in Houston rendered a take-nothing judgment in Triad's favor. Mr. Kutnick was responsible for the jury charge, many of the significant legal and evidentiary issues that arose during the course of the trial, and all post-verdict motions. The case is currently being appealed by MEMC in the Court of Appeals for the Fourteenth District of Texas in Houston. MEMC Pasadena, Inc. v. Riddle Power, LLC and Triad Electric and Controls, Inc., No. 2008-11010, 151st Judicial District Court of Harris County, Texas. Attorney: Brett Kutnick Deborah Hankinson, Brett Kutnick, and Jennifer Stagen represented Occidental Petroleum Corporation and several of its subsidiaries in moving to vacate an arbitration award regarding the interpretation of a purchase and sales agreement. Attorney: Brett Kutnick, Deborah Hankinson, Jennifer Rangel Stagen Deborah Hankinson, Brett Kutnick, and Jennifer Stagen represented Occidental Petroleum Corporation and several of its subsidiaries in moving to vacate an arbitration award regarding the interpretation of a purchase and sales agreement. Attorney: Brett Kutnick, Deborah Hankinson, Jennifer Rangel Stagen Attorney: Brett Kutnick, Deborah Hankinson That honor follows Ms. Hankinson's appearance alongside fellow firm attorney Brett Kutnick in the 2012 edition of Texas' Top Rated Lawyers, which was distributed by the same Texas newspapers on March 30, 2012. Ms. Hankinson and Mr. Kutnick earned recognition from Texas' Top Rated Lawyers magazine based on peer ratings compiled by ALM and LexisNexis Martindale-Hubbell. Attorney: Brett Kutnick, Deborah Hankinson Brett Kutnick and Jennifer Stagen were principal members of the legal team that successfully represented Douglas Strebel in an appeal of a judgment after a jury trial awarding the plaintiff, a member of a Delaware limited liability company and a limited partner in a Texas limited... + read more Attorney: Brett Kutnick, Jennifer Rangel Stagen Brett Kutnick and Jennifer Stagen were principal members of the legal team that successfully represented Douglas Strebel in an appeal of a judgment after a jury trial awarding the plaintiff, a member of a Delaware limited liability company and a limited partner in a Texas limited partnership, nearly $3.5 million in lost distributions, attorney's fees, and interest based on alleged breaches of fiduciary duties by Strebel. Attorney: Brett Kutnick, Jennifer Rangel Stagen Brett Kutnick's article examined the formal and informal relationships that typically give rise to fiduciary duties, the consequences that flow from the existence of a fiduciary duty, and the remedies that are generally available in fiduciary duty cases. Because "fiduciary" concepts remain amorphous under the... + read more Attorney: Brett Kutnick Brett Kutnick's article examined the formal and informal relationships that typically give rise to fiduciary duties, the consequences that flow from the existence of a fiduciary duty, and the remedies that are generally available in fiduciary duty cases. Because "fiduciary" concepts remain amorphous under the law, his presentation in Dallas and Houston focused on the traps for both plaintiffs and defendants in fiduciary duty actions. View the pdf here. Attorney: Brett Kutnick In a second appeal involving the same lawsuit, Brett Kutnick was a principal member of the legal team that successfully represented Martin K. Eby Construction Company in its negligent misrepresentation suit against LAN/STV, an architect and engineer that prepared faulty construction plans and drawings for... + read more Attorney: Brett Kutnick In a second appeal involving the same lawsuit, Brett Kutnick was a principal member of the legal team that successfully represented Martin K. Eby Construction Company in its negligent misrepresentation suit against LAN/STV, an architect and engineer that prepared faulty construction plans and drawings for an extension of the DART rail project. Attorney: Brett Kutnick Brett Kutnick and Rick Thompson were principal members of the legal team that successfully represented a partner in a major Texas law firm who was sanctioned by a trial court for allegedly accusing opposing counsel of suborning perjury and ordered to purchase a half-page apology... + read more Attorney: Brett Kutnick, Rick Thompson Brett Kutnick and Rick Thompson were principal members of the legal team that successfully represented a partner in a major Texas law firm who was sanctioned by a trial court for allegedly accusing opposing counsel of suborning perjury and ordered to purchase a half-page apology in the Texas Lawyer. Attorney: Brett Kutnick, Rick Thompson Ruling in favor of Deborah Hankinson's and Brett Kutnick's client, Occidental Petroleum, the Court of Appeals affirmed the trial court's decision to vacate an arbitration award. Attorney: Brett Kutnick, Deborah Hankinson Ruling in favor of Deborah Hankinson's and Brett Kutnick's client, Occidental Petroleum, the Court of Appeals affirmed the trial court's decision to vacate an arbitration award. Attorney: Brett Kutnick, Deborah Hankinson Brett Kutnick was the principal author of the appellate briefs in a well-publicized case involving shareholder oppression in which the Court of Appeals for the Fifth District of Texas upheld a judgment in favor of the firm's client, Ann Rupe, based on the jury's finding... + read more Attorney: Brett Kutnick Attorney: Brett Kutnick Brett Kutnick and Jennifer Rangel Stagen were two of the lawyers who represented defendants Hampden Corporation and Fantasy Diamond Corporation in an appeal of a judgment after a bench trial awarding the plaintiff over $750,000 in damages for breach of a commission agreement. Attorney: Brett Kutnick, Jennifer Rangel Stagen Brett Kutnick and Jennifer Rangel Stagen were two of the lawyers who represented defendants Hampden Corporation and Fantasy Diamond Corporation in an appeal of a judgment after a bench trial awarding the plaintiff over $750,000 in damages for breach of a commission agreement. Attorney: Brett Kutnick, Jennifer Rangel Stagen Brett Kutnick was part of the team that successfully represented defendants Paul Williams and Hughes-Roth Financial Group in an appeal of a no-answer default judgment awarding the plaintiff Nexplore Corporation over $300,000 in damages and attorney's fees and the right to cancel Williams's 10 million... + read more Attorney: Brett Kutnick Brett Kutnick was part of the team that successfully represented defendants Paul Williams and Hughes-Roth Financial Group in an appeal of a no-answer default judgment awarding the plaintiff Nexplore Corporation over $300,000 in damages and attorney's fees and the right to cancel Williams's 10 million shares of stock in Nexplore valued at approximately $7 million. Attorney: Brett Kutnick Brett Kutnick


Appellate Attorney from Dallas’ Hankinson LLP Honored in Texas Rising Stars List | Hankinson LLP

hankinsonlaw.com [cached]

Brett Kutnick
DALLAS - The Dallas-based appellate law boutique Hankinson LLP is pleased to announce that firm attorney Brett Kutnick again has earned a place on the list of Texas Rising Stars, which honors the state's top young lawyers. The 2010 Texas Rising Stars selections are based on nominations from fellow attorneys who previously were honored on the prestigious Texas Super Lawyers list. Selection is limited attorneys age 40 and under and those who have been practicing law a decade or less. Overall, only 2.5 percent of eligible Texas attorneys earn the Rising Stars honor each year. Mr. Kutnick has earned a spot on the prestigious list six times in his legal career. The 2010 Texas Rising Stars list will be published in the May edition of Texas Monthly magazine. Mr. Kutnick has a strong business background and business litigation experience. He has successfully handled complex business litigation at the trial-court and appellate levels, including contract disputes, business torts, legal malpractice, and breach of fiduciary duty claims. He is a graduate of The University of Texas School of Law, where he was a member of the Texas Law Review, Chancellors, Order of the Coif, and the Legal Research Board. Mr. Kutnick earned his B.B.A. degree in honors business and finance from The University of Texas. Hankinson LLP, the preeminent civil appellate firm in the Southwest, provides clients with innovative legal insights and judicial perspective in all phases of litigation. The firm's attorneys work with trial teams to develop strategies designed to put a case in the best position before, during and after trial. Hankinson LLP represents national clients, regional companies, governmental bodies and individuals with trial and appellate matters, and offers mediation and arbitration services as well. Learn more about the firm at http://www.hankinsonlaw.com. Attorney: Brett Kutnick Brett Kutnick


Business Appeals-Financial Industry Appeals | Hankinson LLP

hankinsonlaw.com [cached]

Brett Kutnick | + read more
Business Appeals-Financial Industry Appeals | Hankinson LLP Brett Kutnick Brett Kutnick Brett Kutnick Brett Kutnick t. 214 754 9166 f. 214 754 9140 Brett Kutnick is the Managing Partner at Hankinson LLP. His practice emphasizes all aspects of appellate law and involvement at all stages of a lawsuit. At the trial court level, Brett combines his appellate expertise with his previous experience as a litigator to help clients craft legal strategies that focus on the end result while preserving error. Brett's extensive appellate background includes representing clients and arguing appeals before Texas appellate courts, handling Texas Supreme Court proceedings, and participating in appeals before the Fifth Circuit Court of Appeals. Brett also has significant experience in interlocutory appeals and mandamus proceedings that frequently involve complex procedural, jurisdictional, and evidentiary issues. He is also Board Certified in Civil Appellate Law by the Texas Board of Legal Specialization. Brett has assisted his clients in achieving successful resolutions of their appeals in a wide variety of matters, including: the reversal of a temporary injunction order that prohibited his clients from terminating management agreements with the plaintiff; the reversal of a $61 million judgment and rendition of a take-nothing judgment based on a jury verdict that a national department store breached a bond indenture by prematurely redeeming corporate bonds held by a number of institutional investors; and the affirmance of summary judgment granting specific performance in favor of a plaintiff-real estate purchaser and reversal of that part of the trial court's judgment barring the purchaser from also recovering damages attributable to the seller's delay in performing the contract. Brett received his undergraduate B.B.A. degree in honors business and finance from the University of Texas at Austin, graduating with highest honors in 1993. He graduated first in his business school class and brings substantial value to business disputes and financial industry appeals. His experience at the trial court level and at the appellate court level, which includes commercial cases and business appeals, has featured contract disputes, business torts, legal malpractice, breach of fiduciary duty claims, shareholder oppression, and intellectual property rights. He has represented clients ranging from national department stores, manufacturers, real estate developers, and construction firms to corporate officers and directors to law firms. Brett received his J.D. from the University of Texas School of Law, graduating with high honors in 1996. He was a member of the Texas Law Review, Chancellors (the law school's most prestigious honor society, which recognizes the sixteen law students who have achieved the highest grade point averages in their class through their second year), and Order of the Coif. He also was a member of the Legal Research Board, a student-run research organization that invites the top five legal writers from each of the four first year law school sections. Brett Kutnick Co-Authors a Paper on Punitive Damages that is Presented at the 18th Annual Advanced Civil Appellate Practice Course Brett Kutnick Co-Publishes a Paper on Texas Contort Law that is Presented at the Dallas Bar Association Business Section Meeting Brett Kutnick


$61 Million Judgment for Breach of Bond Indenture Reversed and Rendered on Appeal | Hankinson LLP

hankinsonlaw.com [cached]

Brett Kutnick
Brett Kutnick was a principal member of the legal team that represented Sears, Roebuck and Co. in the appeal of a $61 million judgment based on a jury verdict that Sears breached a bond indenture by prematurely redeeming corporate bonds held by a number of institutional investors. The Dallas Court of Appeals sustained Sears' no evidence challenge because the investors failed to present any evidence of breach, and thus reversed and rendered a take-nothing judgment against the investors. After Sears responded to the investors' petition for review, the Texas Supreme Court denied the petition. Sears, Roebuck and Co. v. AIG Annuity Ins. Co., 270 S.W.3d 632 (Tex. App.-Dallas 2008, pet. denied). Attorney: Brett Kutnick Brett Kutnick Featured Attorney Brett Kutnick Brett Kutnick's background as a former trial lawyer, combined with his business aptitude and analytical prowess, provide deep value to his appellate clients. He excels at deftly managing complex scenarios and challenging procedural and evidentiary issues at both the trial and appellate level. Brett Kutnick


Judgment on Breach of Contract and Misappropriation of Trade Secret Claims Reversed and Rendered on Appeal, and Judgment in Favor of Counterclaimant Affirmed | Hankinson LLP

hankinsonlaw.com [cached]

Brett Kutnick
Brett Kutnick was a principal member of the legal team that represented defendant/counter-plaintiff Impact Equity and its two owners in their appeal of judgment rendered in favor of the plaintiff for breach of a confidentiality agreement and misappropriation of trade secrets and in the plaintiff's cross-appeal of a judgment rendered in Impact Equity's favor on a claim for breach of a fee agreement. The Dallas Court affirmed the judgment in favor of Impact Equity on its breach of contract claim and reversed and rendered judgment that the plaintiff take nothing on its claims. Calce v. Dorado Exploration, Inc., 309 S.W.3d 719 (Tex. App.-Dallas 2010, no pet.). Attorney: Brett Kutnick Brett Kutnick Featured Attorney Brett Kutnick Brett Kutnick's background as a former trial lawyer, combined with his business aptitude and analytical prowess, provide deep value to his appellate clients. He excels at deftly managing complex scenarios and challenging procedural and evidentiary issues at both the trial and appellate level. Brett Kutnick


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