Blakeway judy web

Judith R. Blakeway

Member
Office

San Antonio

2301 Broadway Street
San Antonio, TX 78215
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Fax: 210.258.2706
Education
J.D., with Honors, University of Texas School of Law, Austin, Texas, 1977, Order of the Coif; Texas Law Review, Legal Research Board
B.A., summa cum laude, Trinity University, San Antonio, Texas, 1974, Phi Beta Kappa
State Bar Licenses
Texas
Court Admissions
U.S. District Ct., E.D. of Texas
U.S. District Ct., N.D. of Texas
U.S. District Ct., S.D. of Texas
U.S. District Ct., W.D. of Texas
U.S. Court of Appeals, 5th Circuit
U.S. Court of Appeals, 11th Circuit
U.S. Supreme Court

Judith R. Blakeway

Member

Judith R. Blakeway is a Member in Clark Hill Strasburger's litigation practice. She has over 39 years of experience in complex commercial litigation, including securities fraud, lender liability, insurance bad faith, breach of contract, antitrust, deceptive trade practices, RICO, tortious interference, defamation, sales, secured transactions, leases, shareholder derivative actions, covenants not to compete, misappropriation of trade secrets, usury, patents, environmental claims, will contests and contested proceedings in probate court, assault, false imprisonment, dram shop, malicious prosecution, fraud, conversion, invasion of privacy, intentional infliction of emotional distress and fraudulent conveyance. Judy has participated in class actions and multi-district litigation.

In addition to her trial practice, Judy has an active appellate practice, focusing on civil appeals in Texas state and federal courts of appeal. Her practice includes not only direct appeals, but also writs of mandamus, preservation of error at trial, preparing and presenting dispositive motions, arguing evidentiary motions, preparing and objecting to jury charges, and post-verdict motions for judgment or new trial. She assists trial lawyers with briefing legal issues for pretrial and trial hearings. She has obtained and defeated discretionary review in the Texas Supreme Court and defeated discretionary review in the Supreme Court of the United States. She draws on her extensive trial and appellate experience to provide strategic counseling to clients across a diverse range of industries.

Judy has participated in many mediations in state and federal court, as a mediator and as an advocate. She has also participated in several arbitrations including before the NASD and CFTC. Judy currently serves as Chair of Strasburger's antitrust practice.

EXPERIENCE 

ANTITRUST

  • Obtained settlement of $100 million antitrust case against a long distance telephone company for allegedly conspiring to monopolize the market for long distance service in Mexico

COMMERCIAL LITIGATION

  • Served as co-lead counsel on a team of lawyers that reached hundreds of millions of dollars in settlements for the more than 18,000 victims of the notorious Ponzi scheme of jailed financier Allen Stanford.
  • On behalf of a creditor who obtained a $3.5 million judgment, successfully prosecuted a fraudulent transfer claim against the owners of a company that dissolved and distributed its assets to themselves and thence to offshore trusts

FINANCIAL INSTITUTIONS

  • Obtained settlement of lender liability claim in which plaintiff sought to cancel $17 million debt and to recover $22 million for destruction of business

FRANCHISE & DISTRIBUTION

  • Defended franchisor against claims for breach of contract, breach of fiduciary duty, breach of duty of good faith and fair dealing, civil conspiracy, tortious interference, DTPA, price fixing, fraudulent inducement, defamation and business disparagement by franchisee who purchased or built 19 restaurants and entered into area development agreement and who claimed franchisor was using quality, service, cleanliness and compliance (QSCC) evaluations to drive franchisee out of business, seeking $6 million in damages, and prosecuted counterclaim for breach of contract for failure to pay royalties and advertising contributions

INSURANCE LITIGATION

  • Obtained dismissal of $1 million claim brought by receiver of failed insurance company against insurance agency

INTELLECTUAL PROPERTY

  • Obtained settlement of suit by firm that provided kit designs for automotive paint and headlamp protection and window film via web-based proprietary software against a competitor asserting copyright infringement, violations of Digital Millennium Copyright Act, fraud, tortious interference, unfair competition, false advertising and misuse of proprietary information

LIBEL & SLANDER

  • Defended newspaper and television and radio stations in actions for defamation, negligence, invasion of privacy, intentional infliction of emotional distress arising from allegedly false publications

NONCOMPETES

  • Defended and prosecuted claims for violations of noncompetes

TELECOMMUNICATIONS

  • Handled arbitration of claims against long distance carrier for breach of contract, breach of covenant of good faith and fair dealing, and tortious interference with business relations seeking damages of $20 million and prosecuted counterclaim for $37 million for failure to pay for services

APPEALS - Selected Cases (2000 - present)

Fifth Circuit Court of Appeals

  • Roland v. Green, 675 F.3d 503 (5th Cir. 2012). In case arising out of notorious Stanford Ponzi scheme, obtained reversal of federal court judgment dismissing under the Securities Litigation Uniform Standards Act class actions against a law firm and insurance broker for Stanford entities
  • City of Shoreacres v. Waterworth, 420 F.3d 440 (5th Cir. 2005). Represented city in appeal under National Environmental Policy Act and Clean Water Act seeking rescission of a permit issued by the Army Corps of Engineers for construction of a cargo and cruise ship terminal adjacent to the Bayport Shipping Channel off Galveston Bay.
  • Texas Commercial Energy v. TXU Energy, Inc., 413 F.3d 440 (5th Cir. 2005), cert. denied, 546 U.S. 1091, 126 S.Ct. 1033, 163 L.Ed.2d 855 (2006). Affirmance of dismissal of antitrust action against independent service organization that was alleged to have conspired with utilities to monopolize the electricity market in Texas
  • Travelers Cas. & Sur. Co. of America v. Baptist Health Sys., 313 F.3d 295 (5th Cir. 2002). Complete reversal of $876,545 summary judgment against insurer on contract claim. Ms. Blakeway helped convince the Fifth Circuit that provisions in policies covering losses resulting directly from "forgery" or alteration of "covered instruments" that were made or drawn on the insured or its agent did not apply to losses incurred when the insured paid fraudulent invoices submitted by a vendor
  • Access Telecom, Inc. v. MCI Telecommunications Corp., 197 F.3d 694 (5th Cir. 2000), cert. denied, 531 U.S. 917, 121 S.Ct. 275, 148 L.Ed.2d 200 (2000). Represented MCI in appeal of summary judgment arising out of disconnection of toll-free telephone numbers sold by MCI to ATI which resold them to long distance customers in Mexico. The reseller alleged claims of breach of contract, negligent misrepresentation, promissory estoppel, tortious interference with contract, and state and federal antitrust violations. The case was reversed and remanded

Texas Supreme Court

  • Ben Bolt-Palito Blanco Consol. Indep. Sch. Dist. v. Texas Political Subdivisions Property/Casualty Joint Self-Insurance Fund, 212 S.W.3d 320 (Tex. 2006). Obtained a ruling from the Texas Supreme Court that self-insurance funds are distinct governmental entities entitled to immunity

Publications

  • Cattle Rustling, Blackmail, and Punitive Damages in Texas, Strasburger Trial & Error Blog (September 2017)
  • Texas Supreme Court Announces New Rule for Exemplary Damages, Strasburger Trial & Error Blog (June 2017)
  • Texas Supreme Court Announces E-Discovery Guidelines, Strasburger Trial & Error Blog (June 2017)
  • House Amends Class Action & Fraudulent Joinder Statutes, Strasburger Trial & Error Blog (March 2017)
  • In 2016 the Texas Supreme Court Continues to Favor Arbitration, Strasburger Trial & Error Blog (January 2017)
  • Fifth Circuit Enforces Forum Selection Clause in Diversity Case, Strasburger Trial & Error Blog (November 2016)
  • Forum Selection Clauses Enforceable by Mandamus, Strasburger Trial & Error Blog (Octoberæ2016)
  • Fifth Circuit Green Lights Remand of Red Light Case, Strasburger Trial & Error Blog (May 2016)
  • TCPA Attorney's Fees Must be Reasonable, Not Just or Equitable, Strasburger Trial & Error Blog (April 2016)
  • When Does Postjudgment Interest Start to Accrue?, Strasburger Trial & Error Blog (October 2015)
  • Procedural Rulings from Supreme Court's 2014-2015 Term, Strasburger Trial & Error Blog (October 2015)
  • The Texas Supreme Court Holds that Statutory Cap on Exemplary Damages Need Not be Pleaded, Strasburger Trial & Error Blog (July 2015)
  • Fifth Circuit Holds That Evidence Adduced at a Default Judgment 'Prove Up' Hearing Cannot Cure a Deficient Complaint, Strasburger Trial & Error Blog (April 2015)
  • Texas Supreme Court Holds That Limitations Not Tolled as a Matter of Law Where Publicly Filed Records Are Not Conclusive, Strasburger Trial & Error Blog (February 2015)
  • Fifth Circuit Holds That When Less Than All Defendants are Parties to a Forum Selection Clause, a District Court Should Sever and Enforce the Clause, Strasburger Trial & Error Blog (January 2015)
  • Did the Supreme Court Make the Right Choice (of Law)?, Strasburger Trial & Error Blog (November 2014)
  • Texas Supreme Court Reverses One of the Highest Sanctions Awards in Texas History, Strasburger Trial & Error Blog (October 2014)
  • How Late is Too Late for Objections to the Charge? Strasburger Trial & Error Blog (October 2014)
  • New Federal Rule of Civil Procedure 45: Subpoenas Simplified, Strasburger Trial & Error Blog (January 2014)
  • Remand Order Cannot Be Appealed, Fifth Circuit Says, Strasburger Trial & Error Blog (December 2013)
  • Songwriters' Twice Dismissed Suit Born Again Under FRCP 60, Strasburger Trial & Error Blog (October 2013)
  • Co-author.The Patent Infringement Litigation Handbook: Avoidance and Management, ABA Publishing (2010)

Media

Awards/Achievements
Named among Best Lawyers in America - Antitrust Law, Commercial Litigation, Litigation- Antitrust, Litigation- Intellectual Property by Best Lawyers (2011-2018)
Named Texas Super Lawyer by Thomson Reuters (2011-2017)
Named among the Best Lawyers in Appellate and Business Litigation by San Antonio Scene Magazine (2012-2015)
Named as one of The San Antonio Business Journal's Outstanding Lawyers (2012)
Membership
Texas Bar Foundation, Fellow
San Antonio Bar Foundation, Fellow
Civil Justice Reform Act Advisory Committee, Member
Federal Bar Admissions Committee, Chair (1988-1989), MemberĀ¾(1986-1989)
San Antonio Bar Association, Member
Association of Attorney Mediators, Member
American Arbitration Association, Arbitration Panel
Bexar County Presuit Mediation Program, Mediator
Family Violence Prevention Services a/k/a the Battered Women and Children's Shelter, Board of Directors
Women in Medicine & the Law for the Susan G. Komen Foundation, Co-founder
Texas Law Review Association Board, former Member