Derek QuickDerek Quick Clark Hill
Derek Quick concentrates his practice on civil litigation and has experience defending and prosecuting a wide variety of matters in both state and federal court, including contractual disputes, premises liability, product liability, trademark, regulatory matters, administrative appeals, fiduciary duty claims, and other commercial disputes. Derek also has experience litigating administrative matters and regulatory approvals, including before the Public Utility Commission of Texas and the Texas Commission on Environmental Quality, as well as contested cases at the State Office of Administrative Hearings on referrals from various state agencies.
During law school, Derek served as an Associate Editor on the Texas Law Review, and he interned for Justice Harriet O’Neill at the Texas Supreme Court. After graduation, Derek clerked for United States Magistrate Judge Andrew Austin, Western District of Texas, Austin Division, prior to joining Strasburger (now Clark Hill Strasburger).
General litigation matters
- Obtained dismissal of lawsuit asserting product liability claims against manufacturer of food processing equipment.
- Obtained full defense verdict in bench trial involving property boundary dispute and successfully defended verdict on appeal to the Third Court of Appeals.
- Obtained summary judgment for defendant in suit asserting claims for tortious interference, conversion, and conspiracy.
- Obtained summary judgment in companion suits asserting constitutional claims and negligence against a supervisor stemming from alleged assaults by a prison counselor.
- Obtained favorable settlement in trademark suit brought by client in which the defendant agreed to cease using allegedly infringing mark.
- Obtained temporary restraining order against client’s former employee based on non-compete agreement.
- Obtained favorable settlements for clients in product liability actions seeking significant damages for injuries and property damage resulting from allegedly defective products.
- Served as second chair in obtaining successful defense verdict in jury trial involving claims of fraud, breach of fiduciary duties, and breach of contract.
- Defended multiple retail clients against wrongful death claims based on theories of premises liability and negligence.
- Represented clients in trademark dispute proceedings, including in federal court and before the Trademark Trial and Appeal Board.
Healthcare related matters
- Defended appeal of a Medical Fee Dispute Resolution decision before the State Office of Administrative Hearings.
- Defended numerous healthcare providers in litigation alleging professional malpractice.
- Defended health device manufacturer against allegations that product contributed to death of minor.
- Defended physician in lawsuit challenging improper peer review.
- Defended physician in malpractice action and petitioned to obtain Scope of Employment Certification under 28 U.S.C. § 2679(d)(3) demanding the government substitute in for the physician under the FSHCAA.
Energy related matters
- Represented independent transmission company in multi-jurisdictional regulatory approval matter.
- Represented several wind farm “qualifying facilities” in pricing dispute with host utility under the Public Utility Regulatory Policies Act of 1974 in a series of related cases litigated at the Public Utility Commission of Texas, Travis County District Court, the Third Court of Appeals, the U.S. District Court for the Western District of Texas, and the U.S. Court of Appeals for the Fifth Circuit.
- Advice and counsel on a variety of electric utility law issues to a number of different market participants, including industrial and other large electric customers, electric cooperatives, municipal utilities, and independent transmission companies.
- Represented landowners in multiple transmission line routing cases before the Public Utility Commission of Texas.
- Obtained dismissal of claims alleging improper failure to pay landowner for share of production and proceeds from oil and gas activities.
- Defended wind turbine manufacturer against warranty claims in subrogation action by insurer.