Judith R. BlakewayJudith Blakeway Clark Hill
Judith R. Blakeway
Judith R. Blakeway represents clients in complex commercial litigation for matters such as securities fraud, lender liability, insurance bad faith, breach of contract, antitrust, deceptive trade practices, RICO, tortious interference, defamation, and more.
Judy also has more than 40 years of experience in secured transactions, patents, environmental claims, will contests, and more. 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.
- 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
- 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
- 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
- Obtained dismissal of $1 million claim brought by receiver of failed insurance company against insurance agency
- 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
- Defended and prosecuted claims for violations of noncompetes
- 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