Mikhail "Misha" Paltiyevich
Misha Paltiyevich assists clients in maritime, transportation, and commercial litigation matters.
Misha advises clients in a wide variety of complex litigation issues, including contract and business tort disputes, trade secrets, construction defect actions, toxic tort, and all types of personal injury cases. Misha also defends automotive manufacturers in product liability and consumer actions.
Misha also regularly advocates for vessel owners and operators in personal injury claims by seamen, longshoremen, and other workers within admiralty jurisdiction, as well as from claims arising from vessel collisions, cargo damage, and charter party disputes. Misha is a member of Clark Hill’s Emergency Maritime Response (“EMR”) Team.
Misha is part of the Hague Convention Attorney Network, an all-volunteer national attorney network maintained by the U.S. Department of State, which assists in the civil aspects of international child abduction. Network attorneys represent applicant-parents in incoming Hague Convention return and access cases in the United States on a pro bono or reduced fee basis.
Named among Best Lawyers: Ones to Watch in Construction Law; Commercial Litigation by Best Lawyers (2022)
Houston Mariners Club, Board Member
University of Houston Law Center’s John R. Brown Admiralty Moot Court Team, Director and Coach
State Bar Licenses
- Defends marine transportation companies and their offshore insurance carriers in personal injury/Jones Act litigation.
- Routinely represents both plaintiffs and defendants, ranging from small businesses to Fortune 500 companies, on complex contract disputes, warranty claims, and business torts.
- Captive counsel for luxury automotive manufacturer for Texas Lemon law claims.
- Secured summary judgment for automotive manufacturer on claims brought pursuant to the Magnuson Moss Warranty Act and the Deceptive Trade Practices Act.
- Trial counsel for the largest domestic tug and barge company following collision and oil spill with tanker in the Galveston Bay. Secured complete exoneration from liability for client and awarded $17M verdict on affirmative claims.
- Represented a vessel owner in various matters arising out of a large collision and oil spill; including representing owner’s interests in investigations by the NTSB, USCG, Texas GLO and other agencies.
- Handled large allision matter involving the destruction of an oil terminal’s dock and heavy lift equipment; matter settled before commencement of litigation on terms highly favorable to vessel owner client.
- Represented oil-field operator and drilling contractor in defense of catastrophic personal injury claims, resulting in summary judgment dismissal of all premises liability and negligence claims for both clients Negotiated favorable pre-litigation settlement arising from a breach of a charter agreement and associated warranty claims.
- Assisted shipyard client in the arrest and sale of pipe-laying vessel to recover substantial unpaid berthage fees, including creating new favorable precedent for parties acting in the role of substitute custodian.
- Substantial experience involving Limitation of Liability actions under 46 U.S.C. 181, et seq., maritime attachment (Rule B), and vessel arrest (Rule C) actions.
- Assists clients in responding to vessel collisions and allisions, maritime casualties, pollution incidents, and other shipboard and offshore emergency investigations.
- Obtained Rule 12(b)dismissal in favor of terminal operator on the basis of a 933(i) borrowed employee defense on longshoreman’s injury claim.
- Obtained summary judgment in federal court in favor of carrier on substantial Carmack Amendment claim.
- Obtained favorable settlement in favor of logistics broker in case involving multiple fatalities as a result of a trucking accident.
- Counsel on $500M merger of two global shipping lines; entailing the transfer of all multi-purpose and heavy-lift assets and operating entities with worldwide offices into the joint venture.
- Obtained permanent injunction in favor of a nationwide car rental agency against franchisee involving a trademark infringement and breach of contract claim.
- Drafted terms and conditions of ticket contract for luxury excursion cruise liner.
- Obtained significant settlement of a non-compete claim for regional physicians’ practice.