John A. Buckley, Jr.

409-797-3230
jbuckley@greerherz.com

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Practice Areas

Civil Litigation

John A. Buckley, Jr. is a partner in the Bay Area Houston office of Greer, Herz & Adams, L.L.P.  He concentrates on civil litigation.  He has tried numerous cases to verdict in the State and Federal Courts of Texas and Arkansas.

John has been involved in numerous disputes involving commercial and residential construction defects, real property disputes and business transactions.  He has represented parties on both sides of disputes involving deceptive trade practices and insurance code violations.   John has represented parties in fiduciary disputes arising out of Probate and Guardianship proceedings.  John also represents clients in personal injury cases.

In connection with his work for the clients in these matters, he has been involved in all aspects of pre-trial, trial and appeal. His experience includes taking and defending depositions of fact and expert witnesses, drafting and arguing dispositive motions, and trying the case from voir dire to verdict and post judgment matters.  

Certifications

  • Board Certified in Civil Trial Law by the Texas Board of Legal Specialization

 Education

  • The University of Texas School of Law – J.D., 1976
  • University of Houston – B.A. and B.S., magna cum laude, 1973

 Admissions

  • Texas
  • Arkansas
  • United States District Court for the Northern District of Texas
  • United States District Court for the Southern District of Texas
  • United States District Court for the Western District of Texas
  • United States District Court for the Eastern District of Arkansas
  • United States District court for the Western District of Arkansas

 Professional Activities and Memberships

  • University of Houston Law Center, Adjunct Professor, Pre Trial Litigation
  • National Institute of Trial Advocacy (NITA), Faculty Member
  • State Bar of Texas
    • District 5B Grievance Committee (1998-2000), Chair (1999-2000)
    • Construction Law Committee
    • Consumer and Commercial Law Committee
    • Health Law Committee
    • Insurance Law Committee
  • Galveston County Bar Association
    • President (1999-2000)
    • Board of Directors (1997-1999)
  • Houston Bar Association
  • Bay Area Bar Association
  • Arkansas Bar Association
  • Defense Research Institute
    • Life, Health & Disability Committee
    • Health Law Committee
    • Construction Law Committee
  • Texas Bar Foundation, Life Fellow

Representative Cases

Appeals

Southwestern Bell Telephone Co. v. DeLanney, 809 S.W.2d 493 (Tex. Mar 06, 1991) (NO. C-8282), rehearing of cause overruled (Jun 19, 1991)

Texas Supreme Court reverses Trial and Court of Appeals and renders judgment that you cannot make a DTPA claim out of a breach of contract claim.

Robertson v. Odom, 296 SW3d 151 (Tex.App.-Houston [14th Dist], 2009)

Court of Appeals affirms jury verdict and judgment that seller did not misrepresent condition of home in sale

Osborne v. Coldwell Bankers United Realtors, note reported in SW3d, 202 WL 1480894 (Tex.App.-Houston {1 Dist] 2002)

Court of appeals reverses Trial Court’s Summary Judgment and remands for trial, finding there were genuine issues of fact regarding misrepresentation in the sale of a home to the Osbornes

Northwinds Abatement, Inc. vs. Employers Insurance of Wausau, 70 F. Supp. 2d 699 (SD Tex 1999)

US Magistrate enters judgment for damages and attorney’s fees to employer whose workers compensation rates and safety rating were adversely affected when workers comp carrier improperly investigated and paid fraudulent comp claims.

University of Texas Medical Branch v. York, 808 SW2d 106 (Tex.App.-Hous [1st Dist.] 1991, reversed 871 SW2d 175 (Tex. 1994), 89 Ed. Law Rep. 1025.

Texas Supreme Court reverses trial Court and Appellate Judgment awarding patient whose hip was fractured during physical therapy and went undiagnosed for weeks.  Court renders judgment for UTMB that failure to record the event and the misreading of the charts cannot provide a basis for liability in light of sovereign immunity

Trials

Commercial Cases

Cause No. 02-CV-0244; Dranson Charlie Pham v Chris Kennedy, Kennedy Ship & Repair, L.P., and Bayou Leasing, Inc.; In the 56th District Court of Galveston County, Texas

Secured verdict for ship builder in excess of $1M for the improper rejection by Buyer of specially manufactured boats.

Civil Action No. 3:12-CV-218; Alltec Lifting Systems, LLC, v Arkansas-Oregon Pneumatics, Inc., In The United States District Court For The Southern District of Texas, Galveston Division

Defended against claims that fabricator it had improperly constructed device for use in NASA project.  Settled under confidential terms.

Cause No. 2006-72253; Jerald “Dan” Markman v American National Insurance Company, et al; In The 113th Judicial District Court of Harris County, Texas

Represented Company against claims it had improperly terminated the agency agreement.  Summary Judgment against Plaintiff granted.

Cause No. 09CV1999; Clayton E. Hazzard v Darryl A. Schroeder, et al, In The 405th Judicial District Court of Galveston County, Texas

Secured a Preliminary Injunction permitting ousted business partner to take back over the business. Case settled under confidential terms.

Cause No. 13CV0688; Minnich Enterprises, LLC v Joseph Fairley and Don Toothman; In The 56th Judicial District Court of Galveston County, Texas

Secured Preliminary Injunction against former employees for Breach of Non-Disclosure and Non-Competition Agreement.  Case settled under confidential terms

DTPA/Ins. Code

Cause No. 00CV0215; Wendell and Neida Cifre, As Next Friend of Beatrice Cifre, A Minor v Kathleen Mccormick, Scott Michael Pojar, and Brenda Pojar; In the 56th District Court of Galveston County, Texas  

Represented insured driver in a Stowers claim against his own insurer which had refused to settle the claim of a passenger whose injuries resulted in paraplegia.  Settled under confidential terms.

Personal Injury Cases

Cause No. 95CV1371; David Morgan and Anna Renee Morgan v Houston Lighting and Power Company; In the 56th Judicial District Court of Galveston County, Texas

Represented contractor who was electrocuted.  Settled under confidential terms.

Cause No. 2001-39688; Thomas Michael Lee and Donna Lee v. Medical Clinic of Houston, L.L.P., Diagnostic Clinics of Houston, P.A., Dr. Theresa Viceroy, and Dr. Robert A. Johnston, in the 129th Judicial District Court of Harris County, Texas

Represented widow in claim of failure to timely diagnose coronary artery disease resulting in fatal heart attack and contraction of West Nile during transplant surgery.  Settled under confidential terms.

Cause No.  69,137-A; Estate of John Anthony Hardy, Deceased, Michelle Marie Hardy, Individually and As of Independent Executrix Of The Estate Of John Anthony Hardy, Deceased and Melissa Marie Hardy v Archer Daniels Midland Company D/B/A ADM Grain Co.; In the Probate Court of Galveston County, Texas

Represented widow in punitive damage claim against operator of grain elevator where conveyor started without warning horns crushing a worker.  Settled under confidential terms.

Life memberships

  • Rocky Mountain Elk Foundation
  • National Rifle Association