Experienced trial and appellate representation

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Brian S. Humphrey

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Representative Appellate Cases

  • Harris County v. Harris County Appraisal District, No. 01-16-00389-CV (Tex. App.— Houston [1st Dist.] 2017, pet. filed), reh. denied, 554 S.W.3d 708. Represented Harris County in an appeal of the trial court’s summary judgment holding that a foreign trade zone exemption applies to a refinery’s oil and refined products. The court of appeals reversed and rendered judgment for the County.
  • Red Bluff, LLC v. Tarpley, No. 14-17-00505-CV (Tex. App.—Houston [14th Dist.] 2018, no pet.) (mem. op.). Represented a nursing home employee when the employer appealed the trial court’s denial of its motion to compel her to arbitrate her “nonsubscriber” personal injury claim. The court of appeals affirmed.
  • Puppala v. Perry, 564 S.W.3d 190 (Tex. App.—Houston [1st Dist.] 2018, no pet.). Represented a medical malpractice patient when a defendant doctor appealed the trial court’s denial of his challenge to the plaintiff’s expert report. The court of appeals affirmed.
  • Metropolitan Transit Authority of Harris Co. v. Smith, No. 14-17-00807-CV (Tex. App.— Houston [14th Dist.] 2018, no pet.) (mem. op.). Represented a Houston police officer who had been injured by the negligent discharge of a firearm by a Metro police officer, when Metro appealed the trial court’s denial of its plea to the jurisdiction asserting sovereign immunity. The court of appeals affirmed.
  • Mendoza Hernandez v. Kroger Texas, L.P., No. 01-18-00562-CV (Tex. App.—Houston [1st Dist.] 2019, no pet. h.). Represented an injured customer in an appeal of the trial court’s summary judgment for Kroger on the basis that there was no evidence that Kroger had actual or constructive knowledge of the spill on which she slipped. The court of appeals reversed the summary judgment and remanded the case to the trial court.
  • Harris County v. Harris County Appraisal District, 579 S.W.3d 77 (Tex. App.— Houston [1st Dist.] 2017). Represented Harris County in an appeal of the trial court’s summary judgment holding that a foreign trade zone exemption applies to a refinery’s oil and refined products. The court of appeals reversed and rendered judgment for the County.
  • Red Bluff, LLC v. Tarpley, No. 14-17-00505-CV, 2018 Tex. App. LEXIS 10712 (Tex. App.—Houston [14th Dist.] 2018). Represented a nursing home employee when the employer appealed the trial court’s denial of its motion to compel her to arbitrate her “nonsubscriber” personal injury claim. The court of appeals affirmed.
  • Metropolitan Transit Authority of Harris Co. v. Smith, No. 14-17-00807-CV, 2018 Tex. App. LEXIS 10158 (Tex. App.— Houston [14th Dist.] 2018). Represented a Houston police officer who had been injured by the negligent discharge of a firearm by a Metro police officer, when Metro appealed the trial court’s denial of its plea to the jurisdiction asserting sovereign immunity. The court of appeals affirmed.
  • Mendoza Hernandez v. Kroger Texas, L.P., No. 01-18-00562-CV, 2019 Tex. App. LEXIS 7555 (Tex. App.—Houston [1st Dist.] 2019). Represented an injured customer in an appeal of the trial court’s summary judgment for Kroger on the basis that there was no evidence that Kroger had actual or constructive knowledge of the spill on which she slipped. The court of appeals reversed the summary judgment and remanded the case to the trial court.
  • Dewberry Farm, LLC v. Elias, No. 01-18-01058-CV, 2020 Tex. App. LEXIS 7086 (Tex. App.—Houston [1st Dist.] 2020). Represented a personal injury defendant in a restricted appeal from the trial court’s default judgment on the basis that the $400,000 damages award was supported by legally insufficient evidence. The court of appeals reversed the default judgment and remanded the case for a new trial on damages.
  • Texas Health and Human Services Comm’n v. Sacred Oak Medical Center, LLC, No. 03-21-00136-CV, 2021 Tex. App. LEXIS 4736 (Tex. App.—Austin 2021). Representing a psychiatric hospital seeking in the state’s interlocutory appeal from the trial court’s temporary injunction restoring the hospital’s wrongfully-revoked license. Obtained a temporary order from the court of appeals maintaining the injunction in force and allowing the hospital to operate during the pendency of the appeal. The appeal remains pending.

Professional Associations

  • Texas Association of Civil Trial and Appellate Specialists
  • Northeast Harris County Bar Association, President
  • Texas Bar Foundation, Life Fellow, Nominating Committee, 2017 to Present
  • Houston Bar Association, 2012 to Present
  • HBA County Law Library Committee, Past Chair, 2014 to Present
  • HBA Fee Dispute Committee
  • HBA Speakers Bureau Committee, 2016 to Present
  • HBA Professionalism Committee
  • HBA Appellate Section, Meetings Committee
  • HBA Litigation Section
  • State Bar of Texas, Litigation Section
  • Bar Association of the Fifth Federal Circuit, Member, 2018 to Present
  • Northeast Harris County Bar Association, Secretary, 2018 to Present
  • Texas Bar Foundation, Fellow, 2017 to Present
  • Houston Young Lawyers Association, Member, 2015 to Present
  • Houston Trial Lawyers Association, 2012 to Present
  • Texas Trial Lawyers Association, 2012 to Present
  • Texas Young Lawyers Association, Member, 2012 to Present
  • Abraham, Watkins, Nichols, Sorrels, Agosto & Aziz Attorney: 2012–2019

Pro-Bono Activities

  • Houston Volunteer Law Project, 2013 to Present

Past Positions

  • Judge Larry Weiman, 80th District Court, Harris County, Briefing Attorney/Law Clerk, 2011 to 2012
  • Judge Ann Marie Calabria, N.C. Court of Appeals, Intern/Law Clerk, 2008 to 2010
  • Abraham, Watkins, Nichols, Sorrels, Agosto & Aziz Attorney: 2012–2019

Practice Areas

  • Personal Injury
  • Wrongful Death
  • Civil Litigation
  • Civil Appeals

Education

  • Campbell University School of Law, Raleigh, North Carolina
    • J.D. - 2010
    • Honors: cum laude
  • North Carolina State University, Raleigh, North Carolina
    • B.A. - 2002
    • Major: Political Science

Bar Admissions

  • Texas, 2010
  • U.S. Bankruptcy Court Southern District of Texas, 2013
  • U.S. District Court Southern District of Texas, 2014
  • U.S. District Court Eastern District of Texas, 2016
  • U.S. Court of Appeals 5th Circuit, 2017
  • U.S. District Court Western District of Texas, 2017
  • U.S. District Court Northern District of Texas, 2017
  • Supreme Court of the United States of America, 2020

Fraternities or Sororities

  • Delta Theta Phi

Current Employment Position

  • Attorney

Honors

  • Top 40 Under 40, The National Trial Lawyers
  • Invited to Million Dollar Advocates Forum
  • Marquis Who’s Who in the World
  • Houston's Top Lawyers, Personal Injury, H Texas Magazine
  • Texas Rising Stars, Super Lawyers
  • Top 10 Under 40 Attorney Award for Texas, National Academy of Personal Injury Attorneys
  • Texas Super Lawyers: 2021
  • AVVO Rating 10.0

Classes & Seminars

  • Texas Supreme Court Update, Northeast Harris County Bar Association’s Monthly CLE Luncheon, 2018
  • Speaker, Texas' Court System, O’Donnell Middle School, Houston Bar Association’s Teach Texas program, 2017 to 2017
  • Real Estate Law, Memorial High School Business Law Class, Houston Bar Association Speakers Bureau, 2017 to 2017
  • Various Ways You Can Lose Your Case, Handling Your First (or Next) Wrongful Death Case, State Bar of Texas, 10/20/2015 to 10/20/2015
  • Pre-Trial Motions, Houston Civil/Appellate 2015 Bench Bar Conference, 05/07/2015
  • Understanding Texas Personal Injury Law, Texas Personal Injury for Paralegals CLE, 04/24/2015 to 04/24/2015
  • Evidence 101, Handling Your First (or Next) Auto Collision Case, State Bar of Texas, 12/10/2014 to 12/10/2014
  • How to Avoid Being Sued, or What to Do When It's Too Late, Houston Bar Association Animal Law Section?s Lawyers to the Rescue 4 Seminar, 11/14/2014 to 11/14/2014
  • Liability Issues for Rescue Organizations, Houston Bar Association CLE, Animal Law Section, 11/15/2013 to 11/15/2013
  • Supreme Court Update, , Numerous editions and presentations from 2013 to the present. (with Jay Jackson)
  • Supreme Court Cases Important to Trial Lawyers, State Bar of Texas: Texas Bar College Summer School, 2016 (with Jay Jackson)
  • § 1983 Actions and other Civil Claims by Criminal Defendants, Earl Carl Institute: 5th Annual Washington-Ellis Excellence in Indigent Defense Seminar, 2016
  • How (Not) to Lose your Wrongful Death Case: Statutory Defenses and other Bars to Recovery, State Bar of Texas: Handling your First (or Next) Wrongful Death Case, 2015
  • What Trial Lawyers Can Learn from Supreme Court Opinions, State Bar of Texas: History of Texas & Supreme Court Jurisprudence, 2015 (with Jay Jackson)
  • Panel: Pre-Trial Motions, Harris County Civil and Appellate Bench-Bar Conference, 2015 (with Erin Lunceford and Hon. Michael Gomez)
  • Liability Issues for Rescue Organizations, Houston Bar Association: Animal Law Section, 2014
  • Enforcing Settlement Agreements, Harris County Judicial Education Conference, 2014 (with Jay Jackson)
  • Liability Issues for Rescue Organizations, Houston Bar Association: Animal Law Section, 2013 (with Jay Jackson)
  • Experts, Daubert, and the Texas Supreme Court, State Bar of Texas: Prosecuting or Defending a Trucking or Auto Accident Case, 2013