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Bank of America Center
700 Louisiana, Suite 2300
Houston, Texas 77002

Telephone 713.221.2300
Facsimile 713.221.2320

Mr. Waggoner's practice areas include civil appellate law, commercial litigation, ERISA, securities, consumer protection, and legal malpractice defense. He regularly handles litigation matters at both the trial and appellate level. Mr. Waggoner has had extensive involvement in class actions, representing both plaintiff classes that were certified by Texas and federal courts and defendants opposing class certification.

Mr. Waggoner is certified by the Texas Board of Legal Specialization in Civil Appellate Law. He has tried cases in both U.S. District Court and Texas District Court and arbitrated matters under the auspices of the American Arbitration Association.  Mr. Waggoner has briefed and argued appeals before the United States Court of Appeals for the Fifth Circuit, as well as the First, Fifth, Eleventh and Fourteenth Judicial Districts of Texas. He has responded to petitions for review and mandamus petitions in the Texas Supreme Court and has filed petitions for writs of certiorari in the United States Supreme Court. Mr. Waggoner has been involved extensively in pro bono activities and has tried a pro bono civil rights case in federal district court. He has also served as lead counsel in a capital habeas case.

Recent Cases

  • Obtained a jury verdict for our client as a derivative plaintiff in a breach of fiduciary duty and fraud case after a three-week jury trial in the 334th District Court in Harris County.
  • Defeated effort of Russian company to take discovery in Southern District of New York in aid of the company's effort to capture control of Yukos Finance B.V., a subsidiary of Yukos Oil Company.
  • Successfully opposed successive applications for temporary restraining orders and interim injunctive relief in state and federal cases alleging trade secret misappropriation.

  • Obtained mandatory temporary injunction requiring removal of portion of an unlawfully erected billboard structure.

  • Defeated application for a temporary restraining order filed by a property owner association member to enjoin an election of the association's board of directors.

  • Obtained summary judgment in favor of defendant bank in suit asserting various causes of action based on alleged disclosure of confidential information.

  • Obtained take-nothing arbitration award in favor of prominent local attorney sued for legal malpractice and breach of fiduciary duty and successfully defended subsequent suit to vacate the arbitration award, both in the trial court and on appeal.

  • Successfully defended mandamus action in which opposing party challenged a trial court order requiring disclosure of the opposing party's allegedly privileged documents and communications.

  • Obtained preliminary injunction to stop unauthorized expenditures from a trust by individual who claimed he had been wrongly removed as trustee.

  • Represented Houston mayor in suit alleging violation of state campaign finance laws; obtained summary judgment on his behalf.

  • Obtained reversal on appeal of summary judgment entered by trial court in a breach of contract and fraud action.

  • Successfully defended a Texas retailer at the trial and appellate levels in a putative class action on behalf of Texas consumers regarding sales tax charges.

  • Obtained a summary judgment in favor of a prominent local attorney in a legal malpractice action and successfully defended the judgment on appeal.
  • Obtained summary judgment in favor of prominent local attorney in state court breach of contract and malpractice action and successfully defended the judgment on appeal.
  • Obtained summary judgment for ERISA plan participant for wrongful denial of health benefits.
  • Defeated mandamus petition challenging trial court denial of motion to transfer venue.



Attorney-Client Privilege and Work Product Immunity in Intellectual Property Litigation
April, 1999 American Bar Association Section of Intellectual Property Law
14th Annual Spring CLE Program, Washington, D.C.
Justin Waggoner (co-authored with Lee L. Kaplan)

The Role of Variances in Determining Ripeness in Takings Claims Under
Zoning Ordinances and Subdivision Regulations of Texas Municipalities
29 St. Mary's L.J. 765, 797 n.135 (1998)
Justin Waggoner (co-authored with John Mixon)

Remedies Concerns in an Authorization Model of State Action
Hous. L. Rev. 229 (1997)
Justin Waggoner


So You Can't Find the Contract:
Contract-Related Causes of Action
Spring 2005
Justin Waggoner, Lecturer
Jones McClure O'Connor's Causes of Action CLE Course

Contract Actions:
Remedies for Breach of Contract
Spring, 2006
Justin Waggoner, Lecturer

Professional Recognition

  • Mr. Waggoner has been selected as a "Texas Rising Star", a Thomson Reuters service, by his fellow attorneys, 2004 through 2012.
  • Mr. Waggoner has been selected as a "Super Lawyer", a Thomson Reuters service, by his fellow attorneys, 2013.
  • He has also been named as a Top Lawyer by H Magazine.

*Please do not transmit confidential information via Internet mail. Your transmission of information to Smyser Kaplan & Veselka, L.L.P. is not intended to and does not create an attorney-client relationship with the Firm or any of its attorneys. Please do not assume that your communications sent using Internet mail are privileged or confidential.

Justin M. Waggoner

University of Houston
B.A., Economics, 1994
Summa Cum Laude

University of Houston
Law Center, 1997
Summa Cum Laude

Law Clerk to the Honorable
Carolyn Dineen King
United States Court of
Appeals for the Fifth Circuit

Board Certified in
Civil Appellate Law
Texas Board of
Legal Specialization