Name: Kandy E. Messenger
Item: Kandy E. Messenger
Author: messenger

Bio

Kandy Messenger is an experienced litigator who represents clients in complex civil litigation matters in both federal and state courts throughout Texas and the United States. She has successfully tried cases to final verdict in both state and federal courts and successfully won several matters on appeal before the Texas Supreme Court and U.S. Fifth Circuit Court of Appeals.

As a litigator, she has handled complex issues including commercial litigation, personal injury, transportation, wrongful death, business disputes, contractual issues, employment matters, oil and gas litigation, regulatory compliance, consumer finance litigation, unfair trade practices, fraud, tortious interference and business torts, post-payment audits, overpayment disputes, insurance investigations, professional misconduct and liability, employment agreements, professional partnership terminations, class action litigation, and healthcare liability. She has represented individuals, insurance companies, corporations, healthcare organizations, physicians, dentists, hospitals, revenue cycle management providers, billing companies, financial service providers, lenders, oil and gas operators and contractors, construction companies, and advisory and tax consultants.

Education

J.D., South Texas College of Law Houston, Dec. 2005

B.S., Business Administration and Management, University of Maryland University College, 2000

Admissions: Texas, May 2006; U.S. District Court for Eastern, Western, Southern and Northern Districts of Texas; U.S. District Court for Colorado; and U.S. Court of Appeals for the Fifth Circuit

Representative Matters*

Complex Commercial Litigation

· Successfully defended a medical billing company in a multimillion-dollar lawsuit involving allegations of improper billing practices, negligence, violations of the False Claims Act, and breach of contract.

· Successfully defended a multimillion-dollar lawsuit filed against several mortgage companies, lenders, realtors, brokers, marketing companies and individuals for allegations of mortgage fraud, loan fraud, wire fraud, civil conspiracy, negligence, and deceptive trade practices.

· Successfully defended global consulting company in lawsuit involving violation of employment agreement, disclosure and misappropriation of trade secrets, and tortious interference with contractual relationship.

Class Action Litigation

· Successfully defeated multimillion-dollar class action filed against a billing record vendor alleging vendor improperly charged patients processing fees not authorized by state and federal law; obtained ruling statute did not apply to non-healthcare providers defeating claims and class action.

· Successfully defeated class action filed against Houston restaurant chain alleging the tip policies violated the Fair Labor Standards Act.

· Successfully defeated class action filed against national debt collection company alleging sending wage garnishment statements and leaving voice mail in attempt to collect federal subsidized student loan violated the Fair Debt Collection Practices Act (FDPCA).

· Successfully defeated class action filed against a marketing companying alleging it violated the Telephone Consumer Practices Act (TCPA) by sending consumers unsolicited text messages.

Employment Matters

· Successfully defended corporation before the Equal Employment Opportunity Commission (EEOC) in race discrimination claim filed by former employer who was fired after sending sexually graphic photographs to co-workers.

· Successfully defended restaurant in wage claim filed with the Texas Workforce Commission by a former employee who claimed the restaurant improperly withheld tips from wages.

· Successfully defended dental office in wrongful termination claim asserted by a former employee who was terminated for multiple violations of company policies.

· Successfully defended debt collection company in lawsuit filed by a former employee who alleged former employer wrongfully withheld wages and commission after being terminated.

· Successfully represented employer in the defense and enforcement of a non-compete and non-disclosure agreement against a former employee who took confidential information to recruit and solicit clients for a competitor.

· Successfully defended an apartment complex (employer) in a wrongful termination and discrimination lawsuit filed by a former employee who was terminated after violating company policies.

· Successfully defended healthcare entity in discrimination and wrongful termination claim after terminating employee who removed confidential healthcare records from facility.

Energy (Oil & Gas)

· Successfully represented subcontractor in civil lawsuit alleging the subcontractor failed to perform its tasks and/or duties in a reasonable manner in accordance with standards established by the American Petroleum Institute (API) resulting in the catastrophic failure of a structure used in oil and natural gas production operations resulting in millions of dollars in loss and clean up.

· Investigated allegations of misconduct by an employee of a third-party compliance company working on the pipeline, prompting an investigation by state and federal officials.

· Successfully represented wholesaler of drill bits in business dispute with drilling company as to the quality of products delivered and obligations pursuant to contractual agreement.

· Successfully defended pipeline employee involved in a fatal motor vehicle accident that occurred while inspecting pipeline for leaks.

Wrongful Death

· Successfully defended a seat manufacturer in wrongful death lawsuit filed in Texas stemming from a commercial charter bus accident on an interstate highway, killing several passengers, and causing the permanent disfigurement and paralysis of several others.

· Successfully defended a wrongful death suit brought against a manufacturer of a specialty trailer for defective design, manufacture, sale, and warnings by the parents of a child who died after the parents’ vehicle was drug along the highway and becoming stuck under the trailer.

· Successfully defended a wrongful death lawsuit filed against a manufacture of the commercial truck for the defect truck design and delivery of a truck with inherent defects after the operator of the truck was killed during the truck's operation.

· Successfully defended a Houston Restaurant/Bar in a wrongful death lawsuit brought by the families of several individuals killed in a head-on collision involving a former patron.

· Successfully defended an apartment complex for the wrongful death of a trespasser who was shot and killed by a resident.

· Successfully defended the estate of a decedent who was the driver in fatal motor vehicle accident that killed the passenger.

· Successfully defended wrongful death lawsuit filed against painting company and its employee as the result of a motor vehicle accident that occurred when the employee was traveling in between worksites.

· Successfully defended wrongful death lawsuit filed against construction company and its employee as the result of a motor vehicle accident that occurred when the employee was travel home from an out-of-state job.

Commercial Personal Injury

· Successfully defended a restaurant/bar in a personal injury lawsuit filed by a patron who was injured by another patron who was operating a motor vehicle while intoxicated.

· Successfully defended security company in a personal injury lawsuit filed by a motorcyclist who was involved in a motor vehicle accident with one of the security company’s armored vehicles.

· Successfully defended an apartment complex in a personal injury lawsuit brought by a tenant after being arrested and detained by an off-duty police officer working at the premise.

· Successfully defended nursing home in a personal injury lawsuit filed as the result of a motor vehicle accident that occurred when the nursing home’s marketing director was off duty.

Successfully defended healthcare provider in a premise liability claim brought by a visitor who tripped and fell on a curb and sustained serious bodily injuries. Plaintiff alleged that healthcare provider failed to provide proper notice the curb was dangerous.

Kandy E. Messenger

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