Frank Gilstrap

fgilstrap@hillgilstrap.com*

Frank Gilstrap has practiced in state and federal courts for 40 years. He has handled over 200 appeals and has argued cases before the United States Supreme Court, four federal circuits, and twelve Texas courts of appeals. For the last 10 years he has served on the Texas Supreme Court Advisory Committee (the "Rules Committee").

EDUCATION:

LLB, University of Texas School of Law (1968)

BA with honors in mathematics, University of Texas at Austin (1965)

REPRESENTATIVE CASES:

Representing the defendant in a dispute between national law firms, Mr. Gilstrap persuaded the trial court to deny the plaintiff’s claims of libel and business disparagement and to rule that the plaintiff take nothing.

Representing a group of national trucking companies, Mr. Gilstrap led a successful federal court effort to enjoin enforcement of a city ordinance restricting access to the plaintiffs’ truck terminals.

In a personal injury case, Mr. Gilstrap convinced a court of appeals, sitting en banc, to affirm a judgment that ultimately totaled about $20 million.

In a boundary dispute between two large metropolitan school districts, Mr. Gilstrap convinced the court of appeals to reverse the trial court’s denial of his client’s claims and to remand the case for trial.

In another personal injury case, Mr. Gilstrap convinced the court of appeals to affirm a judgment that ultimately totaled about $14 million.

In a suit against the operator of a Barnett Shale gas well, Mr. Gilstrap convinced the court of appeals to uphold an award of actual and punitive damages for fraud and breach of fiduciary duty.

In a suit against an ERISA health care plan, Mr. Gilstrap convinced the Fifth Circuit to reverse a judgment for a plan beneficiary.

In a dispute arising from the sale of a North Carolina shopping center, Mr. Gilstrap convinced the Ninth Circuit to affirm a judgment for the seller.

REPRESENTATIVE WRITING:

Interlocutory Appeals After House Bill 4, 46 South Texas Law Review 1017 (2005)

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