Mr. Horn is a civil trial and appellate attorney with wide-ranging experience resolving routine to complex matters for his clients. Mr. Horn appears on behalf of his clients in state and federal courts throughout Texas and across the country. Mr. Horn has served as lead counsel in a wide variety of civil litigation cases, and his experience includes serving as first and second chair trial and hearing counsel before state courts, federal courts, and arbitration panels.
Mr. Horn focuses on a goal-centered approach to representing clients that encourages effective communication, strategic thinking and practical problem solving, assessment and reassessment of each client’s case to minimize risks, to maximize outcomes, and to meet budgets, evaluation and effective decision-making on appropriate liability and claimant theories, and working in a team environment with senior and junior attorneys.
Mr. Horn has a special interest in (a) personal injury and products liability, (b) consumer finance litigation, (c) business torts, (d) bad faith litigation, (e) securities fraud, (f) professional negligence cases, and (g) general commercial matters. Mr. Horn is well-versed in the many issues that affect these litigation environments, and he routinely advises individuals and business leadership regarding significant legal issues impacting their respective legal claims in these areas.
Mr. Horn takes pride in representing clients who are committed to the expeditious resolution of their cases, oppose delay in moving their case, and are not unduly fearful of trial. He is dedicated to professional, effective, and client-centered representation.
Representative Cases
Commercial Litigation
Successfully represented Plaintiff in litigation to remove Defendant’s bulk gas storage tanks and to defeat claims of a renewed product supply agreement and breach of contract that involved complex interactions of contract law and certain provisions of the Texas Business and Commerce Code. Hunter Buildings and Manufacturing v. Matheson Tri-Gas, Cause No. 2015-15874, Harris County, Texas.
Collaborated with Plaintiff’s officers to craft and implement a strategy that defeated the threat of arbitration in an unfavorable forum, which ultimately resulted in cost savings, mutually-agreed resolution. Hunter Buildings International v. The Communication Group, Cause No. 2014-42524, Harris County, Texas.
Recovered monies for Plaintiff from various banks that cashed checks, which were not properly payable, when presented by client’s executives as part of an employee embezzlement scheme. Courthouse Direct.Com v. Enterprise Bank, Cause No. 2012-64868, Harris County, Texas.
Represented Plaintiff in a suit on the sworn account and successfully negotiated an agreed resolution and payment of former employee’s credit card charges. Lyondell Chemical Company v. Rachel Thomas, Cause No. 1002905, Harris County, Texas.
Construction Litigation
Represented Defendant and Counterclaimant against claims he breached a construction contract, and served as first chair hearing counsel in a five-day arbitration resulting in a final order denying Plaintiff’s request for an award of $207,660.98 in damages and awarding client $145,449.14 in damages. Korte Construction Company, Inc. d/b/a The Korte Company v. John Jamar d/b/a John Jamar Construction Services, No. 01-15-0002-6202, Construction Dispute Resolution Committee, American Arbitration Association, St. Louis, MO.
Counseled Plaintiff and shaped litigation in a multifaceted breach of contract action involving a large construction and siting project at Defendant’s manufacturing facility, which litigation lead to a successful resolution of the dispute and sustained business relations. Hunter Site Services LLC v. Invista S.a. r.l.; Civil Action No. 4:15-cv-03453 (S.D. Tex.).
Environmental Litigation
Negotiated settlements for several small businesses against claims by Plaintiff for cost recovery, contribution, and declaratory relief under CERCLA and the Texas Solid Waste Disposal Act. USOR Site PRP Group v. A&M Contractors, Inc., No. 4:14-cv-02441 (S.D. Tex.).
Represented parties in negotiations to formalize terms of the mediated settlement agreement. 902 Tyler Partners v. Wood-Protection Company, No. 9:13-cv-00031 (E.D. Tex.).
FINRA Arbitrations
Served as second chair counsel for Respondent in a three-day arbitration involving claims of breach of contract, negligence, misrepresentation, breach of fiduciary duty, violations of Texas Securities Act, and violations of FINRA Rules of supervision and suitability that resulted in a favorable award for the client. Medellin v. Samuel Scott Nelson-Archer, FINRA Case No. 13-01827.
Negotiated pre-hearing resolution for Respondent involving claims for damages arising from broker’s alleged breach of contract; negligence; misrepresentation; breach of fiduciary duty; violations of Texas Securities Ads; and violations of FINRA Rules of supervision and suitability that resulted in a take-nothing award in favor of Respondents. Barnette v. Sanders Morris Harris, Inc., FINRA Case No. 12-02681.
Served as second chair counsel for Respondent in a two-week arbitration that involved claims for monetary damages exceeding $2,000,000 arising from broker’s alleged breach of contract; negligence; misrepresentation; breach of fiduciary duty; violations of Texas Securities Ads; and violations of FINRA Rules of supervision and suitability that resulted in a take-nothing award in favor of Respondents. Paul Compton v. H. Beck, Inc., FINRA Case No. 10-3347.
Professional Negligence
Defended Swett & Crawford against professional negligence claim for monetary damages exceeding $3,000,000 based upon allegations of failure to procure insurance or proper insurance. Menard, Inc. v. Swett & Crawford, Case No. 10-CV-7592, Circuit Court, Milwaukee County, Wisconsin.
Published Works
Author, How to give your case a KISS, ABA, Litigation Section, Fall 2015, Vol. 30, No. 1
Co-Editor, Insurance Law Update, Texas Association of Defense Counsel, Fall 2012 – Fall 2015