Jason K. Fagelman
Norton Rose Fulbright US LLP
Jason K. FagelmanvCard
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Jason Fagelman joined the Dallas office in 1996. Jason has experience representing clients in a broad range of cases, including complex business disputes, class actions, product liability matters and bankruptcy adversary proceedings. He has litigated numerous matters in state and federal courts, and has tried both complex commercial and tort cases to verdict. He concentrates his practice in the area of complex business disputes with emphasis on defending clients against claims for breach of contract, breach of warranty, fraud, trade secret violations, deceptive trade practices and other commercial torts. He also has experience handling insurance coverage matters.
JD, with honors, The University of Texas School of Law, 1996
BA, with high honors, History, Phi Beta Kappa, The University of Texas, 1992
While attending law school, Jason was a member of The Review of Litigation. He was admitted to practice law in Texas in 1996. He is admitted to practice in all state courts in Texas, and the Northern, Western and Eastern Federal District Courts of Texas.
- Texas State Bar
- Current representation of publicly-traded company in multiple nationwide data breach class actions filed in Florida, California and Texas (now consolidated in Florida), alleging claims and damages arising from stolen payment card information from a data breach incident at corporate-owned restaurants.
- Representation of multiple insurers in data breach class action filed in Missouri relating to a W-2 phishing incident. Following motion to dismiss and class certification briefing, matter settled very favorably.
- Current representation of directors and officers of corporate general partner in a limited partner derivative litigation matter where derivative plaintiffs have asserted claims for breach of fiduciary duty, self-dealing and unjust enrichment arising from $60 million sale of business
- Representation of national commercial appraisal firm in connection with complex commercial litigation matter where plaintiffs asserted claims for breach of fiduciary duty and fraud in connection with client's alleged failure to properly perform appraisal of mainframe computer equipment; plaintiffs sought more than $20 million in damages; following extensive discovery and briefing, plaintiffs dismissed all claims against client without payment of any money
- Representation of trustee and note holder as trial counsel for a $21 million non-recourse, securitized commercial loan and the loan's special servicer in connection with claims asserted by commercial borrower for breach of contract and other commercial tort claims seeking more than $10 million in damages; obtained complete defense verdict against borrower's claims in clients' favor and recovery on clients' counterclaim against borrower for attorney's fees
- Representation of one of the world's largest television manufacturers in a $100 million nationwide class action alleging various commercial tort claims, including deceptive trade practices and breach of warranty, relating to alleged defects in products sold by the client; all claims ultimately dismissed without class certification and without payment of any of the damages sought
- Representation of national insurance company in a multi-million dollar insurance coverage and bad faith litigation matter involving interpretation of "auto" exclusion in CGL policy in significant personal injury case; obtained dismissal with prejudice of all claims in Federal Court and affirmance by unanimous opinion from Fifth Circuit
- Representation of various banks and investment clients in a $1.5 billion adversary proceeding in U.S. Bankruptcy Court concerning triple-net leasing transaction; plaintiffs leased two power generating facilities from firm's clients that provided electricity to the metropolitan Washington, DC area; plaintiffs sought to have the leases re-characterized as secured financing transactions; case was ultimately dismissed by the bankruptcy court
- Representation of national title insurance company and escrow officer in significant commercial litigation matter where plaintiffs asserted claims for breach of contract and breach of fiduciary duty in connection with a commercial real estate transaction where minerals in the Barnett Shale had not been reserved; plaintiffs sought to recover millions of dollars in lost oil and gas royalties; case resolved favorably for clients prior to trial
- Representation of foreign insurers in multi-million insurance coverage and bad faith litigation matter involving interpretation of a contractual liability exclusion in CGL policy in significant property damage case; coverage position advocated on behalf of client was one of first impression, and ultimately vindicated by unanimous opinion from Texas Supreme Court
- Representation of a national lending and mortgage servicing client as trial counsel in multiple lawsuits brought by and against borrower; obtained complete jury verdict in favor of the client
- The Best Lawyers in America, Commercial Litigation, Best Lawyers, 2017 - 2020
- Texas Super Lawyer, business litigation, Thomson Reuters, 2011 - 2016
- Texas Rising Star, business litigation, Thomson Reuters, 2005 - 2010
Dallas Bar Association
Business Litigation Section
International Law Section, host attorney to international LL.M. students at S.M.U.
Dallas Volunteer Attorney Project, pro bono consultation