Justin VandenBout
Partner
Norton Rose Fulbright US LLP
Related services and key industries
Biography
Justin VandenBout is a trial lawyer who maintains a nationwide litigation practice with an emphasis on commercial litigation, catastrophic personal injury litigation, and mass tort litigation. He has a broad range of experience representing clients in federal and state courts, as well as arbitrations, throughout the United States in various types of complex business disputes, as well as claims based in product liability, premises liability, intellectual property, insurance coverage, cybersecurity, class actions, multidistrict litigation (MDL), real estate, business partnership disputes, commercial construction disputes, and breach of contract claims across numerous industries.
Based on his extensive experience, Justin has tried commercial cases, tort cases, insurance cases, and intellectual property cases. Further, throughout his career, he has tried cases in state and federal courts on behalf of Plaintiffs and Defendants. Representing Plaintiffs, he has obtained verdicts that were significantly higher than the pre-trial settlement offers. Representing Defendants, he has obtained complete defense verdicts. This varied experience allows him to evaluate cases objectively and, if necessary, persuasively and effectively represent clients at the time of trial.
The above-mentioned skill and advocacy on behalf of clients has consistently resulted in recognition of Justin as one of the top lawyers in Texas in the area of business litigation by various publications.
Professional experience
Collapse all- JD, South Texas College of Law, 2007
- Dean's Honor List
- BS, University of Texas at Austin, 2004
- Paul and Mary Haas Scholarship Recipient
- Dean's Honor List
- Phi Sigma Theta—National Honor Society
- Texas State Bar
- Lead trial counsel in a federal trademark infringement lawsuit against client, a national real estate investment firm, resulting in a unanimous defense jury verdict for the client against claims of unfair competition and trademark infringement.
- On multiple occasions, successfully represented clients that sustained significant economic losses and obtained verdicts at trial that were more than 10 times the amount offered by the respective defendants prior to trial.
- Lead counsel in obtaining take nothing final summary judgment on behalf of OptumRX, Inc. in response to claims by Harris County that Optum and 14 other Defendants engaged in an insulin price fixing scheme.
- Lead counsel in obtaining take nothing final summary judgment on behalf of one of America's largest fast food restaurant chains in a multi-Plaintiff wrongful death action based on claims of premises liability and product liability.
- Lead counsel in obtaining take nothing final summary judgment on behalf of a national residential home builder and property developer, in connection with a catastrophic personal injury lawsuit, based on an affirmative defense under Chapter 95 of the Texas Civil Practices and Remedies Code.
- Lead counsel in obtaining take nothing final judgment on behalf of Chinese manufacturer in wrongful death product liability action at motion to dismiss stage of proceedings.
- Lead counsel in obtaining a dismissal of claims at motion to dismiss stage against client, an industry leader in the treatment of opioid addiction through telemedicine and app based software, in connection with claims for breach of a Software License Agreement.
- Lead counsel in obtaining complete defense verdict on behalf of client in complex business partnership dispute based on allegations that minority partner had been defrauded of corporate funds.
- Lead counsel in obtaining complete defense verdict on behalf of client in response to claims for negligence, premises liability, and resulting property damage to the Plaintiff.
- Lead counsel in obtaining take nothing final judgment at motion to dismiss stage on behalf of Mexican law firm in a lawsuit brought in Harris County, Texas seeking damages in excess of $1 million based on alleged conversion of settlement funds.
- Lead counsel in obtaining dismissal with prejudice of all claims at motion to dismiss stage on behalf of local doctor and his practice relating to alleged breach of multi-party advertising agreement.
- Served as lead national insurance coverage counsel for the largest independent brine producer in the United States, which included assistance in securing insurance coverage and prompt payment of claims that totaled in excess of $250 million related to a catastrophic loss in 2012.
- Successfully prosecuted a Petition to Enforce Settlement Agreement on behalf of a client which affirmed payment to client in excess of $20 million as well as continuing payments under the Settlement Agreement.
- Lead counsel for a preeminent marine terminal company in defense of a multi-plaintiff catastrophic personal injury case involving claims for negligence and premises liability arising out of an explosion at a Houston refinery.
- Lead counsel for largest rural lifestyle retailer in the United States in defense of class action lawsuits arising from allegations concerning the manufacture, labeling, marketing, and performance of tractor hydraulic fluid (THF) products throughout the United States.
- Lead counsel for buyer of prominent restaurant franchise in connection with post-acquisition dispute with seller regarding alleged breaches of representations and warranties in the Asset Purchase Agreement based on non-disclosure of claims for illegal business operations that occurred prior to the acquisition. Litigation involved actions in federal and state court and was resolved favorably for clients after the summary stage of the proceeding.
- Lead counsel for national tire retailer in defense of product liability claim based on alleged catastrophic injuries sustained when a Chinese- manufactured tire exploded while it was being inflated for use in an industrial setting.
- Lead counsel for prominent fast casual restaurant chain in defense of claim for breach of commercial lease agreement following the COVID -19 governmental shutdown. Based on defense of accord and satisfaction, case resolved favorably for client at significantly less than the initial demand.
- Lead counsel in successfully defending oil and gas contractor against claims by a midstream energy provider for breach of contract and fraud in excess of $7 million, which resulted in no payment being made or owed by client. In the same litigation, Mr. VandenBout prosecuted counterclaims and third party claims for breach of contract and tortious interference with contract that resulted in payments in excess of $1 million to client.
- Representation and successful defense of international retailer of baby monitors against data breach and cyber liability claims based on allegations that the product did not have adequate protections and security measures to prevent cyberattacks on consumers.
- The Best Lawyers in America, Personal Injury Litigation - Defendants, Best Lawyers, 2024
- The Legal 500 US, Recommended Lawyer, Product liability, mass tort, and class actions: toxic tort: defense, The Legal 500, 2023
- Top Lawyer, Houstonia Magazine, 2022
- Rising Star, Texas Super Lawyers, 2016 – 2021
- Top Lawyer in Houston, H Texas Magazine, 2015 – 2022
- Leaders In The Law, Leading Lawyer in Texas
- Co-author, "Deep Impact – Why the In re Deepwater Horizon Opinion Matters for Construction Contracts and Additional Insured Insurance Coverage," The Critical Path, June 2015
- Contractual Forum Selection Clauses in Texas – Things Are Not Always As They Appear
- Section 18.091 of the Civil Practice & Remedies Code – Presentation and Proof of Damages Net of Federal Income Tax Liability
- Presenter, CYA 2020 – Contracts and Insurance to Cover Your Assets, 2020 CHWWA Annual Tax and Business Planning Seminar, 2022
- Presenter, Business Interruption Insurance & COVID-19's Impact on Business Contracts, 2020 Austin CPA Society Meeting, 2020
- Presenter, Top Legal Traps for Opening Up Your Business in a Pandemic, 2020 San Antonio CPA Society Meeting, 2020
- Presenter, Hurricane Harvey: Advising Clients Through the Flood of Legal and Tax Issues, Chamberlain Hrdlicka 40th Annual Tax and Business Planning Seminar, November 16, 2017
- Presenter, Captive Insurance Companies: The Do's And Don'ts (Or Something Else), Chamberlain Hrdlicka Annual Tax and Business Planning Seminar, November 16, 2015
- State Bar of Texas
- Houston Bar Association
- Fort Bend County Bar Association
- American Bar Association
- Texas Bar Foundation, Life Fellow
News
Houstonia magazine recognizes 13 Houston lawyers as Top Lawyers
November 29, 2022
Mass tort trial lawyer joins Houston office
March 28, 2022