Weston Morgan Davis

Wes specializes in finding strategic and creative ways to make his client’s case.  He has successfully crafted arguments and strategies at every litigation stage, including pre-trial evidentiary preservation and investigation, interlocutory appeals and writs of mandamus, and post-trial briefing and the final appellate process.  Wes successfully advocates by employing his legal and analytical skills to enhance his clients’ strategic and legal positions, examples of which are below.  Wes’ practice areas include construction law, government contracts, intellectual property, insurance coverage, and medical malpractice.  

Representative Experience

Successfully moved for and obtained application of settlement credit of more than $1 million in complex design professional and construction case.  After settlement of multiple defendants, court applied the full amount of all settlement agreements as credits, resulting in a favorable judgment for the client.   

Obtained summary judgment for structural engineer in construction defect case based on Texas’ economic loss rule, eliminating the majority of the plaintiff’s damage claims.

Representing architect in construction dispute, successfully obtained interlocutory reversal of trial court order denying motion to dismiss pursuant to Texas Civil Practice and Remedies Code Section (the “Certificate of Merit” statute).

Obtained interlocutory reversals of two trial court orders denying motions to dismiss pursuant to the Texas Medical Liability Act.  One reversal resulted in dismissal with prejudice of the plaintiff’s claims and award of attorney’s fees to the defendant.

Successfully obtained writ of mandamus requiring trial court to vacate reinstatement of previously-dismissed case.  The trial court dismissed the plaintiff’s insurance coverage complaint for failure to prosecute, but reinstated the case more than a year after the dismissal.  The appellate writ of mandamus required the trial court to vacate the reinstatement because the trial court’s plenary power had expired at the time of the order. 

Obtained summary judgment ruling for joint business owner in dispute over stock ownership, resulting in favorable settlement.  The plaintiff sought to enforce an invalid stock issuance, arguably altering ownership of the company. Successfully moved for and obtained summary judgment ruling holding that the stock issuance invalid and reinstating the client’s ownership status. The summary judgment ruling ultimately resulted in a mediated settlement agreement favorable to the client.

Successfully obtained summary judgment in insurance coverage dispute establishing that coverage by the defendant was triggered and establishing liability, resulting in settlement in client’s favor in excess of $10 million.  The plaintiff sought, on the insured’s behalf, to enforce coverage by the defendant, who had wrongfully refused coverage after its policy had been triggered.

Successfully obtained no-fault verdict in arbitration in dispute over online auction of property, resulting in take nothing judgment.  Defended online auction company in dispute with losing bidder who claimed damages of $20 million resulting from its lost business opportunity.

Professional Affiliations

Dallas Bar Association, Construction Litigation Section
State Bar of Texas

Education/Professional Background

George Washington University, J.D., 2008
University of Texas, Bachelors of Journalism, with honors, 2004

Admitted to Practice

Texas, 2008
U.S. District Court:  Northern, Southern, and Eastern Districts of Texas
Fifth Circuit Court of Appeals

Civic and Volunteerism

Big Brothers Big Sisters of North Texas Volunteer since 2008