Richard Carter Killough

Rick is a founding partner of Murrah & Killough and the firm’s lead trial and litigation lawyer. Over the past twenty-five years, he has represented both plaintiffs and defendants in hundreds of lawsuits in federal and state courts as well as in arbitrations, appeals, regulatory enforcement proceedings, and investigations. He has served as lead counsel, including as ‘first chair’ jury and bench trial counsel, in multimillion-dollar lawsuits. Rick has represented clients in a range of cases, from complex, multi-district litigation involving Fortune 500 companies, to cross-border litigation, to cases involving injured individuals, businesses, estates, and other organizations.

Rick’s practice area concentration is intentionally diverse. He has handled lawsuits and cases involving numerous fields of civil litigation critical to the well-being of his clients. These fields include commercial, business, fiduciary, real estate, personal injury and tort, landlord-tenant, employment, probate, antitrust, trade secret, and other types of litigation.

In his first position after graduating from law school, Rick served as Assistant Independent Counsel in the Whitewater and Lewinsky Investigations under Independent Counsel Kenneth W. Starr.

From 2009 to 2013, Rick served as General Counsel of the Velocity Group, a sophisticated financial services firm composed of a CFTC-regulated futures commission merchant, energy trading hedge fund, software development company, and an algorithmic trading company.

Rick and his wife Katie have three sons. When not enjoying time with his family, Rick enjoys history, reading, music, working in the yard, and fiction writing. He is a life-long member of the Episcopal church.

KEY PRACTICE ACHIEVEMENTS:
Recovered $1.5 million for Trust Beneficiaries from a national bank after improper loan of trust funds. Overcame limitations defense in a lawsuit filed seven years after breach.
Recovered more than $600,000 for commercial landlord in arbitration against tenant that refused to occupy leased premises.
Assisted in a $130,000 recovery in an antitrust suit on behalf of a regional automobile refurbisher.
Assisted in a $1,000,000 recovery in an antitrust suit on behalf of a national tire-repair manufacturer.
Obtained $800,000 settlement with an insurer on behalf of his clients for a water leak in their home through a claim against the insurer under a guaranteed replacement policy.
Obtained judgment for female bodily assault victim against perpetrator.
Defended a major regional manufacturing company against a $25 million wrongful death claim in a trucking accident resulting in settlement within insurance coverage limits.
Represented plaintiffs in a case alleging forgery of West Texas oil and gas property deeds by relative.
Obtained a take nothing judgment against the plaintiff as lead trial counsel in defense of commercial landlord in a $2 million suit by retail tenant for alleged destruction of business caused by water leak in building.
Defended and brought a $5 million counterclaim on behalf of a large church in a lawsuit by lawyers claiming the church owed them $2 million as fees for first-party insurance case.
Defended a professional client against a group of creditors demanding more than $9 million pursuant to the client’s personal guarantees after the client’s business failed. Obtained settlement at twenty cents on the dollar without the necessity of bankruptcy filing.
Defended commercial landlord in two personal injury lawsuits alleging damages of more than $2 million for alleged physical assaults at or near the premises.
Represented a female claimant against her employer for wrongful discharge resulting from sexual harassment and gender discrimination.
Lead counsel in defense of trustees of large testamentary trust against relative-claimant seeking one-third of trust. The case was settled for a minor fraction of the claim.
Achieved nuisance level settlement in defense of seller of business who was sued for fraud-plaintiff sought $550,000 in principal amount damages or rescission of the deal.
Defense of fiduciary litigation against investment advisor-wrote summary judgment motion that caused Plaintiff to accept zero dollar ‘walk-away’ settlement
Co-Lead Counsel in defense of National Futures Association Arbitration in which customers sought recovery of $6 million and punitive damages.
Lead and sole counsel in various commodities futures industry arbitrations and enforcement matters with total claims ranging from $100,000 to over $1,000,000
Defended a Fortune 500 company in an employee assault case-the outcome was no liability to client.
Defense of a physician against non-compete enforcement action by medical group.
Defended principal of trust-owned family gaming businesses against suit by relatives, achieving a settlement that protected companies in exchange for minimal payment.
Used novel negligence per se theory based on Federal Mine Safety & Health Act on behalf of amputee miner to defeat independent contractor’s ‘immunity’.
Collections suits for a local factoring company and for a national debt purchasing company, including frequent bankruptcy court involvement, with substantial recoveries.
Ousted Receiver of multi-million-dollar missing person estate on behalf of a relative in Harris County Probate Court using jurisdictional attack.
Age discrimination defense for a national Fortune 500 Company.
Representation in numerous business fraud suits with over $500,000 to $1,000,000 in controversy each.
Publications
Presenter, Houston Bar Association, Saturday Night Massacres, Ollie’s Enterprise, and the Meaning(s) of the Word ‘Is’: The Office and Role of the Independent Counsel and Special Prosecutor under the Constitution and Federal System, (August 21, 2015)
Co-author, Murphy’s Law Reversed—The Supreme Court Opens Up Removal to Federal Court, Consumer Financial Services Law Report, Volume 2, Issue 19, 1999 Co-Author, Texas Home Equity and Home Improvement Litigation since the 1998 Amendments (2000)
Presenter, Houston Bar Association, Second Amendment Update: A review of the history, constitutional, and legal background of the Second Amendment to the U.S. Constitution (July 25, 2014)
Presenter, Business Disputes and Litigation, Katy, Texas Chamber of Commerce, (August 2007)