Marty represents plaintiffs in personal injury, commercial litigation, and class action matters. He has prosecuted numerous personal injury and consumer class actions, along with commercial and tort disputes, in state and federal courts throughout the nation. Many of these cases have involved complex procedural and jurisdictional issues. Marty has worked extensively with attorneys and expert witnesses around the country to prosecute cases on a national scale.
Representative Experience
Class Actions/Collective Actions:
Apartment overcharge class action: represented plaintiff and class in class action lawsuit against Greystar apartment group; In the United States District Court for the Western District of Texas, Austin Division; Civil Action No. 1:16-CV-00501-SS (final approval of class action settlement granted)
Apartment overcharge class action: represented plaintiff and class in class action lawsuit against Steadfast apartment group; In the United States District Court for the Western District of Texas, Austin Division; Civil Action No. 1:15-CV-01189-RP (final approval of class action settlement granted)
Apartment overcharge class action: represented plaintiff and class in class action lawsuit against Camden apartment group.; In the 55th District Court of Harris County, Texas; Cause No. 201674799 (final approval of class action settlement granted)
Apartment overcharge class action: represented plaintiff and class in class action lawsuit against Mid-America apartment group; In the United States District Court for the Western District of Texas, Austin Division; Civil Action No. 1:16-CV-00820-RP (settled following interlocutory appeal)
ERISA class action: represented plaintiffs and class in an ERISA-denial of retiree benefits class action against the Sterling Chemical group; In the United States District Court, Southern District of Texas, Houston Division; Civil Action No. H-07-0625 (case was tried, and class action settlement reached following trial)
California Labor Code class action: served as co-lead counsel in a California Labor Code lawsuit on behalf of a class of California salespeople against their employer, NCH Corporation; In the United States District Court, Central District of California; Case No. 2:10-cv-05279 (settled as a class action and received final approval)
FLSA collective action: served as co-lead counsel for the plaintiffs in a Fair Labor Standards Act collective action against the Irving Holdings group; In the United States District Court, Northern District of Texas; Case No. 3:10-cv-00142 (settled as a collective action and final approval received)
FCRA class action: served as co-lead counsel for a certified nationwide class against the Farmers Insurance group regarding Fair Credit Reporting Act violations; In the United States District Court, Western District of Oklahoma; Case No. 5:03-cv-00158 (nationwide class settled, and final approval granted)
Auto products class action: served as counsel in nationwide consumer class action against Honda Motor Company group regarding auto defect; In the United States District Court, District of New Jersey; Cause No. 2:08-cv-04825-KSH-PS; Alin, et al. v. Honda Motor Company, Ltd., et al. (class action settled and final approval granted)
Elevator defect class action: served as class counsel in a class action case against the TKE Group alleging elevator design and manufacturing defect (class action settled and final approval granted)
Insurance/Management fees class action: served as counsel in a nationwide class action against Farmers Group alleging overcharge of management fees; In Los Angeles Superior Court; Case No. BC300142 (class action settled and final approval granted; value of the settlement in the case exceeded $500 million)
Insurance/Unfair discrimination class action: served as counsel in Texas class action filed against various Allstate entities; In the 53rd Judicial District Court of Travis County, Texas; Cause No. GN200820 (class settled, and final approval granted)
Fire litigation:
Lahaina, Hawaii Fire: representing plaintiffs who lost their homes and property resulting from the Lahaina Fire
Malibu, California Fire: representing plaintiffs who lost their homes and property as a result of the California Woolsey Fire
Butte County, California Fire: representing plaintiffs who lost their homes as result of the California Camp fire
Personal Injury/Wrongful Death:
Workplace/Wrongful death: represented widow and children of a Florida man who died during construction of the Toyota Center
Auto/Wrongful death: represented widow in a lawsuit arising from the death of her husband who suffered traumatic lower-extremity amputations in automobile collision
Products/Wrongful death: represented family of man killed in collision where seat collapse was alleged to have caused broken neck resulting in death
Auto/Personal injury: represented client who suffered a significant leg injury in an auto collision; injury resulted in multiple surgeries
Auto/Personal injury: represented client who suffered a significant brain and extremity injuries in an auto collision; injuries resulted in multiple surgeries and significant long-term disability and impairment
Auto/Wrongful death: represented widower and siblings in a lawsuit arising from the death of a mother and son in an automobile collision caused by intoxicated driver
Maritime/Jones Act: represented offshore worker severely injured while being lifted from a crew boat onto an offshore drilling platform
Insurance (individual actions)
Bad Faith: represented husband and wife in lawsuit arising from bad-faith/breach of contract conduct by California insurer
Bad Faith: represented elderly insured in lawsuit arising from bad-faith/breach of contract conduct by California insurer
Breach of contract: represented widow who was a defendant/counter-plaintiff in a declaratory judgment action filed by AIG on a life insurance policy
Commercial Litigation
Counsel for defendant/counter-plaintiff in lawsuit for the enforcement of a dissolution agreement that separated numerous affiliated electrical businesses
Counsel for the majority partners of a business in a partnership dissolution
Represented auto dealership groups in anti-trust litigation against auto parts manufacturers
Represented whistleblower in False Claims Act litigation (https://www.justice.gov/opa/pr/oklahoma-city-hospital-management-company-and-physician-group-pay-723-million-settle-federal)
Practice Areas
Commercial Litigation
Wrongful Death and Catastrophic Injury
Class Actions
Bar Admissions
Texas, 1994
United States District Courts
Southern District of Texas
Western District of Texas
North District of Texas
Eastern District of Texas
Eastern District of Arkansas
Western District of Arkansas
Fifth Federal Circuit Court of Appeals
Education
University of Houston Law Center, J.D., 1994 (Cum Laude, University of Houston Law Review, Phi Delta Phi)
Texas A&M University, B.A., Political Science, 1991
Professional and Community Involvement
Member, State Bar of Texas
Member, Texas Trial Lawyers Association
Member, Houston Trial Lawyers Association
Member, Public Justice
Member, Bar Association of the Fifth Federal Circuit
Member, Grace Bible Church
Committee Chair, West Houston Young Life