George Parker Young |

Bio

George Parker Young has engaged in a diverse complex litigation practice for over 31 years. George represents clients in the full range of business litigation and arbitration, and has significant experience in the areas of fiduciary duty, cyber security, oil and gas, corporate governance, probate, intellectual property, insurance and securities litigation. In 2004, Mr. Young briefed and argued to the U.S. Supreme Court a landmark case on ERISA preemption and HMO liability; in 2003 Mr. Young was a finalist for Trial Lawyer of the Year awarded by the Trial Lawyers of Public Justice (one of eight cases nominated nationally). AV® Peer Review Rated Preeminent by Martindale-Hubbell® Law Directory. More recently Mr. Young has been actively involved in several "minority shareholder oppression" cases representing companies or majority shareholders, often in suits by minority interest owners for perceived wrongs; written and lectured extensively on this topic. Most recent fiduciary duty and board governance trial was an expedited Delaware Section 225 proceeding tried in 2013 to the Delaware Court of Chancery, with the entire proceeding (including extensive discovery) taking seven months, from filing to final decision by the Delaware Supreme Court. Successfully handled several large oil and gas matters over the last several years, including disputes between royalty, working interest owners and operators, fights involving investors in oil and gas ventures, disputes between producers and surface owners, disputes between pipelines and producers and litigation between pipelines and adjoining landowners. Mr. Young is Board Certified in Civil Trial Law by the Texas Board of Legal Specialization, on the Litigation Council of the State Bar of Texas Litigation Section and served as a Co-Course Director for several State Bar of Texas CLE courses, including the 2011 Advanced Civil Trial Course, the 2013 Litigation Update course, as well as the 2014 Litigation Update Course. Previously an adjunct professor at Texas Wesleyan School of Law and a guest lecturer at the University of Texas, SMU and Texas Wesleyan (now Texas A&M) Schools of Law. Selected Client Representations • Expedited Delaware §225 proceeding tried in Delaware Court of Chancery involving allegations of breach of fiduciary duty by directors in board meeting ambush of majority shareholder director/CEO. • Successful prosecution of cyber security damages claim for Fortune 500 subsidiary against vendor. • Seven-week defense of corporate defendant in "minority shareholder oppression" case.
• Defense of claims arising from failed multi-million real estate deal; eventual settlement was half of amount offered before entry into the case.
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• Successful defense of a multi-national chemicals manufacturing corporation in a federal court case where plaintiff sought more than $15 million for alleged fraud in the sale of product. • Defense of fraud claims arising out of plaintiffs investment of millions in oil and gas interests and in drilling rig. Case settled several months after entered the case for much less than clients had offered before litigation was instituted. • Prosecution of injunction suit for Fortune 500 company to enforce contract proven by string of emails relating to purchase of "bandwidth" essential to client's business. After obtaining injunction for the client it obtained bandwidth at target price. • Obtained tortious interference verdict and settlement for frustrated acquiror of regional telephone company. • Successfully defended national banks and savings and loans in several large lender liability actions. • Co-counsel for savings and loan plaintiff in one of the first significant civil RICO matters tried in the Northern District of Texas (trial lasting almost eleven weeks). • Defended and obtained summary judgment on behalf of major manufacturing client in intellectual property litigation involving claims of patent infringement (successfully upheld in the Federal Circuit). • Successful appellate counsel in a number of Fifth Circuit and State Courts of Appeals. • Special counsel to Texas Attorney General in matter involving HMO's effort to have Texas' 1997 HMO liability statute declared preempted. • First attorney to successfully use the 1997 law which prohibits financial incentives that act as an inducement to limit medically necessary care. • Filed first suit and obtained first verdict and judgment under Texas' 1997 HMO Liability Act. • Numerous other successful jury trials. Selected Publications/Presentations •"A Rough Sense of Justice" Meets "Practical Politics": Causation in the Texas Supreme Court, 64:3 BAYLOR L. Rev. 784 (2012) (co-authored with Kelli Walter). •Co-Course Director, 2014 "Litigation Update Course," State Bar of Texas. •Co-Course Director, 2013 "Litigation Update Course," State Bar of Texas. •2011: Co-Course Director, 34th Annual" Advanced Civil Trial Course," State Bar of Texas. •July 2011: "Fiduciary Duties and Minority Shareholder Oppression from the Defense Perspective: Differing Approaches in Texas, Delaware, and Nevada." •Annual Advanced Civil Trial Course, State Bar of Texas. •Jan 2011: "Overview of The Proposed New Texas Ethics Rules," Tarrant County Bar Association. •Oct 2010: "Delaware Business Torts," Business Torts Institute 2010.
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•Jul 2010: "A Rough Sense of Justice" or "Practical Politics?" The Texas Supreme Court and Causation” Annual Advanced Civil Trial Course, State Bar of Texas. •April 2008: "An Intersection or the End of the Road? The Impact of Chapter 33 on Indemnity in Texas," Texas College for Judicial Studies. •Sept 2007: "Indemnity, Immunity and Responsible Parties," 2007 Judicial Section Annual Conference, Texas Center for the Judiciary. •Fall 2007: "An Annotated 'Model' Settlement Agreement," The Advocate, State Bar of Texas Litigation Section. •Aug 2007: "Chapter 33 and "Indemnity," 30th Annual Advanced Civil Trial Course, State Bar of Texas. •April 2007: "Chapter 33: Immunity, Indemnity and Other Emerging Issues," Texas College for Judicial Studies. •Feb 2007: "Chapter 33: Proportionate Responsibility and Other Frights," 23rd Annual Litigation Update, Texas BarCLE. •Aug 2006: "Chapter 33: Proportionate Responsibility and Other Frights," 29th Advanced Civil Trial Course. •Sep 2004: "Preparing to Take Depositions," and "Taking Depositions," STATE BAR OF TEXAS LITIGATION SECTION MAGAZINE (co-authored with Walker C. Friedman). •Jun 2004: Academy Health Annual Research Meeting: Speaker: "A Quiet Revolution: Role of the Courts in Health Care Systems Change." •Sep 2003: American Conference Institute: "The Most Common Causes of Action Today, And the Latest Strategies for Defending Them." •Sep 2003: Mealey's Bad Faith: "Potential Liability Arising from Class Actions." •Sep 2002: 13th Annual Medical Malpractice Conference. •Nov 2002: Advanced Expert Witness Course III: "The Expert on HMO Liability." •Oct 2002: State Bar of Texas' HMO and Managed Care Law: "HMO Liability to Patients: 10 Tips for Plaintiffs and 12 Tricks by Defendants in Chapter 88 HMO Liability Cases" •Apr 2001: Co-Author, "Recent Decisions Illustrate ERISA Preemption Morass," Texas Lawyer. •Aug 2000: Author, "ERISA Federal Preemption of HMO Lawsuits: New Case Law," Health Plan & Provider Report, Vol. 6, No. 32, pp. 979-991. •Sep 2002: Texas Trial Lawyers Association Medical Malpractice Conference: "Few Cases and a Big Hammer The HMO Liability Statute Works: Eight Essentials for Successful HMO Liability Claims." •Sep 2000: 4th Annual Conference on Suing and Defending Managed Health Care Providers: "Managed Care Liability Update. •Sep 2000: TMA Summit Advocacy, Policy, Professionalism: "Managed Care, Physician Negotiation and AntiTrust Legislation Update."
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•May 2000: State Bar of Texas' Advanced Commercial and Consumer Law Course: "Making Healthcare Claims Work."
•Nov 1999: Texas Hospital Association: "HMO Liability and Case Law Update
•Sep 1999: Texas Trial Lawyers Association’s Tenth Annual Advanced Medical Malpractice Conference
•Sep 1999: U.t. School of Law’s Third Annual Conference on Suing and Defending Managed Health Care Providers
•Mar 1999: Mealey’s HMO Liability Conference
•Mar 1999: State Bar of Texas’ Sixth Annual Advanced Medical Malpractice Course
•Jan 1998: State Bar of Texas Advanced Health Law 1998: “HMO Liability”
•Jan 1998: State of Texas 14th Annual Update Institute: “HMO Update”
•Oct 1997: U.T. School of Law Insurance Law Institute: “Litigation Involving Managed Health Care Providers”
•Sep 1997: U.T. School of Law Managed Care Litigation Conference: “Litigation Involving HMOs”
•Sep 1997: Texas trial Lawyers Association: “Beware of ERISA When Using the New HMO Liability Law”
•Sep 1997: Author, “Don’t Preempt the HMO Liability Bill,” Texas Lawyer
•Jan 1997: Author, Op-Ed Piece in View Points, Dallas Morning News: “Let’s Rein in Health Maintenance Organizations” Professional Activities:
Argued landmark case on HMO Liability to U.S. Supreme Court in March, 2004: CIGNA HealthCare of Texas, Inc. v. Calad (No. 03-83); Aetna Health Inc. v. Davila (No. 02-1845 [consolidated]
Successful Appellate counsel in the following HMO cases: Giles v. NYLCare, 172 F.3d 332 (5th Cir. 1999); Calad v. CIGNA Healthcare of Texas, Inc/Davila v. Aetna U.S. Healthcare, 307 F.2d 298 (5th Cir. 2002); Special Counsel to Attorney General, Corporate Health Ins., Inc. v. Texas Department of Ins., 12 F.Supp.2d 597 (N.D. Tex. 1998), aff’d in part, rev’d in part, 215 F.3d 526 (5th Cir.), rehearing denied, 220 F.3d 641 (5th Cir. 2000)(Aetna’s unsuccessful declaratory judgment action to declare Texas HMO liability statute preempted by 2000). Successful attorney in following published HMO cases: Furstonberg v. Mintz, 170 F.Supp.2d 695 (N.D. Tex. 2001); Carpenter v. Harris Community Health, 154 F.Supp.2d 928 (N.D. Tex. 2001); Plocica v. NYLCare of Texas, Inc., 43 F.Supp.2d 695 (N.D. Tex. 1999); Cyr v. Kaiser Foundation Health Plan of Texas, 12 F.Sup.2d 556 (N.D. Tex. 1998); Hammon v. Southwestern Gas Pipeline
First attorney to successfully use Texas’ 1997 law which prohibits financial incentives that act as an inducement to limit care; filed first suit under Texas’ 1997 HMO Liability Act; obtained first verdict and judgment (over $13 million) against HMO under Texas’ 1997 HMO Liability Act
Adjunct Professor: Texas Wesleyan School of Law: Texas trials and Appeals, Fall 1995; Fall 1996; Fall 1997
Guest lecturer on managed care issues at University of Texas School of Law Insurance Class (contact: Phil Maxwell); guest lecturer at Texas Wesleyan School of Law Mock Trial Program (contact: Amber Anderson)
Finalist, 2003 Trial Lawyer of the Year; Trial Lawyers for Public Justice (for work done on Pybas case; one of eight cases nominated nationally)
Various years: Texas “Super Lawyers” selected by Texas Monthly (only 5% of all Texas lawyers)
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Various years: “Top Attorneys in Tarrant county” by the Fort Worth Business Press (less than 3% of Tarrant County attorneys
2004 “Top Attorneys in Tarrant County” by Fort Worth Magazine Other Professional:
Numerous interviews to media on HMO issues, including ABC, NBC, CBS, PrimeTime Live, CNN, NPR, Business Week, Solon Magazine, Dallas Morning News, LA Times, New York Times, Washington Post, Austin American Statesmen, Fort Worth Star Telegram, Fort Worth Business Press, Texas Lawyer and various other newspapers across the country.
Board Certified – Civil Trial Law, Texas Board of Legal Specialization, Licensed: U.S. Supreme Court, Fifth Circuit Court of Appeals, Northern, Southern and Western Districts of Texas, Federal Circuit Court of Appeals.
Director, Texas Trial Lawyers Association: 2000 - 2001, Director Emeritus 2002 - 2004; Member, District 7A Grievance Committee, 1994 – 1997; 1995 – 96 Chair: Professional Enhancement Program; Secretary, Consumer Law Section, State Bar of Texas: 1992 – 1994 (Council member 1988 – 1994). Education:
B.A. in History, Southwestern University 1979; J.D. Texas Tech School of Law 1982 Service:
Executive Committee of the Board of Trustees at Southwestern University 1997 to Spring 2003; Board of Trustees, Southwestern University 1996 to Spring 2003; Texas Lyceum 1989 – 1995; Tarrant County Co-Chair, Caring for Children; Volunteer pro bono legal work and for various charitable and arts organizations; 1988 – 89 Class of Leadership Fort Worth

George Parker Young

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