Brown McCarroll Attorneys at Law

Richard A. Illmer

Partner

Dallas

214-999-6112

rillmer@brownmccarroll.com

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Legal Experience

Rick Illmer is engaged in a civil trial practice involving complex commercial and business tort litigation, including class action litigation and serves as the leader of the Litigation practice group. He has handled a wide range of cases in state and federal court including appeals and in arbitration.  The matters include contract disputes, employer/employee relations, collections-related matters, fraud, civil antitrust claims, civil claims arising under the Racketeer Influenced Corrupt Organizations Act (RICO), matters arising under franchise law, covenants not to compete and trade secrets, corporate securities, banking, real estate-related disputes, partnership disputes, landlord/tenant disputes, breach of fiduciary duty claims, and product liability claims.  Mr. Illmer also handles claims against life and health insurers asserted under the Texas Deceptive Trade Practices-Consumer Protection Act, Texas Insurance Code, and bad faith.  His clients have included businesses in the hotel and resort, banking, aviation, real estate development, residential home building, brokerage/securities, mortgage lending and life insurance sectors.  In the financial services arena his clients include:  Southwest Securities, FSB, National City Mortgage, Wells Fargo Bank, N.A. and Jackson National Life Insurance Company.  He has represented clients in lawsuits and arbitrations filed in Texas, Arizona, Arkansas, California, Florida, Michigan, Montana and Oklahoma.

Recent Trials to Verdict

• Prestonwood Tower, Ltd. et. al. v. Piedmount Montfort Partners, L.P. et. al.; Cause Number: 05-CV-05157; in the 298th Judicial District Court, Dallas County, Texas.  Defense of a slander of title and injunction action arising out of alleged easement.  Defense verdict, injunction denied.
• Carolyn A. Adams v. National City Mortgage Company and Steve Paulson d/b/a Steve Paulsen Properties; Cause No. 141-208136-04; in the 141^st District Court, Tarrant County, Texas:  Defense of breach of contract claim arising out of a construction loan agreement.  Defense verdict of "zero."
• Soraya Fletcher d/b/a Exquisite Stone v. Mark S. Thompson  and Denmark, Inc., d/b/a Murray Appliance; Cause No. 2006-50318-367; in the 367^th Judicial District Court, Denton County, Texas:  Defense of breach of contract claim arising out of an alleged referral agreement.  Defense verdict of "zero."
• First Financial Equities, Inc. v. First Savings Bank, F.S.B.; Cause No. 236-197247-03; in the 236th Judicial District Court, Tarrant County, Texas:  Defense of breach of contract claim arising out of warehouse lending relationship.  Defense verdict of zero.
• Ameristar Jet Charter, Inc. v. Signal Composites, Inc. d/b/a Signal Aerospace; Cause No. 3-98CV1360-L; in the United States Court for the Northern District of Texas Dallas Division: Fraud claim against distributor of counterfeit inner and outer combustion liners.  Plaintiff’s verdict for $450,000 in actual damages and $900,000.00 in punitive damages.
• Ameristar Jet Charter, Inc. et. al. v. Dodson International Parts, Inc.; Case No. 98-CV-14586; in the 16th Judicial Circuit Court of Jackson County, Missouri: Negligence claim arising out of transportation of aircraft.  Plaintiff’s verdict of $1.4 million.
• Ameristar Jet Charter, Inc., v. Compass Bank; Cause No. 98-03526-I; 162nd Judicial District Court, Dallas County, Texas: UCC and breach of contract claim arising out of payment of altered cashier’s checks.  Plaintiff’s verdict $690,000.
• Southwest Securities, Inc. v. Zurn Industries, Inc.; Cause No. 97-00548-L; 193rd Judicial District Court, Dallas County, Texas: Breach of contract action arising out of investment banking transaction.  Plaintiff’s verdict of $2.5 million.
• Warren N.L., Inc. (Dynegy) v. Campeon Pipeline Corporation and Sunland Construction, Inc., Cause No. 98-08440; in the 151st Judicial District Court of Harris County, Texas: Defense of fraud claim arising out of construction of pipeline.  Defense verdict of “zero.”

Education

• Doctor of Jurisprudence, Southern Methodist University, 1986
• Bachelor of Business Administration, cum laude, Stephen F. Austin State University, 1983
  • McKinley Outstanding Economics and Finance Graduate

Professional Licenses

• Attorney at Law, Texas, 1986

Court Admissions

• Supreme Court of the State of Texas
• United States District Court for the Eastern District of Texas
• United States District Court for the Western District of Texas
• United States District Court for the Southern District of Texas
• United States District Court for the Northern District of Texas

Prior Professional Experience

• Sifford, Edson, Meyer & Jones, Associate and Partner, 1987-1993
• Brice & Mankoff, Associate, 1986

Speeches and Publications

• Vicarious Liability for Misrepresentations by Independent Life Insurance Agents-The Lies that Bind?, International Claims Association, 1994, Speech
• Upping the Ante: Multiple Damage Awards on Life and Health Insurance Claims, What’s Being Done and What You Can Do About It, Eastern Claims Conference and 1996 Midwest Claims Conference, 1995-1996, Seminar
• Winning the War Before the Battle Begins, Eastern Claims Conference, Litigation Preparation, 1998, Seminar

Professional Memberships and Activities

• Defense Research Institute
• Dallas County Bar Association
• State Bar of Texas
• American Bar Association
• The Association of Life Insurance Counsel

Honors

• AV® Preeminent ™ Peer Review Rated
  • AV® Preeminent ™ and BV® Distinguished™ are certification marks of Reed Elsevier Properties Inc., used in accordance with the Martindale-Hubbell certification procedures, standards and policies.