Alexander Brauer

Partner
Mr. Brauer represents both businesses and individuals in various high-stakes litigation matters. He has successfully litigated and tried cases in federal and state courts throughout Texas, Louisiana, Arkansas and Nevada. Mr. Brauer also has a stellar record representing clients in appeals before the United States Fifth Circuit Court of Appeals and various Texas state intermediate appellate courts. Because of his success, Mr. Brauer has been consistently recognized as a Texas Rising Star, as published in Thompson Reuters, every year since 2010. Mr. Brauer also serves on numerous committees such as the Dallas Bar Association’s Judiciary Committee and Fee Disputes Committee. Mr. Brauer graduated cum laude from Florida State University and from the Georgetown University Law Center, where he served as executive editor of a law journal.

Mr. Brauer’s practice focuses on defending and prosecuting complex commercial litigation matters involving claims of fraud, breach of contract, business torts, breach of fiduciary duty, conspiracy, deceptive trade practices, theft of trade secrets, RICO, antitrust, and violations of the Fair Labor Standards Act and the Packers and Stockyards Act. He has successfully defended against class and collective actions, and also represents parties in complex tort matters, including negligence and wrongful death cases.

Admissions

  • U.S. Court of Appeals, Fifth Circuit
  • U.S. District Court, Northern District of Texas
  • U.S. District Court, Eastern District of Texas
  • U.S. District Court, Southern District of Texas
  • U.S. District Court, Western District of Texas
  • U.S. District Court, Western District of Wisconsin
  • Texas Supreme Court

Contact

Phone: (214) 360-7432
Email: ABrauer@BaileyBrauer.com
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Fields of Practice

  • Appeals
  • Class and Collective Actions
  • Complex Commercial Litigation
  • Complex Tort Litigation
  • Employment Litigation
  • Trials

Experience

  • Bailey Brauer PLLC (2013 – current)
  • Baker & McKenzie LLP (2005 – 2012)
  • Winstead PC (2003 – 2005)

Representative Cases

Wheeler v. Pilgrim’s Pride Corp., 591 F.3d 355 (5th Cir. 2009) (en banc)
Recognized as “tidal wave” opinion and cemented the law protecting the agribusiness industry.
City of Clinton, Ark. v. Pilgrim’s Pride Corp., 632 F.3d 148 (5th Cir. 2010)
Preserved a favorable judgment after defeating a city’s claims seeking in excess of $28 million in damages.
Wheeler v. Pilgrim’s Pride Corp., 246 F.R.D. 532 (E.D. Tex. 2007)
Defeated class certification in antitrust conspiracy case against the nation’s two largest poultry companies.
Wheeler v. Pilgrim’s Pride Corp., No. 07-39 (5th Cir. Dec. 7, 2007)
Successfully persuaded the Fifth Circuit to deny Plaintiffs’ petition for permission to appeal the district court’s refusal to certify a class action – the Fifth Circuit typically grants 90% of petitions to appeal class certification decisions.
Do v. Pilgrim’s Pride Corp., 512 F. Supp. 2d 764 (E.D. Tex. 2007)
Obtained summary judgment against RICO claims seeking millions of dollars in damages.
Do v. Pilgrim’s Pride Corp., 2006 U.S. Dist. LEXIS 55374, 2006 WL 2290556 (E.D. Tex., Aug. 9, 2006)
Successfully defended against claims of fraud, breach of contract, unjust enrichment, constructive trust, breach of fiduciary duty, breach of the duty of good faith and fair dealing, conversion, and tortious interference with contract.
Michigan Turkey Producers, LLC v. Pilgrim’s Pride Corp., Case No. 71 181 Y 00100 06 American Arbitration          Association
Successful defense of petitioner’s fraud, tort and contractual claims seeking $1.7 million in damages – arbitrators awarded a mere $1.00 in nominal damages.
In re Pilgrim’s Pride Corp., No. 08-45664, 2011 Bankr. LEXIS 960 (Bankr. N.D. Tex. Mar. 24, 2011)
Obtained directed verdict after plaintiff’s case in chief asserting claims for unfair and deceptive acts.
Navarro Hospital, L.P. v. Harrison, Case No. 71 193001660901 American Arbitration Association
Obtained award in favor of client on breach of contract claim and successfully defended against fraud and fraudulent inducement claims relating to physician recruiting agreement.

Publications/Speaking Engagements

  • Co-author, “The Supreme Court Expands the Breadth of RICO by Removing First-Party Reliance as an Element of A Civil RICO Claim,” American Bar Association’s Business Torts and RICO News, Winter 2009
  • Co-author, “Judicial Misconduct,” 14 Geo. J. Legal Ethics 963 (2001)

Professional Associations and Memberships

American Bar Association

Business Torts Litigation Committee
Trial Practice Committee
Trial Evidence Committee

State Bar of Texas

Appellate Section
Business Law Section
Litigation Section

Dallas Bar Association

Appellate Law Section
Business Litigation Section
Trial Skills Section
Judiciary Committee
Fee Dispute Committee