Clayton Bailey

Partner
Mr. Bailey has extensive trial experience in complex litigation matters and an impressive record in federal and state appellate cases throughout the nation. Mr. Bailey has been named by his peers as a Future Rising Star in Texas in the 2012 and 2013 editions and as a Texas Local Litigation Star in the 2014 edition of Benchmark Litigation and is a Texas Super Lawyer, selected in 2011, 2012 and 2013 by publisher Thomson Reuters. Mr. Bailey has also been recognized as “Appellate Lawyer of the Week” by The Texas Lawyer for his work as lead appellate counsel in a case before the United States Fifth Circuit Court of Appeals. He is a member of numerous invitation-only professional associations, such as the Federal Bar Association and Litigation Counsel of America. Mr. Bailey also serves on several committees, including the Dallas Bar Association’s Judiciary Committee and Fee Disputes Committee. Mr. Bailey graduated magna cum laude from Baylor University and was elected into Phi Beta Kappa because of his academic success. He graduated cum laude from the Southern Methodist University School of Law. While at SMU School of Law, Mr. Bailey served as editor-in-chief of a law journal.

Mr. Bailey’s practice focuses on the litigation and trial of complex tort and commercial litigation matters. His experience includes litigating, trying and appealing cases involving contract disputes, business torts, RICO, ERISA, employment law, trade secrets, deceptive trade practices, fraud, breach of fiduciary duty, antitrust, Packers and Stockyards Act, and wrongful death. Mr. Bailey’s litigation experience also includes successfully defending against putative class actions and claims involving numerous parties. Mr. Bailey has tried several cases in federal courts (both district courts and bankruptcy courts) and state courts throughout Texas, Louisiana, and Oklahoma, as well as litigating cases in such states as Alabama, Arkansas, California, Georgia, Mississippi, New York, North Carolina and South Carolina. He also has significant experience briefing and arguing appeals before various federal and state appellate courts, including the Supreme Courts of Louisiana, Mississippi and Texas, various intermediate appellate courts throughout Texas and Louisiana, and the United States Courts of Appeals for the Fifth, Eighth, Ninth, Tenth and Federal Circuits.

Admissions

  • U.S. Supreme Court
  • U.S. Court of Appeals, Fifth Circuit
  • U.S. Court of Appeals, Eighth Circuit
  • U.S. Court of Appeals, Ninth Circuit
  • U.S. Court of Appeals, Tenth Circuit
  • U.S. Court of Appeals, Federal 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
  • Texas Supreme Court

Contact

Phone: (214) 360-7424
Email: CBailey@BaileyBrauer.com
Download V-Card

Fields of Practice

  • Appeals
  • Business Litigation
  • Class and Mass Actions
  • Complex Tort Litigation
  • Trials

Experience

  • Bailey Brauer PLLC (2013 – current)
  • Baker & McKenzie LLP (2000 – 2013)
  • Dallas Office Litigation Section Chair (2011-2012)

Representative Cases

Clinton Growers v. Pilgrim’s Pride Corp., 706 F.3d 636 (5th Cir. 2013)
Defeated claims of over 100 plaintiffs after modifying adverse Arkansas law.
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.
Miller v. Pilgrim’s Pride Corp., 970 So.2d 1268 (La. App. 3 Cir. 2007)
Aff’d in part, reversed in part, vacated in part, 991 So.2d 445 (La. 2008) Obtained reversal and vacatur by Louisiana Supreme Court of an adverse award of millions of dollars in treble damages and attorney’s fees in a dispute involving the Louisiana Unfair Trade Practices and Consumer Protection Law.
Coho Res., Inc. v. Chapman, 913 So.2d 899 (Miss. 2005)
Obtained reversal and granting of new trial by Mississippi Supreme Court of an adverse $1.3 million jury verdict in favor of contractor injured on oil rig.
Shear Cuts, Inc. v. Littlejohn, 141 S.W.3d 264 (Tex. App.-Fort Worth 2004, no pet.)
Obtained reversal of an adverse award of exemplary damages.
Pratt-Shaw v. Pilgrim’s Pride Corp., 122 S.W.3d 825 (Tex. App.-Dallas 2003, pet denied)
Obtained affirmation of favorable judgment in wrongful death case based on a pre-injury waiver.
Reiff v. Roy, 115 S.W.3d 700 (Tex. App.-Dallas 2003, pet. denied)
Obtained affirmation of dismissal of claims against client based on lack of jurisdiction and defined contours of law regarding reliance on websites to establish sufficient contacts for a Texas court to exercise jurisdiction over out-of-state defendants.
Morris v. Burlington Ins. Co., No. 02-01-00234-CV (Tex. App.-Fort Worth), pet denied, 02-0891 (Tex. Dec.          12, 2002), reh’g denied, (Tex. Jan. 30, 2003)
Obtained reversal of jury verdict and decision in favor of client who sued insurance company.

Publications/Speaking Engagements

  • “The GIPSA Rules After the Consolidated and Further Appropriations Act, 2013: Must Your Live Production Operations Still Comply with the GIPSA Rules?” webinar June 2013
  • “Hot Legal Issues Impacting the Poultry Industry,” sponsored by the Louisiana Poultry Association 2013 (Shreveport, Louisiana)
  • “The USDA’s New Effort to Roll Back the Tide of Federal Law Requiring Anticompetitive Effects Under § 202 of the Packers and Stockyards Act,” American Bar Association’s Agriculture & Food Committee Newsletter, Fall 2012
  • “Lawyers in the Crosshairs: When Does Zealous Representation Cross the Line? Perspectives from the SEC, Industry, and Ethics Experts,” sponsored by Baker & McKenzie LLP 2012 (Dallas, Texas)
  • “Grain Inspection, Packers and Stockyards Administration Status,” sponsored by the U.S. Poultry and Egg Association 2012 (Birmingham, Alabama)

  • “Hot Legal Issues Impacting the Poultry Industry,” sponsored by the Mississippi Poultry Association 2012 (Starkville, Mississippi)
  • “Hot Legal Issues Impacting the Poultry Industry,” sponsored by the Louisiana Poultry Association 2012 (Shreveport, Louisiana)
  • “New GIPSA Regulations Impacting the Livestock and Poultry Industries,” webinar 2011
  • “USDA-GIPSA Regulations,” sponsored by the Louisiana Poultry Association 2011 (Shreveport, Louisiana)
  • “China Update 2010: Recalibrating Your China Options,” sponsored by Baker & McKenzie, LLP 2010
  • 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

Professional Associations and Memberships

Litigation Counsel of America

Litigation Counsel of America, The Trial Lawyer Honorary Society – Fellow

American Bar Association

Agriculture and Food Committee of the Section of Antitrust Law

State Bar of Texas

Antitrust and Business Litigation
Appellate Section
Litigation Section

Dallas Bar Association

Judiciary Committee
Fee Disputes Committee

Federal Bar Association

The Trial Law Institute

The Trial Law Institute – Member