JAMES E. MONTGOMERY, JR., J.D.
BORN: February 18, 1953
Married: Linda C. Montgomery with 2 children, James Montgomery, III and Anne Ivy and 2 stepdaughters, Heather Stoner and Leslie Giese. 7 grandchildren.
EDUCATION
Southern Methodist University, Doctor of Jurisprudence, 1978
Duke University, Bachelor of Arts, 1975
EMPLOYMENT:
1975-1977 4Day Tire Store, Richardson, TX; tire mechanic and sales
1977-1978 McMullen & Porter, Dallas, TX – law clerk
1978-1981 Strong, Pipkin, Nelson, Parker & Bissell, Beaumont , Tx – associate attorney
1981-1984 Sibley & Montgomery, PC, Beaumont, TX – partner
1984-1986 Law Office of Gilbert Adams – attorney
1986-1988 Jefferson Savings & Loan Association, Beaumont, TX – President and Chief Operating Officer – Chair, Investment Committee; Chair, Loan Committee. Worked with regulators with both Texas Savings & Loan Association, Federal Home Loan Bank and Resolution Trust Corporation. Review loan portfolios at numerous failed savings & loan associations.
1988-1989 Montgomery & Koniuszy, Beaumont, TX – Partner
1989-1994 Sawtelle, Goode, Davidson & Troilo (Davidson & Troilo) – attorney, Head of Litigation Section; Served as outside counsel for FDIC litigation
1994-1996 Montgomery & Associates, PC – President, plastic pipe litigation specialty
1996-2003 Soules & Wallace – Attorney
2003-Present James Montgomery & Associates, PC – President;
2010-Present “of counsel” to Elms, Harmon, Macchia, LLC.
PROFESSIONAL AFFILIATIONS
State Bar of Texas and the San Antonio Bar Association (Publications, District Courts Committees): Jefferson County Bar Association, 1978-1989, Treasurer (1986)
Founding Board of Governors for the Fifth Circuit Bar Association for the U.S. Court of Appeals in New Orleans, Louisiana, from 1983 to 1986, as the Governor for the Eastern District of Texas. Editor of the Fifth Circuit Reporter from 1983 to 1986
Rated “AV”, from Martindale Hubbell.
Who’s Who in American Law, 1996-Present
Texas Super Lawyer, 2008 – www.superlawyers.com
Finalist in Individual category in Ethics in Business Initiative sponsored by the San Antonio Business Journal, the Ecumenical Center for Religion and Health and the UTSA Business School., Ecumenical Center For Religion and Health, 2008
LICENSES
Texas, 1978
Maryland, 1994 (inactive)
United States District Courts:
Western, Eastern, Northern and Southern Districts of Texas
District of Maryland
Western District of Louisiana
United States Court of Appeals for the Fifth Circuit
United States Supreme Court
Board Certified (inactive) in Commercial and Residential Real Estate Law, Texas Board of Legal Specialization
SIGNIFICANT LITIGATION
COMMERCIAL LITIGATION
Scout Royalty, et al v. John Clanton, et al, Southern District of Texas. Represented lessors in an oil royalty dispute with the producer involving settlement of a take or pay contract. Case settled at mediation on eve of trial with significant recovery for the lessors in the face of published decisions holding no right of recovery.
Sumrall v. Navistar, Jefferson County District Court. Represented plaintiff in usury suit following refinance of time/price differential contract involving long haul trucks. Verdict for Plaintiff upheld on appeal.
Represented numerous parties in business breakups (divorces) involving alleged breaches of buy/sell agreements, partnership agreements, and other contractual relationships.
Represented numerous parties in real estate matters involving liens, title questions, restrictive covenants and lender liability matters. Former outside counsel to FDIC and obtained numerous judgments on defaulted loan arrangements.
PRODUCTS LIABILITY
City of Round Rock, Texas v. Shell Oil Company, et al, Williamson County District Court. Represented the city in suit to recover damages due to use of defective polybutylene water service pipe. Settled in mediation before trial. This matter is one of many polybutylene cases handled for cities, municipal water districts and thousands of homeowners involving plastic pipe. Recoveries for clients were made in these cases in courts in Texas, Alabama, and Maryland.
PATENT/TRADE SECRET
DPT Laboratories v. Bath & Body Works, Inc., Western District of Texas. Represented the Plaintiff in trade secret dispute over wrongful misappropriation of formula. Case was settled favorably for client.
Represented numerous companies in matters involving non-competition and non-disclosure agreements ranging from employee theft to buy/sell agreements.
PROBATE LITIGATION
Represented guardians in a number of suits involving alleged breaches of trust with satisfactory resolutions.
CIVIC ACTIVITIES
Rotary Club of San Antonio at the Dominion, Charter Member, Community Service Lane Chair 2003-4, Historian 2003; Chair Wild West Days 2005; Program Chair 2010-2011. Rotary Foundation: Multiple Paul Harris Fellow, Paul Harris Society member, Major Donor, and member of the Bequest Society. Participated in coordinating two Matching Grants from the Foundation to distribute wheelchairs with the Wheelchair Foundation in Mexico and Africa.
Alamo Heights Rotary Club, President 1997-98, Board of Directors (1994-99), Past Chairman for International Service and Community Service, Past Chairman of the Rotary Foundation, Paul Harris Fellow, Rotary Foundation Benefactor. Past Chairman of Alamo Heights Nite, 1996. Member of Rotary International since 1983.
Rotary District 5840, District Governor for 2008-2009. District Governor is Rotary International officer in district which covers 44 counties in South Central Texas with almost 3,000 Rotarians. Governor oversees operations, fundraising, training, and Rotary Foundation activities. District membership grew more than any other District in Continental US. Sponsored Vocational Transformation Center raising over $400,000 towards a 3 year goal of $1,250,000.
Chair, Haven For Hope Committee 2010-2011.
Volunteer SA Reads campaign to stop illiteracy in the second grade throughout San Antonio, Bexar County and the 44 counties of the Rotary District.
Rotary International: Assistant Rotary Coordinator 2010-2011, Rotary International Assembly, International Training Leader 2011, 2012 – selected as one of 40 instructors worldwide to train 532 incoming District Governors from around the world.
Outstanding Young Man in America in 1983
Active in the Boy Scouts of America, having received the Eagle Scout Award, served as Assistant Scout Master, Cub Master, and District Chairman for three separate terms in two different councils, and participated in fundraising for the local Council.
Board of Directors for the Boys & Girls Clubs of San Antonio, Inc., 1994-97; Chairman of Golden Gloves Regional Tournament 1995-96, 1996-97
Board of Directors, San Antonio Youth Literacy/Leadership, 1997-2000
March of Dimes Celebrity Serve Luncheon, Co-chairman 1998-99; Chair 1999-2000.
American Cancer Society, Local Board of Directors, 2000 Cattle Barons Gala, Live Auction Chair; 2001 Cattle Barons Gala, Sponsorship Chair; National Excalibur Society Member.
KLRN Wine Festival, Co-chairperson with wife Linda Montgomery, 2006.
PUBLICATIONS AND SPEECHES
“Bankruptcy – Effects on Secured Claim,” in Foreclosure and Repossession in Texas, National Business Institute, Inc., 1989.
“Water Rights Boundary Law Seminar” – 1993.
“Five Deadly Weapons Businesses Use to Kill Themselves” – 1998
“The Legal Aspects of Y2K on Business” – San Antonio Hospital Association, 1998.
“Business Litigation”, 2001 State Bar of Texas Advanced Civil Litigation Seminar, San Antonio (paper by Kim Askew of Hughes & Luce).