Daryl Bailey represents plaintiffs and defendants in trials, appeals, mediation and arbitration. As a trial lawyer, Daryl has successfully obtained favorable judgments for his clients through jury verdicts and bench trials. As a counselor, Daryl has been instrumental in assisting clients in resolving their disputes through mediation-formal and informal. Daryl practices complex commercial, business litigation with an emphasis in real estate matters, including construction and also employment litigation. He is particularly accomplished in disputes related to real estate and claims against title insurance companies and their insureds. Through a wide variety of representations of clients, Daryl has gained substantial experience in cases involving multiple parties, contracts, fraud, business torts, DTPA, UCC, trade secrets, employer/employee contracts (including non-competes), sexual harassment and other discrimination claims, landlord/tenant, and lien filings, contractors and subcontractors rights and eminent domain / condemnation. Daryl's appellate practice includes a case he argued before the Texas Supreme Court which the Texas Lawyer ranked as one of the top 50 cases that had a significant impact on Texas law.
Daryl serves as chair for 2017 of the Governing Board of Directors of Lexwork Americas, a strategic alliance of over twenty mid-sized law firms throughout the United States, Canada, and Central and South America. Lexwork Americas is affiliated with Lexwork International, with law firms in over 36 countries worldwide.
Daryl received his J.D. from the South Texas College of Law Houston, and attended Michigan State University for his undergraduate education.
- Successfully represented a Houston-based, Fortune 500 company in the defense of a $3 million breach-of-contract-claim brought by its former labor supplier. After a six-day jury trial in Harris County, the jury returned a verdict finding Gray Reed’s client had no liability and therefore no damages were awarded to the Plaintiff.
- On appeal, Daryl and his team obtained dismissal of a Plaintiffs’ lawsuit claiming over $100,000,000 in damages against Gray Reed's client. Gray Reed's client objected to the personal jurisdiction of Texas courts by filing a special appearance. The trial court denied the special appearance. The Dallas Court of Appeals reversed the trial court holding that there was no general jurisdiction because the non-forum party was not "at home" in Texas despite that it has some purposeful contacts with Texas. The court of appeals continued to follow the more recent U.S. Supreme Court's view of strictly construing when a forum state has personal jurisdiction over a non-forum defendant which is a significant change from prior personal jurisdiction cases.
- Won verdict on behalf of Stewart Title Company against claims of negligent misrepresentation, conversion and fraud related to closing escrow function in disbursing sales proceeds.
- Obtained verdict on behalf of mid-size construction company related to claims of concrete slab failure.
- Obtained and collected a $500,000.00 judgment for an Assistant Principal who filed a lawsuit alleging a whistleblower claim, sexual harassment and retaliation claims under State and Federal laws against the largest public school district in the State of Texas.
- Successfully prosecuted arbitration proceeding on behalf of mid-size oil & gas equipment manufacturer against one of the world's largest oil & gas equipment and service companies.
- Obtained from Fifth Circuit Court of Appeals in Dallas, Texas, reversal of cross-motions for summary judgment which was rendered to trial court with only issue remaining being award of attorney's fees. Issues related to interpretation of UCC provisions relative to right to payment of "proceeds" on insurance policy after collateral was destroyed by fire.
- Successfully defended a DTPA and bad-faith claim against a title insurance company which involved complex real property issues and resulted in the successful severance of the real property claim brought by Barbara Piotrowski Minns in her lawsuit against the infamous Richard "Dick" Minns in which a $60 million judgment was entered in favor of Ms. Minns.
- Successfully obtained affirmation by U.S. Court of Appeals, Fifth Circuit, of a summary judgment rendered by the trial court in favor of defendant real estate partnership.
- The successful appellate defense of dissolving a temporary injunction which had prohibited a former employee from working for a competitor.
- Obtained favorable results through writing briefs and orally arguing before the Texas Supreme Court and courts of appeals at the state and federal level as reflected below in the reported cases.
- Moss v. Tennant, 722 S.W.2d 762 (Tex. App. -- Houston [14th Dist.] 1986, writ ref'd n.r.e.).
- Ojeda De Toca v. Wise, 748 S.W.2d 449 (Tex. 1988).
- Manhattan Construction v. Hood Lanco, Inc., et al., 762 S.W.2d 617 (Tex. App. -- Houston [14th Dist.] 1988, writ denied).
- Martinka v. Commonwealth Land Title Insurance Company, 836 S.W.2d 773 (Tex. App. -- Houston [1st Dist.] 1992, writ denied).
- First National Petroleum Corp. v. Lloyd, 908 S.W.2d 23 (Tex. App. -- Houston [1st Dist.] 1995, no writ).
Professional Activities, Memberships & Affiliations
- Governing Board Member, Chair and Former Vice Chair: Lexwork Americas Governing Board, Lexwork International (01/14-present)
- State Bar of Texas (Member: Appellate Section; Construction Section; Labor & Employment Law Section; Litigation Section; Real Estate, Trust & Probate Section).
- Houston Bar Association (Member: Appellate Section; Construction Section; Labor & Employment Law Section; Litigation Section; Real Estate Section).
- Texas Land Title Association (Judiciary Committee, Institute Committee).
- Selected by his peers for inclusion in Woodward/White, Inc.'s The Best Lawyers in America in the field of Commercial Litigation (2012 –2018)
- Named a "Super Lawyer" by Texas Super Lawyers (a Thomson Reuters business) as published in Texas Monthly and Law & Politics magazine (2006, 2009-2017)
- AV Preeminent rated (the highest possible Martindale-Hubbell Peer Review Rating designation) for Ethical Standards and Legal Ability, reflecting the confidential opinions of members of the Bar and Judiciary