Billy McGill has been practicing law for twenty five years as a litigation and appellate attorney. He has tried cases to juries and to the bench, written appeal briefs and argued appeals in both state and federal court. Billy has also prepared and responded to more than 100 summary judgment motions and taken and defended hundreds of depositions.
Billy McGill is Of Counsel with the Law Office of Bob Osburn.
Billy McGill is Of Counsel with Crain Lewis Brogdan LLP.
Southern Methodist University, Class of 1990, J.D.
Law School Honors
- Class Rank: 7th of 229
- Order of the Coif
- Coordinating Notes and Comments Editor, Southwestern Law Journal, 1989-90
- Editor, Southwestern Law Journal, 1988-89
- Summa Cum Laude
University of Texas at Arlington, Class of 1978, B.A. in Economics
- GPA of 3.93
- Summa Cum Laude
- Beta Gamma Sigma
- Alpha Chi
- Personal injury, wrongful death and tort litigation
- Insurance coverage and bad faith;
- Contract and commercial litigation
- Real estate and construction
- Oil and gas
- General civil litigation
- General appellate work
- Drafting and responding to motions for summary judgment
- Taking and defending depositions
- Preparing written discovery
- Drafting pretrial documents including proposed jury charges
- Preparing proposed findings of fact and conclusions of law
- Preparing pretrial orders and motions in limine
- Drafting and responding to daubert challenges
- Legal research
- Insurance coverage analysis
- Drafting and responding to post-trial motions and writing appellate briefs in state and federal courts.
Cases require legal research, which involves finding prior court decisions, statutes and regulations that govern the case. There may be a compelling, heart wrenching story, but without supporting legal research, there may not be a case. Legal research often makes or breaks a case.
Billy McGill has spent time in courtrooms, and is comfortable there. For most of his career he has been the “behind the scenes” lawyer who spends the vast majority of his time doing the legal research, writing the briefs for trials and appeals, researching reviewing and analyzing documents and records, and preparing for depositions. Additional important behind the scenes work includes:
- Finding the right expert and working with the expert to make sure his report meets the required legal standards. In most cases, expert testimony and expert reports are required. The United States Supreme Court in the Daubert opinion and the Texas Supreme Court in the Robinson opinion adopted the standards that must be met in order to be able to present expert testimony.
- Preparing questions for witnesses whose depositions will be taken. Witness depositions can last all day in some cases, and thorough preparation is critical for drawing out facts from key witnesses.
- Reviewing documents. Often thousands of pages, that support the case, or that could be an obstacle in the case. Documents and records may make or break your case.
One of the events that often occurs in civil cases is that one side, usually the defendant, will file what is called a motion for summary judgment. A motion for summary judgment is an attempt to have the case dismissed before it gets to trial. It is a brief to the judge arguing that there is not enough evidence to support the other side’s case. Billy has successfully written briefs supporting or defending against motions for summary judgment in over 100 cases, in both state courts and federal courts. A few recent examples include:
- Prepared response and brief, and argued it before the court, which that resulted in the defeat of a summary judgment motion filed by a major airline in a breach of contract case;
- Prepared response and brief, and argued it before the court, which resulted in the defeat of a summary judgment motion filed by a municipality in a wrongful death case;
- Prepared response and brief that resulted in the defeat of a summary judgment motion filed in a breach of fiduciary case between business partners;
- Prepared response and brief, and argued it before the court, which resulted in the defeat of a summary judgment motion filed any an insurance company in an insurance bad faith case, which helped facilitate a favorable settlement;
- Prepared a successful motion for summary judgment for a defendant in an employment discrimination case, which resulted in the dismissal of the plaintiff’s lawsuit;
- Prepared a response and brief that resulted in the defeat of a summary judgment motion by a retail store chain’s in a premises liability case, which helped facilitate a favorable settlement;
- Prepared appellate brief after plaintiff verdict that was filed in the 5th Circuit Court of Appeals which led to a favorable settlement two weeks later.
- Prepared brief in a successful motion to compel arbitration in Ohio in a case where a Texas resident had improperly sued an Ohio company in Texas;
- Prepared brief in support of a special appearance by a business that manufactured specialty cars, which resulted in the dismissal of the lawsuit against the client.
- Billy McGill has written appeal briefs and successfully argued before courts of appeal in many cases over the past 22 years, in both state and federal courts. A few recent examples include:
- City of Haltom City v. Aurell, 380 S.W.3d 839 (Tex.App.–Fort Worth, 2012)
- Tabacinic v. Frazier, 372 S.W.3d 658 (Tex.App.–Dallas, 2012)
- Best Auto v. Autohaus, LLC, 339 S.W.3d 372 (Tex.App.–Dallas, 2011)
- Duncan-Hubert v. Mitchell, 310 S.W.3d 92 (Tex.App.–Dallas, 2010)
- Pierre v. Tilley, 2007 WL 2067757 (Tex.App.-Fort Worth, 2007)
- McLane v. McLane, 2007 WL 174348 (Tex.App.-Fort Worth, 2007)
- Hensarling v. Covenant Health System, 2006 WL 507961 (Tex.App.-Amarillo, 2006)
- Kitchen v. Frusher, 181 S.W.3d 467 (Tex.App.–Fort Worth, 2005)
- In re Estate of Lathem, 2005 WL 2036563) (Tex.App.-Eastland, 2005)
- Knowles v. City of Granbury, 953 S.W.2d 19 (Tex.App.–Fort Worth, 1997)
- Pierre v. Potomac Ins. Co. of Illinois, 350 Fed.Appx. 944, 945, 2009 WL 3444790 (C.A.5 (Tex.), 2009)
- White v. Anselma, Inc., 1994 WL 1107301 (Tex.App.-Dallas, 1994)
- King v. Associated Air Center, Inc., 1991 WL 284483 (Tex.App.-Dallas, 1992)
- In re Cueva, 371 F.3d 232 (C.A.5 (Tex.),2004)
- Osburn v. Denton County, 124 S.W.3d 289 (Tex.App.–Fort Worth, 2003)
- NCNB Texas Nat’l Bank v. Winston, 9:91-cv-00187-WMS (E.D.-Texas, 1993)
- Wooten v. Relco Systems, Inc., 3:12-CV-03905-P (N.D.-Texas, 2015)