Michael Martin Essmyer Houston, Texas
| Managing Partner, since
1989 | |
| phone | (713) 869-1155 |
| fax | (713) 869-8957 |
| Email Me | |
Michael M Essmyer graduated from Texas A& M University with a Bachelor of Science degree in Geology in 1972. He served as an officer in the United States Air Force until 1978. He received his Doctor of Jurisprudence, Magna Cum Laude, from South Texas College of Law in 1980. From 1980-81, he was a briefing attorney for the Supreme Court of Texas, Judge Pope. He has been in private practice in Houston for over twenty-five years. He is a former officer and shareholder in the law firm of Haynes & Fullenweider, P.L.C. in Houston. He founded the firm now known as Essmyer & Tritico, L.L.P. in 1989. His professional memberships include the American Bar Association, Houston Bar Association, Texas Bar, the American, Texas and Houston Trial Lawyers Associations, and the Federal Bar Association, among others.
Michael has been admitted to practice before the U.S. Supreme Court; the U.S. Court of Appeals for the First, Fifth, Seventh, and Ninth Circuit Appellate Courts, and the Southern, Northern, Eastern and Western Federal District Courts of Texas. Michael has also been selected to appear in multiple editions of Marquis Who's Who, including Who's Who in America. Michael has handled cases from Municipal Court thru and including appeals to the United States Supreme Court. Michael has handled multiple cases that were well publicized. These include his representation of clients in suits against Larry Flint's Hustler Magazine, the City of Houston, and the American Medical International Inc. He has represented the officers and directors of Savings and Loans in various jurisdictions and in both civil and criminal courts. Michael has also represented both Companies and Unions, the individual and the corporation. Michael has received verdicts and/or settlements for plaintiffs in excess of $100 million dollars. He has also successfully defended multimillion dollar cases.
As a practicing attorney, it is Michael's goal to represent his clients vigorously within the bounds of the law, and to work diligently on behalf of his clients' cases. It is also his and the firm's goal to participate in community projects and community affairs, and to protect the concept of justice for all.
- Year Joined Organization:
- 1989
- Areas of Practice:
- Antitrust & Trade Regulation
- Appeals
- Business & Commercial Law
- Contracts
- Criminal Law
- DUI/DWI
- Employment Law -- Employee
- Employment Law -- Employer
- Environmental Law
- Federal
- Injunctive Relief
- Insurance Litigation
- Litigation & Appeals
- Medical Malpractice
- Motor Vehicle Accidents -- Plaintiff
- Nursing Home
- Personal Injury -- Plaintiff
- Products Liability Law
- Professional Malpractice Law
- Sexual Harassment
- Toxic Torts
- White Collar Crimes
- Bar Admissions:
- Texas, 1980
- U.S. Court of Appeals 1st Circuit, 1981
- U.S. Court of Appeals 5th Circuit, 1981
- U.S. Court of Appeals 7th Circuit, 1982
- U.S. Court of Appeals 9th Circuit, 1981
- U.S. District Court Southern District of Texas, 1982
- U.S. District Court Northern District of Texas, 1982
- U.S. District Court Eastern District of Texas, 1982
- U.S. District Court Western District of Texas, 1982
- U.S. Supreme Court, 1991
- U.S. Court of Federal Claims, 1981
- Education:
- South Texas College of Law, Houston, Texas,
1980
J.D.
Honors: With Highest Honors
Honors: Member, Order of Lytae
Law Review: South Texas College of Law - Texas Christian University, Fort Worth, Texas,
1977
Business Courses - Texas A&M University, College Station, Texas, USA,
1972
B.S.
Honors: National Merit Scholar
Major: Geology
- Representative Cases:
- Gold v. City of College Station, 40 S.W.3d 637 (Tex. App.-Houston, 1st District 2001)
- Kennedy v. Collagen Corp., 967 F.2d 587 (9th Cir. 1992)
- Kennedy v. Collagen Corp., 974 F.2d 1342, Cert. Denied 509 U.S. 923 (1995) (9th Cir. 1992)
- Kennedy v. Collagen Corp., 67 F.3rd 1453, Cert. Denied 518 U.S. 1033 (1996) (9th Cir. 1995)
- Kennedy v. Collagen Corp., 991 F. Supp. 1185 (N.D. Calif. 1996)
- Kennedy v. Collagen Corp., 161 F.3rd 1226, Cert. Denied, 526 U.S. 1099 (1999) (9th Cir. 1998)
- Nava v. Reddy Partnership/Quail Chase, 988 S.W. 2.d 346 (Tex. App-Houston, 1st Dist. 1999)
- Mitchell v. Collagen Corp., 870 F.Supp. 885 (N.D. Ind. 1994)
- Mitchell v. Collagen Corp., 67 F 3rd 1268, Cert. Denied, 518 U.S. 1030 (1996) (7th Cir. 1995)
- Mitchell v. Collagen Corp., 126 F.3rd 902, Cert. Denied, 523 U.S. 1020 (1998) (7th Cir. 1997)
- Worthy v. Collagen Corp., 921 S.W.2d 711 (Tex. App. Dallas 1995)
- Worthy v. Collagen Corp., 967 S.W.2d 360 (Tex. 1998)
- Steele v. Collagen Corp., 63 Cal.Rptr. 2d 879 54 Cal.App. 4th 1474 (Cal. App. 3rd District 1997)
- Fiore v. Collagen Corp., 930 P. 2d 477, 187 Ariz. 400 (Ariz. App. Div. 1 1996)
- Green v. Dolsky, 641 A.2d 600, 433 Pa. Super. 556 (Pa. Superior 1994)
- Green v. Dolsky, 685 A.2d 110, 546 Pa. 400 (Pa. 1996)
- Garcia v. Texas Dept. of Criminal Justice, 902 S.W.2d 728 (Houston 14th Cir. 1995)
- Rideau v. Jefferson County, 899 F. Supp. 298 (E.D. Tex. 1995)
- Rideau v. Jefferson County, 902 F. Supp. 1115 (E.D. Tex. 1995)
- Anderson v. Collins, 18 F.3rd 1208, Cert. Denied, 511 U.S. 1065 (5th Cir. 1994)
- United States v. Henderson, 19 F.3rd 917, Cert Denied, 513 U.S. 877 (1994) (5th Cir. 1994)
- King v. Collagen Corp., 983 F.2d 1130, Cert. Denied, 510 U.S. 824 (1993) (1st Cir. 1993)
- Stamps v. Collagen, 983 F.2d 1416, Cert. Denied, 510 U.S. 824 (1993) (5th Cir. 1993)
- Turboff v. Gertner, Aron & Ledet Investments, 763 S.W.2d 827 (Tex. App.-Houston 14th Dist. 1991)
- Turboff v. Gertner, Aron & Ledet Investments, 840 S.W.2d 603 (Tex. App.-Corpus Christi 1992)
- American Medical International, Inc. v. Giurintano, 821 S.W.2d 331 (Tex. App-Houston 14th District 1991)
- Thomas v. Frederick, 766 F.Supp. 540 (W.D. La.-Lafayette 1991)
- Pressey v. Patterson, 701 F.Supp. (S.D. Tex. 1998)
- Pressey v. Patterson, 898 F.2d 1018 (5th Circuit 1990)
- Phillips v. McIntyre, 783 S.W.2d 261 (Tex. App.-Texarkana 1989)
- Herceg v. Hustler Magazine Inc., 503 F.Supp. 1566 (S.D. Tex 1984)
- Herceg v. Hustler Magazine Inc., 814 F.2d 1017, Cert. Denied, 484 U.S. 811(1987) (5th Circuit 1987)
- Herceg v. Hustler Magazine Inc., 814 F.2d 1017, Cert. Denied, 485 U.S. 959 (1988) (5th Circuit 1987)
- Love v. State, 687 S.W.2d 469 (Tex. App.-Hous. 1st District 1985)
- Reese v. State of Texas, 653 S.W. 2d 550 (Tex. App-Beaumont 1983)
- References:
- Robert Wallis, Exxon Mobil Corporation, Houston, Texas
- Richard "Racehorse" Haynes, 4300 Scotland, Houston Texas
- Dr. Charles Bailey. Past President of the Texas Medical Association, Houston, Texas
- Justice Jack Pope, Texas Supreme Court (retired), Austin, Texas
- Peter Sacripanti, McDermott, Will & Emery, Rockafeller Center, New York, New York
- Craig Zimmerman, McDermott, Will & Emery, Chicago, Illinois
- Matt Milner, Wells Fargo Bank, Houston, Texas
- Paul Orsborn, Comerica Bank, Houston, Texas
- Susan Perin, Mediator, Houston, Texas
- Janet Hansen, Jamil & Kolius, Houston, Texas
- Classes/Seminars Taught:
- Various speeches as requested by the HBA, Houston Bar Association
- Uninsured and Underinsured Motorist Law in Texas, National Business Institute, 2002 - 2004
- A Practical Guide to Federal Court Rules and Procedures in Texas (December 1999), National Business Institute
- Personal Injury Settlements in Texas (December 1998), National Business Institute
- Texas Discovery Skills for Paralegals (1998), HalfMoon, L.L.C.
- Premise Liability: Preparation and Trial of A Difficult Case in Texas (January 1997), National Business Institute
- Paralegals and the Litigation Team in Texas (June 1996, 2004, 2005), National Business Institute
- Trying the Soft Tissue Injury Case in Texas (January 25, 1995, January 1996, April 1997, June 1999), National Business Institute
- Fall Law Symposium - Guest speaker, Texas A & M University MBA Law Committee, 1991 - 2000
- Strategies in Handling DWI and DUI cases (1995), Voir Dire and Jury Selection
- How to Prevent Sexual Harassment in the Office (July 30, 1994), Amusement and Music Operators of Texas (AMOT) annual meeting
- Trial Advocacy in Texas (October, 1993), National Business Institute
- Trying the Automobile Injury Case (December 1992), National Business Institute
- Personal Injury Litigation Practice in Texas (February, 1991), National Business Institute
- Voir Dire (January 1988), Order of the Barrister
- Legal Issues in Hospital Credentialing and Peer Review Proceedings (May 1987), Texas Medical Association Symposium on Medicine and the Law
- Privileges (September 1986), Texas Rules of Criminal Evidence Seminar
- Criminal Cases and Civil Clients (February 1986), Harris County Criminal Lawyers Association Federal Practice Seminar
- Preservation of Evidence (June 1985), Texas Criminal Lawyers Association: DWI Does Houston
- Honors and Awards:
- Recipient, West Publishing Company Award
- American Jurisprudence Awards
- Who's Who in America
- Who's Who in the Southwest
- Who's Who in American Law
- Professional Associations and Memberships:
- Houston Bar Association
- Member
- American Bar Association
- Member
- State Bar of Texas
- The Association of Trial Lawyers of America
- Texas Trial Lawyers Association
- Director
- Harris County Trial Lawyers Association
- Director
- Texas Criminal Defense Lawyers Association
- Harris County Criminal Lawyers Association, 1986 - 1987
- Director
- The Federal Bar Association
- Past Employment Positions:
- Haynes & Fullenweider, PLC, Attorney, 1981 - 1989
- Justice Pope, Texas Supreme Court, Briefing Attorney, 1980 - 1981
- United States Air Force, Captain (Navigator), 1972 - 1978
- Pro Bono Activities:
- Harris County Democratic Executive Committee, 1980 - 1986
- Harris County Civil Courts Moderator, 1986 - 1995
- Houston Bar Administration of Justice Committee Project (1987)
- Jersey Village High School Legal Explorer Program (1986)
- Houston Bar Association Lawyers in Public Schools (LIPS) - (Chairman2003-2005), IDEA Committee, CLE Committee, and Speakers' Committee
- Active in Various Community Theaters, including being a Director of Company on Stage
- Fraternities/Sororities:
- Alpha Phi Omega
















