Clayton Bailey

Bailey Brauer, PLLC
8350 N Central Expy Ste 206
Dallas, TX 75206-1607
(214) 360-7433
www.baileybrauer.com


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 Litigation Star in the 2015-2017 editions of Benchmark Litigation and among the list of Texas Super Lawyers in 2011-2016, by Thomson Reuters. Most recently, Mr. Bailey was named to 2017 Best Lawyers in America, and Bailey Brauer was recognized among the nation's Most Feared Litigation Firms in 2017 that corporate lawyers never want to face in court, according to a survey of in-house counsel conducted by BTI Consulting Group. 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

Professional Honors

Best Lawyers in America, 2017
Texas Super Lawyers, 2011-2016, by Thomson Reuters
Litigation Star, Benchmark Litigation, 2015-2016
Most Feared Litigation Firms, 2017, by BTI Consulting Group
Client Service All-Star, BTI Consulting Group, 2014
Local Litigation Star (Texas), Benchmark Litigation, 2014
Future Star (Texas), Benchmark Litigation, 2012, 2013

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)
City of Clinton, Ark. v. Pilgrim's Pride Corp., 632 F.3d 148 (5th Cir. 2010)
Miller v. Pilgrim's Pride Corp., 970 So.2d 1268 (La. App. 3 Cir. 2007)
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.)
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)
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.