Mike Seely is a trial lawyer licensed to practice in both Texas and Oklahoma focusing on jury trials and arbitrations in the following areas:
- Oil and gas litigation
- Banking litigation
- Real estate litigation
- Complex commercial litigation
- Personal injury defense
- Real estate litigation
- Professional malpractice
Representing energy enterprises, including oilfield service companies, drilling companies, operators of oil and gas wells, working interest owners, and royalty owners, Mike handles breach of contract, trespass to try title, bad faith trespass, surface owner disputes, joint operating agreement disputes, oil and gas lease disputes, wrongful death, and serious personal injury claims.
Mike also represents banks in various litigation matters in both state and federal court, including high-end collection work and recovery of collateral under the Uniform Commercial Code.
In addition, he represents insurance agents, professional land surveyors, engineers, metallurgist inspectors, and title companies in professional malpractice cases. Clients hire Mike as their litigation lawyer because his diligence ensures that there are no surprises, from a cost and budget standpoint to the potential risks and outcomes.
- Represented oilfield service company seeking payment for outstanding invoices that customer refused to pay based on allegation that drill pipe provided by client was defective. In a three-week jury trial, recovered all amounts due and owing to client.
- Represented oilfield service company accused of wrongfully terminating its agreement with its frac sand storage supplier. After a two-week jury trial, obtained favorable settlement for client.
- Represented oilfield service company in a dispute where customer refused to pay for goods and services provided by the client. In a three-day bench trial, recovered and collected the full amount of the outstanding invoices with interest, plus all attorneys’ fees incurred by the client.
- Prosecuted claims of tubular distributor against party that sold client’s product without client’s permission. Obtained favorable settlement for the client that covered all of client’s damages, plus all attorneys’ fees incurred by the client.
- Prosecuted trespass to try title action on behalf of oil and gas lease owners against operator that was operating oil and gas well without valid lease. Obtained judgment clearing title to lease and recovering monetary damages for client.
- Represented oilfield service company in breach of contract claim to recover approximately half-million dollars of unpaid invoices. Settled claim on favorable terms to the client and recovered outstanding amounts owed.
- Represented royalty owner in dispute with lessor over lessor’s right to retain acreage after expiration of primary term of lease. Obtained favorable settlement for royalty owner.
- Represented operator of oil and gas wells against non-operating working interest owner for failure to pay joint interest billing statements. Obtained summary judgment in favor of operator for all outstanding amounts owed and attorneys’ fees incurred in prosecution of same.
- Represented non-operating working interest owner in dispute with operator over operations of oil and gas wells. Obtained favorable settlement for non-operating working interest owner.
- Represented a steel supplier pursuing an alter-ego claim against the parent company of a defunct customer who owed more than a million dollars. In a week-long arbitration, client was awarded entire amount of unpaid invoices and attorneys’ fees against parent company on an alter-ego claim.
- Represented a steel supplier pursuing a breach of contract claim against a customer who short-paid invoices by nearly US $1m based on a claim that supplier failed to timely deliver the promised steel. Obtained award for client for all amounts short-paid, plus all attorneys’ fees incurred in the prosecution of the claim in arbitration.
- Represented purchaser of oil and gas assets in arbitration arising from dispute under purchase and sale agreement.
- Represented oilfield service company in arbitration where it was alleged that service company breached its contract for purchase or frac sand. Obtained favorable settlement for oilfield service company.
Complex Commercial Litigation
- Represented manufacturer of industrial gasses seeking recovery of unpaid invoices. After a four-day jury trial, client was awarded the entire amount of unpaid invoices and all attorneys’ fees incurred.
- Represented manufacturer in a dispute with trucking company, where trucking company’s failure to adhere to terms of the party’s agreement cost client approximately US $500,000. In a three-day bench trial, recovered the full amount of client’s damages with interest, plus all attorneys’ fees incurred by the client.
- Represented lender seeking to recover outstanding amounts owed under a promissory note from a third-party who assisted borrower with absconding with collateral used to secure loan. After a one-week jury trial, client received verdict awarding in full amount of outstanding amount due on loan, plus punitive damages.
- Represented bank accused of conspiring with customer’s chief financial officer, who absconded with millions of dollars of customer’s funds. Obtained summary judgment absolving bank of all liability.
- Represented bank accused of wrongfully closing customer’s account. Obtained summary judgment absolving bank of all liability.
- Represented lender against third-party who purchased certain collateral used to secure US $15m loan. Obtained favorable settlement for client.
- Represented lender against borrower who defaulted on a US $300,000 loan. Recovered full amount of principal and interest owed, plus attorneys’ fees incurred in prosecuting suit.
- Represented lender against borrower who defaulted under promissory note. Obtained judgment in excess of US$1m.
Personal Injury Defense
- Represented professional baseball team in defending a personal injury suit in which the plaintiffs sought in excess of US $1m. Obtained summary judgment dismissing the plaintiffs’ claims. Affirmed on appeal.
- Represented professional basketball team in defending a wrongful death claim arising out of the death of one of its players.
- Represented oilfield service company accused of gross negligence in the death of its employee. Obtained summary judgment dismissing all claims against client.
- Represented oilfield service company in an investigation by OSHA after the death of one of its employees.
- Represented landowner in defense of personal injury claims brought by contractor. Obtained favorable settlement for client.
Real Estate Litigation
- Represented landowner in condemnation action brought by pipeline company. Settled for significantly more than awarded at Commissioner’s hearing.
- Represented landowner in condemnation action brought by municipality. Settled for significantly more than awarded at Commissioner’s hearing.
- Represented property owner in claims brought under Texas Water Code after neighboring landowner diverted water onto client’s property. Obtained favorable settlement for client.
- Represented landowner in lawsuit against commercial tenant, who breached the parties’ lease. Obtained favorable settlement for landlord.
- Represented insured in dispute with its carrier over coverage for personal injury claims. Obtained full coverage for insured, including recovery of attorneys’ fees incurred as a result of suit brought to declare parties’ rights under insurance policy.
Professional Malpractice Litigation
- Defended registered land surveyor in a lawsuit where the plaintiff alleged that surveyor’s faulty survey cost developer in excess of US $1m in damages. Obtained summary judgment absolving surveyor of all liability in both contract and tort.
- Represented title company in defense of claims of professional malpractice. Obtained favorable settlement at mediation.
- Represented insurance agents accused of failing to obtain adequate windstorm coverage prior to Hurricane Ike. Obtained summary judgment dismissing all of the plaintiff’s claims against client.
- Represented multiple insurance agents in defense of claims of professional malpractice. Obtained favorable settlement for client.
- Represented metallurgical inspector against professional malpractice claims. Obtained favorable settlement for client at mediation.
- Reliance Ins Cov. Hibdon, 333 S.W.3d 364 (Tex App. – Houston [14th Dist] 2011, pet denied)
- Martinez v. Houston McLane Company, Inc., 414 S.W.3d 219 (Tex. App – Houston [1st Dist.] 2013, pet denied)
- Amegy Bank Nat. Ass’n v. DB Private Wealth, Ltd., 2014 WL 1876708 (M.D. Fla 2014)
- Sand Storage, LLC v. Trican Well Service, L.P., 2014 WL 7205233 (S.D. Tex. 2014)
- Culbertson v. Lykos, 790 F.3d 608 (5th Cir. 2015)
- Godines v. Precision Drilling Company, L.P., 2018 WL 2460302 (Tex. App.—Eastland 2018, no pet.)
- Schrock v. Amegy Bank of Texas, N.A., 2019 WL 6905028 (Tex. App.—Houston [1st Dist.] 2019, no pet.)
Awards and Recognition
- Texas Rising Star by Super Lawyers®, a Thomson Reuters business, as published in Texas Super Lawyers Magazine
- Business Litigation (2013-2018)
- Member, State Bar of Texas
- Member, Houston Young Lawyers Association
- Adjunct Professor, South Texas College of Law (2008-2012)
- Fellow, Texas Bar Foundation
Publications and Presentations
- “Legal Issues for Texas Civil Engineers and Professional Land Surveyors,” Austin, TX (November 19, 2015)
- “Legal Issues in Texas Professional Land Surveying,” Austin, TX (January 16, 2015)
- “Legal Issues in Texas Professional Land Surveying,” Austin, TX (February 7, 2014)
- “Whats the Deal?” Well Servicing Magazine (August 1, 2013)