Bio
Elliott is a shareholder in Cooper & Scully’s Dallas office. He focuses his practice on litigation with an emphasis in construction defect, intellectual property, consumer law, labor & employment, insurance coverage, and personal injury matters.
Elliott has successfully obtained summary judgments and defense verdicts in patent infringement, personal injury, consumer law, construction defect, breach of contract, and insurance coverage disputes. He has obtained favorable resolutions in numerous bad faith cases ranging from property damage disputes to professional malpractice cases. He has also developed extensive knowledge and experience in intellectual property matters and employment law disputes involving covenants not to compete, and he also regularly assists clients with corporate transactions and disputes related to construction and design defects.
He has written and presented on matters related to insurance litigation, coverage, and construction defect disputes. He is also a co-author of Cooper, Furness & Marshall’s Texas Rules of Civil Procedure Annotated.
Elliott was born and raised in Arlington, Texas. He graduated from Southern Methodist University with a degree in business administration before moving to San Antonio to attend law school at St. Mary’s University. Elliott joined the firm in August of 2009 immediately after taking the Texas bar exam. He and his wife, Hillary, live in East Dallas with their two daughters. In his free time, Elliott enjoys spending time with his family, camping, traveling, and supporting SMU athletics.
Admitted
Texas, 2009
U.S. Court of Appeals 5th Circuit
U.S. Court of Appeals for the Federal Circuit
U.S. District Court Eastern District of Texas
U.S. District Court Northern District of Texas
U.S. District Court Southern District of Texas
U.S. District Court Western District of Texas
Education
J.D., St. Mary’s University School of Law, 2009
B.B.A., Southern Methodist University, 2005
Affiliations
American Bar Association
Dallas Bar Association
Texas Young Lawyers Association
Publications
Cooper, Furness & Marshall’s Texas Rules of Civil Procedure Annotated, 2024 Ed.
Certificate of Merit Statute, 17th Annual Construction Law Symposium, January 28, 2022
Texas’ Certificate of Merit Statute, 15th Annual Construction Law Symposium, January 31, 2020
The Enforceability of Exclusions Amidst Defects in the Issuance of Surplus Lines Insurance Policies, Cooper & Scully Newsletter, December 2018
Handling Subrogation and Lien Issues in Settling Claims, 25th Annual Insurance Symposium, April 6, 2018
Key Issues in Texas Um/UIM Law, 24th Annual Insurance Symposium, April 7, 2017
Loss of Use Coverage, 23rd Annual Insurance Symposium, April 8, 2016
Extrinsic Evidence and the Duty to Defend, 19th Annual Insurance Symposium, March 30, 2012
Sharyland Water: Economic Loss Rule - What Questions Answered?, Cooper & Scully Webinar, December 1, 2012
Venue, 18th Annual Insurance Symposium, April 1, 2011
Defending Hurricane Ike Claims, Cooper & Scully Webinar, September 15, 2010
Gilbert Texas Construction, L.P. v. Underwriters at Lloyd's London, Cooper & Scully Webinar, June 23, 2010
Attacking & Defending the Appraisal Award, 17th Annual Insurance Symposium, April 23, 2010
Coverage Triggers and Duty-To-Defend Dilemmas, October 2009, International Risk Management Institute, Inc.
Cooper, Hensley & Marshall’s Texas Rules of Civil Procedure Annotated, 2010 Ed.
Cases
McClaron v. Atlas Body Shop, Cause No. SC4-130111, Bee County, Texas (Nov. 15, 2023) (obtained defense verdict in consumer law case brought against body shop)
Bullard v. Lahman, Cause No SC9130133, Franklin County, Texas (Sept. 12, 2022) (obtained summary judgment in breach of contract case brought against putative property owner)
Workman v. WillTag Construction, LLC, et al., Cause No 20-06-07584, 457th District Court, Montgomery County, Texas (Nov. 24, 2021) (obtained summary judgment in construction defect litigation against contractor)
Toni Jenkins-Jackson v. Chalak Management, LLC, et al., Cause No. DC-18-04521, 160th District Court, Dallas County, Texas (Oct. 25, 2019) (obtained summary judgment in premises liability case against Genghis Grill restaurant)
Alphonso Thomas v. Southwest International Trucks, Inc., et al., Cause No. DC-18-11352, 101st District Court, Dallas County, Texas (Oct. 24, 2019) (obtained summary judgment in DTPA case related to repairs made to semi-truck)
James Harris v. Southwest International Trucks, Inc., Cause No. 006-03064-2018, County Court at Law No. 6, Collin County, Texas (Aug. 15, 2019) (obtained summary judgment in DTPA case against retailer of semi-truck)
Red Dog Mobile Shelters, LLC v. Kat Indus., et al., 664 F. App’x 905 (Fed. Cir. 2016) (affirming summary judgment of non-infringement in patent litigation on behalf of multiple oil & gas clients)
Red Dog Mobile Shelters, LLC v. Kat Indus., et al., 2015 WL 5896124 (N.D. Tex. 2015) (granting summary judgment in patent infringement litigation seeking damages in excess of $20MM)
LSG Technologies, Inc. v. United States Fire Ins. Co., 2015 WL 5934690 (E.D. Tex. 2015) (granting summary judgment against excess carrier for recovery of settlement payments and defense costs from underlying asbestos litigation)
Boulanger v. Devlar Energy Marketing, LLC, 2015 WL 7076475 (N.D. Tex. 2015)
Graham v. Dyncorp Int'l, Inc., 973 F. Supp. 2d 698 (S.D. Tex. 2013)
Pride Transp. v. Continental Cas, Co., 511 Fed. App’x 347 (5th Cir. 2013) (affirming summary judgment on bad faith claims asserted by interstate motor carrier against its insurers)
TMM Investments, Ltd. v. Ohio Casualty Ins. Co., 730 F.3d 466 (5th Cir. 2013) (reversing trial court ruling setting aside appraisal award in property damage dispute, holding that appraisal panel did not exceed authority in considering causation of damage, and confirming that insurer fulfilled its contractual obligations)
Pride Transp. v. Continental Cas. Co., 804 F.Supp.2d 520 (N.D. Tex. 2011) (granting summary judgment in bad faith lawsuit filed by interstate motor carrier against its insurers)
Pride Transp., Inc. v. Harbin, 2010 WL 4314920, 2010 U.S. Dist. LEXIS 113677 (Tex.App.—Fort Worth 2010)
Shafer v. LG Elecs. U.S.A., Inc., 2010 WL 8757823, 2010 U.S. Dist. LEXIS 144737 (Tex.App.—Fort Worth 2010) (granting summary judgment in product liability case filed against manufacturer of microwave)
Quach v. Heritage Crossing Dallas, TX, L.P., 2009 WL 4755729, 2009 U.S. Dist. LEXIS 115578 (N.D. Tex. 2009)
