Ross Cunningham // Partner

Ross Cunningham will go anywhere to try a case — even a FEMA trailer. It happened in the wake of Hurricane Katrina and it didn’t break his stride one bit.

Ross believes that most companies are too risk-averse to take a case all the way to trial. But all too often, this mindset puts businesses at a disadvantage. They do not allow their lawyers to do what it takes to prepare a case for trial, which weakens their position when it’s time to talk settlement.

Ross doesn’t have that problem. He actually looks forward to trying cases. And, by being prepared to go to trial, he often finds that settlement discussions produce better outcomes.

Practice Areas

Litigation of complex, high-risk cases including:

  • aircraft disasters
  • product liability
  • construction defects
  • catastrophic personal injury
  • commercial disputes involving breach of contract, breach of fiduciary duty and fraud
  • patent infringement and misappropriation of trade secrets

 

Representative Experience

  • Obtained a complete defense verdict in less than 45 minutes for AIG Aviation Insurance Services, Inc. following a two-week trial in a double wrongful death case arising out of an fatal airplane crash in February 2012. Plaintiffs were seeking in excess of $48 million in damages.
  • Obtained a $7.3 million verdict following a three-week trial in a breach-of-contract, fraud and tortious interference case on behalf of a casual game developer and publisher
  • Obtained a $1.3 million verdict following a two-week trial in a breach-of-contract, fraud and unjust enrichment on behalf of furniture liquidator against one of the nation’s largest furniture manufacturers
  • National trial counsel for an international air taxi and aeromedical helicopter operator
  • Obtained a defense verdict in the representation of an airport services company in a multi-week trial involving a catastrophic personal injury accident at DFW airport
  • Representation of Fortune 200 defense contractor in a four-week trial in defense of trade secret misappropriation claim. $38,000,000 verdict in favor of the opponent overturned via motion for new trial based on post-trial discovery of opponent’s failure to produce documents
  • Successful settlement of plaintiff’s antitrust case for Fortune 200 defense contractor against a Fortune 100 defense contractor
  • Successful settlement for another Fortune 200 defense contractor in patent infringement suit against major competitor
  • Obtained a judgment after a two-week trial for an air charter helicopter operator against a major aircraft manufacturer involving a novel and complex product-liability theory
  • Representation of a national product manufacturer in a trial involving a breach-of-contract dispute
  • Representation of an individual inventor against a major oil company involving a dispute concerning patent infringement and misappropriation of trade secrets
  • Representation of a national insurance company involving a dispute with one of its managing general agents regarding breach-of-contract
  • Prosecution of covenants not to compete and misappropriation of proprietary information for national insurance company
  • RepresentationofDentonCounty,Texas,inamulti-weektrialconcerningtheproperlocationof150-year-old county line
  • Obtained a complete defense verdict representing national manufacturer in two-week trial in state court in McAllen, Texas
  • Obtained a $5.9 million verdict against Fortune 500 company for trade dress and trademark infringement, including finding of “willful” infringement

 

Representative Clients

  • Raytheon Company
  • L-3 Communications
  • Celanese Corporation
  • Piper Aircraft, Inc.
  • Spirit Airlines
  • PHI, Inc.
  • Bell Helicopter Textron, Inc.
  • Continental Motors, Inc.
  • Teledyne, Inc.
  • Clearline Corporation
  • AIG Aviation Insurance Services, Inc.
  • CV Starr Adjustment Services, Inc.
  • Allianz Global Corporate & Specialty
  • W. R. Berkley Aviation
  • Energy XXI
  • Ensco
  • Westwind Helicopters, Inc.
  • Med-Trans Helicopters
  • Gore Design Completions
  • PlaneSmart, Inc.!
  • Western Healthcare, LLC
  • Austin Industries, Inc.
  • Five Sigma Lighting Group

 

Professional Affiliations

  • State Bar of Texas
  • Dallas Bar Association
  • Dallas Young Lawyers Association
  • Louisiana Association for Justice
  • Greater Dallas Chamber of Commerce

 

Admitted to Practice

  • Texas State Courts
  • U.S. District Courts for the Northern, Southern, Eastern and Western Districts of Texas
  • U.S. District Courts in Louisiana and Indiana
  • U.S. Federal Circuit Court of Appeals
  • 5th U.S. Circuit Court of Appeals

 

Education

  • Southern Methodist University, J.D., 1998 Southern Methodist University, B.A., 1995

 

Honors

  • Named as “Leaders in Their Field” in the 2013 edition of Chambers USA directory for work in general commercial litigation
  • Named a “Rising Star” by Thompson Reuters in 2005, 2007, 2008, 2009, 2010, 2011, 2012, 2013
  • Named to D Magazine’s Top Lawyers Under 40 in 2010