Judy Blakeway is a partner in Strasburger's litigation practice. She has over 34 years of experience in complex commercial litigation, including securities fraud, lender liability, insurance bad faith, breach of contract, antitrust, deceptive trade practices, RICO, tortious interference, defamation, sales, secured transactions, leases, shareholder derivative actions, covenants not to compete, misappropriation of trade secrets, usury, patents, environmental claims, will contests and contested proceedings in probate court, assault, false imprisonment, dram shop, malicious prosecution, fraud, conversion, invasion of privacy, intentional infliction of emotional distress and fraudulent conveyance. Judy has participated in class actions and multi-district litigation.
In addition to her trial practice, Judy has an active appellate practice, focusing on civil appeals in Texas state and federal courts of appeal. Her practice includes not only direct appeals, but also writs of mandamus, preservation of error at trial, preparing and presenting dispositive motions, arguing evidentiary motions, preparing and objecting to jury charges, and post-verdict motions for judgment or new trial. She assists trial lawyers with briefing legal issues for pretrial and trial hearings. She has obtained and defeated discretionary review in the Texas Supreme Court and defeated discretionary review in the Supreme Court of the United States. She draws on her extensive trial and appellate experience to provide strategic counseling to clients across a diverse range of industries.
Judy has participated in many mediations in state and federal court, as a mediator and as an advocate. She has also participated in several arbitrations including before the NASD and CFTC. She serves as chair of Strasburger's antitrust practice.
- Admitted, Texas; U.S. District Courts for the Eastern, Northern, Southern, and Western Districts
- Admitted, U.S. Courts of Appeal for the Fifth and Eleventh Circuits
- Admitted, U.S. Supreme Court
- Texas Bar Foundation, Fellow
- San Antonio Bar Foundation, Fellow
- Civil Justice Reform Act Advisory Committee
- Federal Bar Admissions Committee 1986-1989; Chair 1988-1989
- San Antonio Bar Association
- Association of Attorney Mediators
- American Arbitration Association (Arbitration Panel)
- Bexar County Presuit Mediation Program (Mediator)
The University of Texas School of Law, J.D., 1977, with honors
Order of the Coif, Texas Law Review, Legal Research Board
Trinity University, B.A., 1974, summa cum laude
Phi Beta Kappa
- Obtained settlement of $100 million antitrust case against a long distance telephone company for allegedly conspiring to monopolize the market for long distance service in Mexico.
- On behalf of a creditor who obtained a $3.5 million judgment, successfully prosecuted a fraudulent transfer claim against the owners of a company that dissolved and distributed its assets to themselves and thence to offshore trusts.
- Obtained settlement of lender liability claim in which plaintiff sought to cancel $17 million debt and to recover $22 million for destruction of business.
Franchise and Distribution
- Defended franchisor against claims for breach of contract, breach of fiduciary duty, breach of duty of good faith and fair dealing, civil conspiracy, tortious interference, DTPA, price fixing, fraudulent inducement, defamation and business disparagement by franchisee who purchased or built 19 restaurants and entered into area development agreement and who claimed franchisor was using quality, service, cleanliness and compliance (QSCC) evaluations to drive franchisee out of business, seeking $6 million in damages, and prosecuted counterclaim for breach of contract for failure to pay royalties and advertising contributions.
- Obtained dismissal of $1 million claim brought by receiver of failed insurance company against insurance agency.
- Obtained settlement of suit by firm that provided kit designs for automotive paint and headlamp protection and window film via web-based proprietary software against a competitor asserting copyright infringement, violations of Digital Millennium Copyright Act, fraud, tortious interference, unfair competition, false advertising and misuse of proprietary information.
Libel and Slander
- Defended newspaper and television and radio stations in actions for defamation, negligence, invasion of privacy, intentional infliction of emotional distress arising from allegedly false publications.
- Defended and prosecuted claims for violations of noncompetes.
- Handled arbitration of claims against long distance carrier for breach of contract, breach of covenant of good faith and fair dealing, and tortious interference with business relations seeking damages of $20 million and prosecuted counterclaim for $37 million for failure to pay for services.
Appeals - Selected Cases (2000 - present)
Fifth Circuit Court of Appeals
Roland v. Green, 675 F.3d 503 (5th Cir. 2012). In case arising out of notorious Stanford Ponzi scheme, obtained reversal of federal court judgment dismissing under the Securities Litigation Uniform Standards Act class actions against a law firm and insurance broker for Stanford entities.
City of Shoreacres v. Waterworth, 420 F.3d 440 (5th Cir. 2005). Represented city in appeal under National Environmental Policy Act and Clean Water Act seeking rescission of a permit issued by the Army Corps of Engineers for construction of a cargo and cruise shop terminal adjacent to the Bayport Shipping Channel off Galveston Bay.
Texas Commercial Energy v. TXU Energy, Inc., 413 F.3d 440 (5th Cir. 2005), cert. denied, 546 U.S. 1091, 126 S.Ct. 1033, 163 L.Ed.2d 855 (2006). Affirmance of dismissal of antitrust action against independent service organization that was alleged to have conspired with utilities to monopolize the electricity market in Texas.
Travelers Cas. & Sur. Co. of America v. Baptist Health Sys., 313 F.3d 295 (5th Cir. 2002). Complete reversal of $876,545 summary judgment against insurer on contract claim. Ms. Blakeway helped convince the Fifth Circuit that provisions in policies covering losses resulting directly from "forgery" or alteration of "covered instruments" that were made or drawn on the insured or its agent did not apply to losses incurred when the insured paid fraudulent invoices submitted by a vendor.
Access Telecom, Inc. v. MCI Telecommunications Corp., 197 F.3d 694 (5th Cir. 2000), cert. denied, 531 U.S. 917, 121 S.Ct. 275, 148 L.Ed.2d 200 (2000). Represented MCI in appeal of summary judgment arising out of disconnection of toll-free telephone numbers sold by MCI to ATI which resold them to long distance customers in Mexico. The reseller alleged claims of breach of contract, negligent misrepresentation, promissory estoppel, tortious interference with contract, and state and federal antitrust violations. The case was reversed and remanded.
Texas Supreme Court
Texas Courts of Appeal
- In Re Guardianship of Benavides, 2013 Tex.App. LEXIS 2458 (Tex.App.—San Antonio, 2013). Upheld on appeal trial court order disqualifying under Rule 12 attorney hired by proposed ward who suffered from severe dementia and did not have capacity to contract for legal services.
- City of San Antonio v. Wheelabrator Pollution Control, Inc., 381 S.W.3d 597 (Tex.App.—San Antonio 2012, pet. filed). Reversal of trial court order denying City’s plea to the jurisdiction on quantum meruit claim brought by contractor. In a case of first impression, the court held that the governmental/proprietary distinction employed in the Texas Tort Claims Act did not apply in a contractual or quasi-contractual setting.
- City of San Antonio v. Casey Industrial, Inc., 381 S.W.3d 589 (Tex.App.—San Antonio 2012, pet. filed). Obtained reversal and rendition of a summary judgment declaring that a contract with the City was void and dismissal for want of jurisdiction of quantum meruit claim against the City.
- Allen Family Partners Ltd. v. Swain, 2010 Tex.App. LEXIS 4116 (Tex.App.—San Antonio 2010). Secured affirmance of judgment for attorney fees awarded defendant on counterclaim after plaintiff nonsuited to avoid summary judgment.
- City of Celina v. City of Pilot Point, Case No. 02-08-00230-CV (Second Court of Appeals, Fort Worth, Texas). Appeal of annexation dispute between adjoining cities who claimed the same property within their extraterritorial jurisdiction.
American Golf Corp. v. Sugar Creek Country Club, Case No. 14-08-00180-CV (Fourteenth Court of Appeals, Houston, Texas). Resolved on appeal breach of contract case arising out of termination of long-term lease on a country club golf course.
Anaheim Industries, Inc. v. General Motors Corporation, 2007 Tex. App. LEXIS 9950 (Houston [1st Dist.] 2007) pet. denied; Anaheim Indus. v. GMC, 2008 Tex. LEXIS 244 (Tex. March 28, 2008). Affirmation of summary judgment in favor of General Motors in action brought by converters who customized GM vehicles against GM for limiting the number and types of vehicles made available for conversion, asserting claims for breach of contract, breach of covenant of good faith and fair dealing, economic duress, promissory estoppel, negligent misrepresentation and fraud.
William E. Meadows, et al. v. South Texas Regional Medical Center, Inc., DHS/Community Systems, Inc., and Jourdantown Hospital Corporation, Case No. 04-07-00595-CV (Fourth Court of Appeals, San Antonio, Texas). Obtained affirmance of a trial court's order granting a no-evidence summary judgment to a hospital against plaintiffs who claimed they feared contracting HIV or AIDS.
City of San Antonio v. Olivarri, No. 04-06-00085-CV, 2007 Tex. App. LEXIS 1941 (Tex. App. - San Antonio 2007). Settled on appeal $1.8 million verdict for sexual harassment and assault.
Humana Health Plans of Texas, Inc. v. Smelik, No. 04-05-00738-CV, 2006 Tex. App. LEXIS 1574 (Tex. App. - San Antonio 2006). Resolved on appeal on grounds of ERISA preemption a $5 million verdict for DTPA, Insurance Code and HMO Act violations obtained by a beneficiary of an employer-sponsored health plan against a health maintenance organization.
Tex. Political Subdivision Prop/Cas. Joint Self-Ins. Fund v. Ben Bolt-Palito Blanco Consolidated School District, 163 S.W.3d 172 (Tex. App. - San Antonio, 2005). Reversal of a trial court judgment denying self-insurance fund's plea to the jurisdiction on ground of sovereign immunity.
Vasquez v. Allianz Life Ins. Co. of North America, 2003 WL 21391668 (Tex. App. - San Antonio 2003, no pet.). Affirmance of order denying certification of putative class action brought by school teachers against disability insurance carrier.
Doctor's Reg'l Hosp. v. Rubio, 2001 Tex. App. LEXIS 7063 (Tex. App. - Corpus Christi 2001). Appeal of medical malpractice claim against hospital.
Chavez v. City of San Antonio, 21 S.W.3d 435 (Tex. App. - San Antonio 2000, pet. denied). Affirmance of summary judgment in favor of city-owed electric utility in electrocution arising from trimming tree too close to power line.
Hinote v. Rio Grande Surgery Ctr. Assocs., L.L.P., 2000 Tex. App. LEXIS 6011 (Tex. App. - Corpus Christi 2000, no pet.). Affirmance of summary judgment for surgery center in "fear of disease" claim brought by patient informed that anesthesia kit used during his surgery might have been used on patient with hepatitis C before being used on him.
LaCombe v. Waterman Broadcasting Co., 2000 WL 84904 (Tex. App. - San Antonio 2000, no pet.). Affirmance of a summary judgment in favor of radio station in defamation case.
Texas River Barges v. City of San Antonio, 21 S.W.3d 347 (Tex. App. - San Antonio 2000, pet. denied). Affirmance of a summary judgment upholding city's right to regulate barge traffic on the San Antonio River.
- Board of Family Violence Prevention Services a/k/a the Battered Women and Children's Shelter
- Women in Medicine & the Law for the Susan G. Komen Foundation, Co-founder
- Texas Law Review Association Board, former Member
- Named among Best Lawyers in America® (Copyright by Woodward/White, Inc., of Aiken, SC), 2011-2013
- Named Texas Super Lawyer by Thomson Reuters, 2011-2012
- Named among San Antonio's Best Lawyers by S.A. Scene magazine, 2012
- Named as one The San Antonio Business Journal's Outstanding Lawyers, 2012