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Matthew B. Baumgartner

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Administrative & Regulatory Litigation, Trial Litigation

Direct Phone: 512.480.5603

Direct Fax: 512.536.9913

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Mr. Baumgartner is a litigator who represents Graves Dougherty clients in a variety of commercial and administrative litigation matters in both state and federal court, and in appellate matters.  Mr. Baumgartner has developed expertise in the areas of “bad-faith” insurance claims handling litigation, commercial lending litigation, and litigation involving investment advisory companies.

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PROFESSIONAL QUALIFICATIONS

Admitted to Texas, 2008; District of Columbia, 2007; Maryland, 2005

Education: University of Texas at Austin (B.A., with High Honors and Special Honors in Government, 2000), Phi Beta Kappa, 2000; University of Michigan Ford School of Public Policy (M.P.P., 2002); University of Michigan Law School (J.D., cum laude, 2004), Associate and Contributing Editor, Michigan Law Review (2003-04).

Associate, Wilmer, Cutler, Pickering, Hale and Dorr, LLP, Washington, D.C., October 2006 - August 2007

Law Clerk, U.S. District Judge William Wayne Justice, Austin, TX, August 2005 - August 2006

Interim Director, Common Cause of Michigan, Ann Arbor, MI, February 2002 - February 2003

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REPRESENTATIVE EXPERIENCE

Mr. Baumgartner’s recent representation of Graves Dougherty clients includes:

  • A FINRA-registered investment advisory company, in which Graves Dougherty achieved complete dismissal of the plaintiff’s claims of fraud, negligence, unfair trade practices and Texas Securities Act violations.  O’Grady v. Mandalay Financial, LLC, et al., Cause No. D-1-GN-08-003415 in Travis County District Court.
  • Texas’ largest workers’ compensation insurer, in which Graves Dougherty attorneys achieved complete summary judgment dismissal of the plaintiff’s “bad-faith” claims handling allegations. Charles E. Durst, Jr. v. Texas Mutual Insurance Company, No. 04-09-00430-CV, 2010 WL 3332198 (Tex. App.—San Antonio Aug. 25, 2010, pet. denied)
  • Two major newspaper publishing companies, in which Graves Dougherty successfully litigated the publishing companies’ open records requests.
  • A large commercial bank in state court litigation arising from defaults on real estate investment loans, in which Graves Dougherty achieved a settlement requiring repayment of substantial amounts to the bank.
  • Mr. Baumgartner’s recent practice has included appellate and mandamus briefing of bad-faith claims handling issues in the workers’ compensation context on behalf of Texas’ largest workers’ compensation insurer, including: Texas Mutual Ins. Co. v. Ruttiger, Case No. 08-0751 in the Texas Supreme Court; Texas Mutual Ins. Co. v. Morris, Case No. 09-0495 in the Texas Supreme Court; In re Texas Mutual Ins. Co. and Evie Villarreal, Case No. 09-0508 in the Texas Supreme Court.
  • Mr. Baumgartner’s pro bono practice includes Americans With Disability Act litigation in federal court.

 

Before joining Graves Dougherty Mr. Baumgartner was a litigation associate at the Washington, D.C. firm Wilmer Cutler Pickering Hale and Dorr, LLP, from 2006 to 2007, where his experience included:

  • Federal False Claims Act litigation involving U.S.A.I.D. construction contracts in the Middle East.
  • Representation of a major mutual fund advisor in a federal SEC investigation into marketing and advertising practices.
  • Representation of a private defense contractor in a federal investigation leading to the indictment and conviction of a United States Congressman on federal bribery and corruption charges. 
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PROFESSIONAL AFFILIATIONS

  • Texas State Bar Association
  • Austin Bar Association
  • Austin Young Lawyers’ Association
  • District of Columbia Bar
  • Maryland State Bar Association
  • American Bar Association
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AWARDS AND HONORS

  • Texas Super Lawyers "Rising Star" in Administrative Law, 2010, 2011; Published by Law & Politics and Texas Monthly magazine
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Publications and Presentations

  • Pleas to the Jurisdiction in Texas Administrative Law, Texas Tech Administrative Law Journal, Vol. 11, No. 1 (Fall 2009), co-author Pete Schenkkan.
  • Speaker: 4th Annual Advanced Texas Administrative Law Seminar, August 27-28, 2009,  Administrative and Public Law Section of the State Bar of Texas, Austin Bar Association Administrative Law Section and The University of Texas School of Law.
  • SWANCC’s Clear Statement: A Delimitation of Congress’s Commerce Clause Authority to Regulate Water Pollution, Michigan Law Review, Vol. 103, No. 8 (August 2005).
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