Michelle Stratton
mstratton@mbssmartlaw.com
(832) 726-8321
Michelle Stratton
“Super smart and really skilled.” - Chambers
“Bright and accomplished.” - Chambers
“A respected lawyer with first class credentials, trusted as a strategic partner.” - Advisor to Business and Property Owners
“Lives her values with integrity so that others are encouraged toward excellence in every circumstance. Highly recommended.” - Investor
“Michelle is a brilliant warrior. She is a winner. It is really that simple.” - Former federal prosecutor and leading white-collar litigator
“My trial attorney brought Michelle on to a difficult case when it reached the appellate level. She worked well with my attorney, and her manner of distilling the case and arguing it clearly was impressive. Her skills helped me win a non-dischargable multi-million dollar case in front the Texas Supreme Court.” -Business owner and client
Michelle is a clear and elegant communicator. She writes and speaks to courts and decision-makers in a way that precisely gets to the point and compellingly explains why her client should win. She is an appellate specialist, but equally at ease briefing and arguing in trial courts, arbitrations, and mediations—or anywhere there’s an audience in need of persuading.
This requires sharp intellect, attention to detail, and hard work. After earning a 4.0 in college, Michelle graduated first in her law school class, having scored the top grade in 20 courses.
It also requires superior writing skills, refined by practice. Michelle’s student law review article was deemed best in the nation by The Scribes Journal of Legal Writing. As a Bristow Fellow and law clerk, she studied hundreds of briefs, learning what works and what doesn’t. And in her years of private practice, she has personally written scores of briefs at every level of federal and state courts in a wide array of substantive legal areas.
Oral communication skills are likewise essential, and Michelle has honed those by diverse on-her-feet experiences. She has argued appeals before the United States Courts of Appeals for the Fifth and D.C. Circuits, the Texas Supreme Court, Texas’s First Court of Appeals, and appellate arbitrators, as well as dispositive motions in federal and state trial courts. She has taught legal writing to lawyers and law students. And she regularly teaches the Bible to women in her local church.
Clients have a story to tell. Michelle tells it well, and she tells it to win.
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UNITED STATES SUPREME COURT CASES
● Represented amicus curiae Student Veterans of America in case involving veterans’ entitlement to educational benefits under GI Bills (Rudisill v. McDonough, No. 22-888)
● Briefed issue of judicial deference to federal agency pronouncement, representing amici curiae school board and school superintendents association (Gloucester County Sch. Bd. V. G.G., No. 16-273)
● Briefed the legislative evidence supporting Texas statute protecting women’s health, representing amici curiae Bipartisan and Bicameral Coalition of 121 Texas Legislators (Whole Woman’s Health v. Hellerstedt, No. 15-274)
● Briefed merits case concerning whether the Bankruptcy Code permits attorney’s fees for time spent defending the attorney’s fee application (Baker Botts LLP v. ASARCO LLC, No. 14-103)
● Successfully opposed certiorari on behalf of Episcopal diocese in church property dispute (The Episcopal Church v. The Episcopal Diocese of Fort Worth, No. 13–1520)
UNITED STATES COURTS OF APPEALS CASES
● Represented amici curiae 61 current and former Baptist pastors and leaders before the Fifth Circuit in appeal involving questions of Baptist polity and church autonomy principles (McRaney v. NAMB, No. 23-60494)
● Successfully briefed and argued appeal before the Fifth Circuit on behalf of pipe company seeking to arbitrate claims against a competitor for breaching their settlement agreement and related torts, persuading the appellate court that the agreement’s broad arbitration clause reached all claims and that the district court erroneously denied arbitration (Polyflow, LLC v. Specialty RTP, LLC et al., No. 20-20416)
● Successfully briefed appeal before the Fifth Circuit on behalf of high frequency trading firm in trade-secret misappropriation case, defending a multi-million dollar jury verdict. (Quantlab Technologies Ltd. v. Andriy Kuharsky et al., No. 16-20242)
● Successfully briefed consolidated appeals before the Fifth Circuit on behalf of energy companies, defending against conversion claims brought by Mexico’s national oil company (Pemex Exploracion Y Produccion v. ConocoPhillips et al., Nos. 14-20417, 14-20418)
● Successfully briefed appeal before the Fifth Circuit defending energy company’s mandatory pilot retirement age against Age Discrimination in Employment Act challenge (Equal Employment Opportunity Commission v. Exxon Mobil Corp., No. 13-10164)
● Successfully briefed appeal before the Fifth Circuit on behalf of river authority in Endangered Species Act challenge, obtaining reversal of permanent injunctive relief (The Aransas Project v. Shaw, No. 13-40317)
● Successfully briefed and argued criminal sentencing appeal before the D.C. Circuit on behalf of the United States. (United States v. Ventura, No. 09-3101)
TEXAS SUPREME COURT CASES
● Represented amici curiae U.S. Chamber of Commerce, American Tort Reform Association, and American Trucking Associations supporting petitioners opposing use of unsubstantiated anchoring to support non-economic damages awards (Alonzo v. John, No. 22-0521)
● Represented amici curiae U.S. Chamber of Commerce and American Property Casualty Insurance Association supporting mandamus proceeding by Lyft, Inc. to protect the confidentiality of proprietary excess insurance policies produced during litigation (In re Lyft, Inc., No. 23-0739)
● Represented Texas automobile dealers in petitioning for review of state agency’s interpretation of statute governing manufacturer and distributor sales standards (New World Car Nissan, Inc. et al. v. Hyundai Motor America and Board of the Texas Department of Motor Vehicles, No. 23-0122)
● Briefed and argued breach-of-contract dispute on behalf of employer defending against employee’s post-termination sales commission claim (Perthuis v. Baylor Miraca Genetics Laboratories, No. 21-0036)
● Successfully defended intermediate Texas appellate court’s determination that major health insurer’s claims in alleged multimillion-dollar healthcare billing dispute were barred by the statutes of limitations (United Healthcare Services, Inc., et al. v. Gonzales, et al., No. 19-0028)
● Successfully petitioned for review of an intermediate Texas appellate court decision concerning the evidence a trial court may consider when determining whether a child support obligor is in arrears; the Court agreed with petitioner and reversed (Ochsner v. Ochsner, No. 14-0638)
● Successfully defended an intermediate Texas appellate court’s statutory interpretation of a public retirement system’s authority (Klumb v. Houston Mun. Emps. Pension Sys., No. 130515)
● Successfully petitioned for review and obtained reversal on the merits in statutory interpretation appeal on behalf of phone and internet provider who requested reimbursement of equipment relocation costs from flood control district (Southwestern Bell Telephone, LP v. Emmett, No. 13-0584)
TEXAS APPEALS COURT CASES
● Briefed appeal of multi-million-dollar breach-of-contract and indemnity judgment before the Fourteenth Court of Appeals on behalf of pipe manufacturer (Borusan Mannesmann Pipe US, Inc. v. Hunting Energy Services, LLC, No. 14-21-00694-CV)
● Briefed appeal of $1M jury verdict before the First Court of Appeals on behalf of genetic testing laboratory, persuading the appellate court—without oral argument—to reverse and render a take-nothing judgment because laboratory’s employment contract with its employee did not entitle employee to sales commissions after his employment ended (Baylor Miraca Genetics Laboratories, LLC v. Perthuis, No. 01-19-00095-CV)
● Secured dismissal of appeal for lack of jurisdiction and successfully opposed related mandamus petition in the Thirteenth Court of Appeals on behalf of medical doctor and medical research company that prevailed in arbitration. (Shamim Memon and Discovery MM Servs., Inc. v. Carl Meisner, M.D. and Gulf Coast Med. Research, LLC, No. 13-20-00340-CV; In re Shamim Memon and Discovery MM Servs., Inc., No. 13-20-00477-CV)
● Successfully briefed and argued appeal before the First Court of Appeals on behalf of multiple defendants in a healthcare fraud case brought by a national healthcare insurer. (United Healthcare Services, Inc. et al. v. Gonzales, et al., No. 01-17-00237-CV)
FEDERAL DISTRICT COURT CASES
● Crafted trial memorandum in federal money laundering and Texas commercial bribery prosecution centering on alleged violations of the Foreign Corrupt Practices Act
● Briefed and argued opposition to motion to set aside default judgment against former Venezuelan oil minister on behalf of energy company
● Successfully briefed and argued motion to dismiss on behalf of a hospital system in a False Claims Act retaliation case brought by a terminated employee
● Successfully briefed motions to dismiss securities-fraud lawsuits on behalf of publicly-traded companies and company executives
TEXAS DISTRICT COURT CASES
● Briefed motion for summary judgment on behalf of prescription-drug distributor in opioid litigation
● Briefed motions for summary judgment on behalf of natural-gas distributor in Winter Storm Uri litigation
● Successfully briefed and argued motion to dismiss on behalf of a hospital system in a putative class-action challenge to emergency room rates
● Successfully briefed and argued a motion asking the trial court to reconsider its order vacating an $8M arbitration award obtained by a medical doctor whose office administrator embezzled funds and stole research clients; the trial court reinstated the award
ARBITRATIONS
● Briefed and argued appeal to second arbitrator of first arbitration award on behalf of non-profit hospital system in contractual dispute with major health insurer over reimbursement rates
● Obtained summary judgment in arbitration on behalf of an energy company in a contractual dispute over defense and indemnity for environmental liabilities
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“Build A Better Brief: Tips to Improve Your Legal Writing,” Houston Bar Association Appellate Section Luncheon (2023)
“Women & Work: Stepping Into Kingdom Productivity,” Podcast Guest (2021)
“Krewe du Supreme: Supreme Court of the United States,” Baton Rouge Bench and Bar Conference (2019) (co-presenter Louisiana Solicitor General Elizabeth Murrill)
“Percolating and Potential Legal Conflicts: Challenges for Lawyers and Judges,” Appellate Judges Education Institute (2014) (co-authors Aaron M. Streett & Ernest A. Young)
“Advanced Appellate Briefwriting,” Louisiana State University Law Center (2013, 2014)
“United States Supreme Court Update,” Houston Bar Association (2013)
“Silencing Chicken Little: Options for School Districts after Parents Involved,” Louisiana Law Review (2009)
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Benchmark Litigation 40 & Under List
Ranked for Appellate Litigation by Chambers USA
“Rising Star” by Thompson Reuters Super Lawyers
“Texas Top Women” by Thomson Reuters Super Lawyers
Temple Bar Scholar, American Inns of Court
“Ten Women to Watch,” Washingtonian Magazine
Scribes Award, American Society of Legal Writers
Federal Courts Award, Federal Bar Association
Vinson & Elkins Best Case Note or Comment Award for Excellence in Legal Writing
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State Bars of Texas and Louisiana
Supreme Court of the United States
United States Courts of Appeals for the Second, Fifth, Seventh, and D.C. Circuits
United States District Courts for the Southern and Northern Districts of Texas
United States District Court for the Eastern & Middle District of Louisiana
Partner & Counsel, Smyser Kaplan & Veselka LLP
Associate, Baker Botts LLP
Law Clerk to Associate Justice Clarence Thomas, Supreme Court of the United States
Bristow Fellow, Office of the Solicitor General of the United States
Law Clerk to the Hon. Edith Jones, United States Court of Appeals for the Fifth Circuit
J.D., summa cum laude, Louisiana State University
B.A., summa cum laude, Louisiana College