Theodore Schultz Email & Phone Number

• Won Texas arbitration of EFTA / catfishing claim against major bank (Feb. 2023)• Won Maryland arbitration of Regulation E claim against major bank (Feb. 2023)• Won summary judgment in UM/UIM dispute for insured's failure to obey policy terms. Martinez v. State Farm Mut. Auto. Ins. Co., 2023 WL 192735 (W.D. Tex. 2023).• Won summary judgment on vehicle storage act claim against insurer. Miracle Auto v. Liberty Mut., 2021CV04528, Texas County Court (2022).• Prevailed on behalf of defendant insurer in concrete degradation case of Lippi v. United Services Auto. Ass'n, 209 Conn. App. 524 (2021)• Prevailed in 2021 arbitration alleging that IRA Trustee had improperly followed inherited beneficiary instructions resulting in additional tax payment of more than $110,000, plus punitive damages.• Prevailed in unjust enrichment action against escrow agent receiving erroneous payment. Nevarez v. USAA Fed. Sav. Bank, 2021 WL 837624 (Tex. App.—El Paso 2021) • Obtained zero-dollar nonsuit of insurance antitrust action against major insurer (2021).• Won dismissal of all non-UCC embezzlement claims against bank, with remaining claims nonsuited. Vitus Energy LLC v. USAA Federal Savings Bank (D. Tex. 2020).• Obtained Alaska dismissal for want of personal jurisdiction in UCC action by embezzlement victim against bank, Vitus Energy LLC v. USAA Federal Savings Bank (D. Alaska 2020).• Briefed and argued to the Texas Supreme Court Richards v. State Farm Lloyds, 597 S.W.3d 492 (Tex. 2020)• Obtained summary judgment in a coverage question involving an intra-family shooting, State Farm Lloyds v. Sandate, 2019 WL 2613431 (S.D. Tex. 2019)• Appellate victory, finding insurer had no duty to defend claim of sexual abuse allegedly committed by minor of insured parents, USAA Texas Lloyds’ Co. v. Doe, 2017 WL 2791327 (Tex. App. 2017, pet. denied)• Won restricted appeal of improperly-rendered default judgment. USAA FSB v. Werlein, 2017 WL 1683714, at *1 (Tex. App. 2017)

• Prevailed in construction defects arbitration with all attorneys' fees paid.• Prevailed in a FDCPA lawsuit for a federal savings association in Allgood v. Allgood v. West Asset Management, Inc., Slip Copy, 2013 WL 6234691 (D. Nev. 2013)• Prevailed in FINRA arbitration in case involving dispute over beneficiary designation• Prevailed in FINRA dispute involving cancellation of securities transaction due to violation of Regulation T margin requirements by check-kiting customer.• Obtained judgment on the pleadings on Prompt Payment Act claims brought against insurer for six-year delay in payment. Hendrix v. Hartford Life Ins. Co.,2013 WL 979285 (N.D.Tex. 2013).• Obtained judgment on the pleadings under the Fair Credit Reporting Act case in Morse v. USAA Federal Savings Bank, 2012 WL 6020090 (D. Nevada 2012).• Argued and prevailed before the 5th Circuit in Likens v. Hartford Life and Accident Insurance Company, 688 F.3d 197 (5th Cir. 2012), after obtaining trial court summary judgment in favor of insurer on interpretation of policy, 794 F. Supp. 2d 720 (S.D.Tex.2011).• Obtained a take-nothing summary judgment for insurer by demonstrating that policy had lapsed and was not revived. Calverly v. Hartford Life and Acc. Ins. Co., 2010 WL 4511101 (N.D.Tex.,2010).• Obtained a take-nothing summary judgment in arbitration of an ERISA claim against the Plan Administrator of an Employee Benefit Plan maintained and self-insured by a large grocery chain.• Successfully defended to a zero-dollar judgment a breach of contract and defamation action brought by the former CEO of an Italian company’s U.S. subsidiary against the company’s new management.• Successfully defended to a zero-dollar judgment an action for fraud and breach of contract against a silicon broker accused of wrongfully applying over one million dollars in buyer purchase money.• Obtained complete dismissal in case alleging bank responsible for non-delivery of a vehicle under 16 CFR § 433.2.

Us

Significant litigation• Represented insurer in ERISA/bad faith litigation in Arizona district court, resulting in ERISA plan affirmed by judgment with bad faith claims dismissed.• After three-day evidentiary hearing, enjoined former president and CEO from competing with international cement plant manufacturer or using its trade secrets.• Enjoined patent holder from terminating license of sex-selection technology, resulting in settlement and ultimate purchase of patent holder by licensee.

Law Clerk to a United States District Judge.

Legal Research for David Wippman

New York, New York, Us

Summer Associate working on a variety of litigation and international matters

Jd, Law (International Specialization)

M.A., American Diplomatic History

B.A., History And Government

Education record