David M. Minces PARTNER
Over the past 20 years, David Minces has earned his reputation for excellence. As clients, colleagues and even opposing counsel can attest, David is a relentless, creative and strategic force in the courtroom when fighting for clients. David’s victories for his clients include winning lawsuits, arbitrations, and appeals. Several of David’s cases are published on Westlaw, and others have been reported in the news.
David has a history of success in cases involving fraud, defamation, discrimination, retaliation, breach of contract, breach of fiduciary duty, products liability, construction defects, premises liability, personal injury, and other high-stakes legal disputes including class action lawsuits. David is a fierce advocate and a proven winner who is not afraid to fight for people who have been harmed and have nowhere left to turn. On multiple occasions, David’s cross-examination skills have caused his clients’ adversaries to give up in the middle of a deposition.
David is admitted to practice in all state and federal courts in Texas, as well as the United States District Courts for the Eastern and Western Districts of Arkansas, the United States District Court for the Southern District of Indiana, the United States District Court for the Southern District of Mississippi, the United States District Court for the Northern District of Ohio, and the United States Courts of Appeals for the Fifth and Eighth Circuits. In addition to these admissions, David is one of only a very small percentage of Texas lawyers to qualify as Board Certified in Labor and Employment Law by the Texas Board of Legal Specialization – a credential he has maintained since 2007.
“David is the epitome of what an attorney should be.”
David’s work has generated many positive online reviews, with clients expressing appreciation for his honesty, knowledge and mastery of the law and facts of his client’s cases, responsiveness, compassion, friendliness, and belief in fighting for what is just and fair. As one former client said about David, “He is one of the best men I know in addition to being one of the best at his job.”
David graduated from University of Nebraska – Lincoln with a Bachelor of Arts in Journalism and minors in English, History, and Psychology. After working for a few years after college, David earned his law degree from Southern Methodist University Dedman School of Law in 2000. During law school, David served as Administrative Editor of the Computer Law Review & Technology Journal. As a lawyer, David has periodically mentored law students by offering internship opportunities and by judging various mock trial and moot court competitions.
“He is compassionate with his client and believes in fighting for not just the little guy, but what is right and fair.”
David achieved the distinguished AV Preeminent Rating by Martindale-Hubbell in 2016 and has maintained it every year since. Additionally, he was selected by his peers for inclusion in Texas Super Lawyers Rising Stars from 2009 to 2010 and was named to Texas Super Lawyers in 2019 and 2020. David is considered to be among the top one percent of trial lawyers by the National Association of Distinguished Counsel and has received numerous other accolades during his career. David is a member of the Houston Bar Association Labor and Employment Section and the State Bar of Texas.
- Southern Methodist University Dedman School of Law, Juris Doctor, 2000
- Administrative Editor, Computer Law Review & Technology Journal
- University of Nebraska – Lincoln, Bachelor of Arts in Journalism with minors in English, History, and Psychology, 1993
Bar and Court Admissions
- Texas, 2000
- United States District Court for the Southern District of Texas
- United States District Court for the Northern District of Texas
- United States District Court for the Eastern District of Texas
- United States District Court for the Western District of Texas
- United States District Court for the Eastern District of Arkansas
- United States District Court for the Western District of Arkansas
- United States District Court for the Southern District of Indiana
- United States District Court for the Southern District of Mississippi
- United States District Court for the Northern District of Ohio
- United States Court of Appeals for the Fifth Circuit Court
- United States Court of Appeals for the Eighth Circuit Court
- Texas Super Lawyers “Rising Star,” 2009 – 2010
- Texas Super Lawyers, 2019 – 2021
- “Who’s Who” of American Lawyers, Strathmore Who’s Who, 2015
- “Top Lawyer” by Houstonia Magazine, 2017
- AV Preeminent Rating by Martindale-Hubbell, 2016 – present
- Nation’s Top One Percent by the National Association of Distinguished Counsel, 2019 – 2021
- Personnel Law Training Course, U.S. Department of Housing and Urban Development Office of General Counsel, Office of Ethics and Personnel Law, June 2017
- Wage and Hour 101, Houston Metropolitan Paralegal Association CLE Luncheon, January 2017
- “The Triangle of Death:” Overlap and Interplay between Texas Workers Compensation Law, The Family Medical Leave Act (FMLA), and the Americans with Disabilities Act (ADA), Gulf Coast Safety Institute Lunch & Learn CLE, May 2016
- Legal Aspects of Recordkeeping, Gulf Coast Safety Institute Lunch & Learn CLE, March 2016
- Workers Compensation Retaliation Law, Houston Bar Association, Labor and Employment Law Section, 2011
- Harris County Health Heroes, Harris Health System
- Coaching elementary school students in University Interscholastic League (UIL) competitions
- Became Certified Fitness Trainer in 2000 and has led early morning “boot camp” fitness classes
Examples of David’s Representative Experience
- Recovering 100% of all plaintiffs’ unpaid overtime wages in a seven-year long collective action lawsuit against O’Connor & Associates, the largest property tax consulting firm in the United States. The 11 plaintiffs who took the case to trial were residential property tax consultants, and the Court found that all 11 were misclassified as exempt and unlawfully denied overtime pay. Pursuant to the judgment from United States District Court for the Southern District of Texas (Magistrate Judge Stacy, Houston Division), the company, its general partner, and its owners (Patrick O’Connor and Kathleen O’Connor) were found jointly and severally liable for all unpaid overtime wages plus attorney’s fees, case costs and expenses and interest. The total judgment, including attorney’s fees and costs, was just under $1,300,000. (Monique Fraser, et al. v. O’Connor & Associates, et al., Cause No. 4:11-cv-03890) Judgment was affirmed by the Fifth Circuit Court of Appeals in a published opinion.
- Obtaining a unanimous jury verdict in favor of Galveston County, Texas in a Title VII retaliation lawsuit. Plaintiff alleged sexual harassment, sex discrimination and retaliation in violation of Title VII of the Civil Rights Act of 1964. Judgment rendered that Plaintiff take nothing and pay court costs. (Tomasa Duran v. Galveston County, Texas; Cause No. 3:14-cv-00186)
- Obtaining a recommendation of summary judgment in in favor of Galveston County, Texas in three-plaintiff lawsuit. All three plaintiffs alleged the County terminated them in violation of the Texas Whistleblower Act and the First Amendment of the United States Constitution and failed to provide them due process of law. Following the federal Magistrate Judge’s recommendation of dismissal, plaintiffs dismissed the case and agreed not to appeal in order to avoid prevailing party costs (Robert Powell et al. v. Galveston County, Texas; Cause No. 3:12-cv-00215)
- Obtaining 100% of attorney’s fees, costs, and arbitration expenses in a $45 million complex commercial arbitration involving claims of breach of contract, breach of fiduciary duty, conversion, fraud, and fraud in the inducement.
- Obtaining summary judgment in federal court in Houston in favor of the City of Bay City, Texas on all claims asserted by plaintiffs in a four-plaintiff lawsuit that included claims of age, race, national origin and sex discrimination and also claims of unlawful retaliation (Gonzalo Ayala et al. v. City of Bay City Texas; 4:09-cv-02448)
- Recovering unpaid overtime and liquidated damages on behalf of a misclassified employee in a 1-day arbitration proceeding.
- Obtaining summary judgment on behalf of a lender in a case in which a home buyer asserted fraud, deceptive trade practices and negligence claims against the lender after his house depreciated in value during the years following the purchase transaction, alleging that the lender was “inextricably intertwined” in the sales transaction. (Jerry Judd v. Community Home Loan, LLC; Cause No. 2006-81503)
- Obtaining summary judgment in federal court in Mississippi in favor of a steel maker in a race discrimination lawsuit in which the Plaintiff, a temporary worker, alleged the steel mill first denied him a permanent job because of his race and later fired him in retaliation for filing a Charge of Discrimination with the EEOC. The plaintiff was represented by a former Mississippi Judge. (Billy Brown v. Nucor Steel Jackson, Inc.; 3:08-cv-00021)
- Obtaining summary judgment in Leon County, Texas in a worker’s compensation retaliation case and later successfully arguing the case before the Waco Court of Appeals, which affirmed summary judgment (Roger Willis v. Nucor Corporation, 282 S.W.3d 536)
- Obtaining a Recommendation of Dismissal after an ALJ trial in a “whistleblower” retaliation case brought under the Surface Transportation Assistance Act; later affirmed by the Administrative Review Board (Barrett Riess vs. Vulcraft-Texas, 2008-STA-00011)
- Obtaining a unanimous jury verdict in federal court in Arkansas in a Title VII race discrimination lawsuit in which a longstanding employee was demoted following a series of peer reviews that he claimed were a sham (Gerry Harris v. Nucor Corporation, 2007 WL 1526427)
- Obtaining a unanimous jury verdict in state court in Houston in favor of a grocery store in a non-subscriber premises liability lawsuit in which a former employee sought $1,000,000 at trial for damages to his cervical spine that he claimed resulted from a work-related injury (Paul Bustillos v. Fiesta Mart, Cause No. 2003-24830)
- Obtaining summary judgment on Title VII claims of hostile work environment, denial of promotions and constructive discharge (Algernoa Crenshaw v. Nucor Corporation, 2008 WL 2561935)
- Obtaining summary judgment in a Family and Medical Leave Act (FMLA) interference and retaliation case in which the plaintiff alleged that he was unlawful terminated following his participation in substance abuse treatment (Talmadge Scobey v. Nucor Corporation, 580 F.3d 781)
- Obtaining total victory in favor of a steel maker in a worker’s compensation retaliation case in Leon County, Texas after the Plaintiff voluntarily dismissed the entire case with prejudice during his deposition (David Jensen v. Nucor Corporation, Cause No. PI-05-516 in the District Court of Leon County, Texas)
- Helping business clients and individuals win contested unemployment claims
- Satisfactorily resolving claims for six-figure and even seven-figure confidential sums (with and without the need for litigation) on behalf of executives and other working people whose rights have been violated by employers
- Successfully representing numerous individuals and companies involved in government agency investigations conducted by the United States Department of Labor (DOL), the Occupational Safety and Health Administration (OSHA), the Administrative Review Board (ARB), the Equal Employment Opportunity Commission (EEOC) and the Texas Workforce Commission (TWC)
- Satisfactorily resolving many cases to the satisfaction of corporate and individual clients through mediation and other collaborative efforts that save clients time and money
- Occasionally serving as an expert witness in employment-related litigation matters