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John J. Smither
Senior Counsel Direct: 713.844.3060
Fax: 713.844.3030
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"John offers the quality of representation, communication and performance that clients can count on to consistently produce positive results."
John Smither’s practice primarily focuses on eminent domain matters, energy and land use litigation, and commercial litigation.
John routinely represents clients who exercise the power of eminent domain to acquire temporary and permanent easements for common carrier and gas utility transmission and lateral lines. He has represented numerous pipeline companies and electric utilities condemning for right-of-way on interstate and intrastate projects traversing the State of Texas. He has experience handling matters for condemnors in all phases of the condemnation process including survey access, initial and final offers, special commissioners’ hearings in the administrative phase, and right to take and damage issues in the judicial phase.
John also has extensive litigation experience handling personal injury and product liability cases, including complex, multi-party, multi-district product cases. He also handles matters involving commercial disputes and premises liability.
- South Texas College of Law Houston, J.D., 1993
- Vanderbilt University, B.A., 1990
- State Bar of Texas
- U.S. District Court for the Northern District of Texas
- U.S. District Court for the Eastern District of Texas
- U.S. District Court for the Southern Districts of Texas
- U.S. Court of Appeals, Fifth Circuit
- U.S. Supreme Court
- Member, Houston Bar Foundation
- Member, State Bar of Texas (Litigation Section)
- Member, Texas Bar Foundation
- Board Certified, Personal Injury Trial Law, Texas Board of Legal Specialization, 2009, 2014, 2019
- AV Preeminent-rated, Martindale-Hubbell
- Hlavinka v. HSC Pipeline Partnership, LLC, 650 S.W.3d 483 (Tex. 2022).
- Yowell v. Granite Operating Co., 630 S.W.3d 566 (Tex. App.—Amarillo 2021, pet. denied).
- Hlavinka v. HSC Pipeline Partnership, LLC, 605 S.W.3d 819 (Tex. App.— Houston [1st Dist.] 2020, review granted January 28, 2022).
- Yowell v. Granite Operating Co., 620 S.W.3d 335 (Tex. 2020). Presented oral argument to the Supreme Court of Texas on January 9, 2020.
- Graves v. Lone Star NGL Pipeline L.P., No. 09-18-00173-CV, 2019 WL 962544 (Tex. App.—Beaumont Feb. 28, 2019, no pet.)(mem. op.).
- Yowell v. Granite Operating Co., 557 S.W.3d 794 (Tex. App.—Amarillo 2018, pet. granted).
- Crosstex NGL Pipeline, L.P. v. Reins Rd. Farms-1, Ltd., 404 S.W.3d 754 (Tex. App.—Beaumont 2013, no pet.).
- In re Crosstex NGL Pipeline, L.P., No. 09-13-00168-CV, 2013 WL 2444192 (Tex. App.—Beaumont May 30, 2013, no pet.).
- Michael Alan Walker v. Thomasson Lumber Company, et al., 203 S.W.3d 470 (Tex.App. — Houston[14th Dist.] 2006, no pet.).
- Herbert L. Wilson v. Mitul Patel d/b/a Best Western Rockdale, et al., No. 03-03-00275-CV, 2004 WL 579073 (Tex.App. — Austin 2004, no pet.).
- Linda R. Burton v. Gerland’s Food Fair, Inc., No. 14-97-01002-CV, 1998 WL 856327 (Tex.App. — Houston [14th Dist.] 1998, no writ).
- “Advanced Pipeline Valuation Issues in the Aftermath of HSC vs. Hlavinka,” Speaker and Author, CLE International Eminent Domain Conference, August 10, 2023
- “HSC Pipeline Partnership v. Terrance J. Hlavinka, Kenneth Hlavinka, Tres Bayou Farms, LP and Terrance Hlavinka Cattle Company,” Speaker and Author, CLE International Eminent Domain Conference, August 25, 2022
- “Pipeline Survey Access and Project Updates,” Speaker and Author, CLE International Eminent Domain Conference, August 19, 2021
- “Pipeline Damages and Project Updates,” Speaker and Author, CLE International Eminent Domain Conference, August 6, 2020
- “Pipeline Damage Models,” Speaker, International Right of Way Association, February 6, 2020
- “Pipeline Project Updates and Challenges Facing Condemnors,” Speaker and Author, CLE International Eminent Domain Conference, July 19, 2019
- “Pipeline Project Updates and Challenges Facing Condemnors,” Speaker and Author, CLE International Eminent Domain Conference, May 11, 2018
- Member, Houston Livestock Show and Rodeo
