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Heather E. Asselin


SL - Heather Asselinlitigation-counsel-of-america-fellow

Heather is a Director and has broad experience in the Construction and Surety and Litigation sections. Heather’s practice includes all aspects of construction law, as well as general commercial litigation.

Heather was named a Senior Fellow in the Litigation Counsel of America and has been named by her peers to the Texas Super Lawyer Rising Stars list published by Thomson Reuters in Texas Monthly Magazine (2006-2010). She was named one of “Texas’ Top 100 Trial Lawyers” by National Trial Lawyers (2011-2017), and a “Top Professional on the Fast Track” and “Top Lawyer” in Houston’s H Magazine (2010-2016). Heather has also been recognized by the National Women Trial Lawyers (2013-2017). Additionally Heather was featured on American Airline’s In Flight Radio network as one of America’s Most Influential Women.

Practice Emphasis

While Heather’s practice is primarily concentrated in commercial and construction litigation, she has successfully handled a wide spectrum of complex disputes on behalf of clients in a wide variety of areas including: securities fraud, personal injury, wrongful death, contract claims, employment discrimination claims, breach of fiduciary duty, and defamation. She has served her clients throughout the United States, in several state and federal courts, and internationally. Heather also practices before the American Arbitration Association.

  • J.D., 1996, Creighton University School of Law
  • B.A., 1993, California State University at Fresno
  • Texas, 1996
  • U.S. Court of Appeals, Tenth Circuit
  • U.S. District Court, Northern, Eastern, Western and Southern Districts
  • State Bar of Texas (Litigation and Construction Sections)
  • Houston Bar Association (Litigation and Construction Sections)
  • Houston Chapter of the Association of General Contractors
  • American Bar Association (Tort Trial & Insurance Practice Section and The Fidelity and Surety Law Committee)
  • Association of Women Attorneys (Former Member of the Board of Directors and former Chair of the Judicial Reception Committee)
  • AWA Foundation (Former Chair and former member of Board)
  • Fellow of the Texas Bar Foundation
  • Senior Fellow of the Litigation Counsel of America
  • Member, National Women Trial Lawyers
  • Member, State Bar of Texas standing committee on Public Affairs (Term 2007-2010)
  • Member, NAWIC
  • Member, National Trial Lawyers
  • Member, Women Contractor’s Association, Houston Chapter
  • Charter Fellow, Construction Lawyers Society of America
Representative Matters
  • Trial Counsel for non-destructive examination contractor in lawsuit with pipeline operator arising out of the remediation of a 31-mile natural gas pipeline in Ohio and Indiana – amount in controversy approximately $60,000,000; length of jury trial – approximately five weeks
  • Represented international chemical company in defense of contractor’s delay, productivity and other claims arising out of construction of air separation plant – the revised claim was alleged to be approximately $11,000,000, exclusive of fees and costs; length of arbitration hearing – approximately two months
Representative Cases
  • Schulte Bldg. Systems, Inc. v. AA Metalic Bldgs. Mfrs. LLC, 2008 WL 941003, (M.D.La. Apr 07, 2008)
  • State Farm Fire & Cas. Co. v. Miraglia, 2007 WL 2963505, (N.D.Tex. Oct 11, 2007)
  • Hardin v. First Cash Financial Services, Inc., 465 F.3d 470, (10th Cir.(Okla.) Oct 06, 2006)
  • Barron v. Vanier, 190 S.W.3d 841, (Tex.App.-Fort Worth Mar 30, 2006)
  • Schuchmann v. Miraglia, 2004 WL 2626532, (N.D.Tex. Nov 16, 2004)
  • Powell v. Miraglia, 2004 WL 2452024, (N.D.Tex. Nov 01, 2004)
  • Wessel v. Miraglia, 2004 WL 1943776, (N.D.Tex. Aug 31, 2004)
  • In re Redman Homes, Inc., 134 S.W.3d 296, (Tex.App.-Waco Aug 04, 2003)
  • Hubco, Inc. v. Ashford Const. Corp., 2003 WL 21338611, (Tex.App.-San Antonio Jun 11, 2003)
  • “Social Media & Legal Consequences of Modern Communication,” presented as part of the e-discovery speaker series courtesy of Driven, Inc., Houston, 2015
  • “Avoiding E-Disasters – Practical Guidance for Electronic Data Management and the E-Discovery Process,” 25th Annual Construction Law Conference – San Antonio, Texas
  • “Owners & Contractors, Are You Protected?” Texas CEO Magazine
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