Kathleen Hopkins
Alsina
700 Louisiana Street, Suite 2600
Houston , TX 77002
Direct: (713) 877-5552
Fax: (713) 626-1388
e-mail: alsinak@phelps.com
Appellate Litigation
Commercial Litigation
Insurance and Reinsurance
Kate is counsel in the Houston office. She is board certified in civil appellate law by the Texas Board of Legal Specialization, and practices in the areas of appellate law, general civil litigation, and insurance litigation. Kate represents clients in civil litigation and appellate matters before state and federal district courts, the Texas courts of appeals, the Texas Supreme Court, federal courts of appeals, and administrative agencies. She has briefed and argued numerous cases in both state and federal appellate courts. Her appellate practice has included commercial, insurance coverage, employment, personal injury, Jones Act, and Federal Employers' Liability Act cases, among others. She has litigated at the trial court and appellate levels significant cases involving, among other issues, personal jurisdiction, federal preemption, defamation, wrongful termination, indemnity, motor vehicle franchise law, personal injury, and insurance coverage. Kate frequently assists trial lawyers in preserving error, particularly through trial and post trial motion practice.
Prior to her legal career, Kate was a professor of Freshman Composition at both the University of Maryland and Houston Community College, and a secondary school English teacher with the Houston Independent School District and the Department of Defense Dependants' Schools in Germany. She has also served as an adjunct professor of Legal Research and Writing at the University of Houston Law Center. She is a trained mediator and fluent in Spanish.
- Board Certified-Civil Appellate Law, Texas Board of Legal Specialization, 1997, recertified, 2003
- University of Houston, J.D., with honors, 1986; Order of the Barons
- University of Houston, M.A. in English, 1979; Fellowship in English, University of London, 1977; B.A. in Education, magna cum laude, 1974, University Honors Program
- Admitted to Practice: Texas; United States District Court, Southern District of Texas; United States District Court, Eastern District of Texas; Fifth Circuit Court of Appeals; Ninth Circuit Court of Appeals
- Member: Houston Bar Association; State Bar of Texas, Appellate Practice Section; Bar Association of the Fifth Circuit; Harris County Dispute Resolution Center; American Inns of Court
- "AV" Rated, Martindale-Hubbell
- "Insurance Law Update," Houston Bar Association CLE Seminar, 2007.
- "Oral Argument Strategy and Tips," University of Houston Law Center, 2007, 2006, 2005, 2004.
- "Preservation of Error," Houston Association of Legal Assistants, 2007.
- "Preservation of Error on Appeal," Houston Bar Association CLE Seminar, 2005.
- "Anatomy of Preserving the Record for Appeal," Houston Bar Association CLE Seminar, 2001, 2003.
- "Practical Consideration for Preserving Error Before, During and After Trial," Houston Bar Association CLE Seminars, 2001.
- "The Final Judgment," Houston Association of Legal Secretaries, June, 2000.
- "Strategies For Using The No Evidence Summary Judgment," Amerisure Insurance Co., Dallas, Texas, August 1999.
- Getting To The Court (Perfecting The Appeal, Requesting The Record, The Docketing Statement), Practical Pointers For Practicing In The 1st and 14th Courts Of Appeals, South Texas College of Law, March 6, 1998.
- "Haciendo Valer un Contrato Entre Partes Mexicanas y Tejanas" Anape Journal, Monterrey, Mexico, Spring 1997.
- Union Pacific Railroad Company v. Limmer, No. 06-0023, in the Supreme Court of Texas.
Won reversal in the Fourteenth Court of Appeals of $8,000,000 jury verdict in wrongful death case against the railroad. Case involves significant issues of federal preemption, jury charge practice, and recognized causes of action in Texas courts. Case is currently before the Texas Supreme Court, which has requested full briefing on the merits. - Royce Homes, L.P. v. Dyck, 2006 WL 3094323, in the Ninth Court of Appeals, Beaumont (Nov. 2006).
Won reversal and render of take-nothing judgment in favor of homebuilder in a case in which the jury had awarded actual damages, exemplary damages and attorneys' fees based on findings of breach of contract and fraud. - Royce Homes, L.P. v. Neel, 2005 WL 428431, in the Tenth Court of Appeals, Waco (Feb. 2005).
Won reversal and render of take-nothing judgment in favor of homebuilder in case in which jury had awarded damages under the Texas Deceptive Trade Practices Act. - Hendler v. North Shore Boat Works, Inc., 2004 WL 1632653 (Tex. App.-Corpus Christi 2004, no pet.).
Obtained affirmance of summary judgment based on deemed admissions. - In the Matter of Ramba, Inc., No. 04-20752, in the United States Court of Appeals for the Fifth Circuit (2004).
Successfully represented creditor in appeal of a bankruptcy-related case, winning affirmance of summary judgment; coordinated and drafted joint brief for eight appellees. - In re Union Carbide Corporation, No. 04-1120, in the Supreme Court of Texas.
Represented Certain Underwriters at Lloyd's London as Amici Curiae in case involving significant issues with respect to asbestos litigation in the State of Texas. - Macias v. Schwedler, 135 S.W.3d 826 (Tex. App.-Houston [1st Dist.] 2004, pet. denied).
Obtained affirmance of trial court's order dismissing wrongful death action based on plaintiff's failure to exhaust remedies under Texas Worker's Compensation Act. - Missouri Pacific Railroad Co. v. Lely Development Co., 86 S.W.3d 787 (Tex. App-Austin 2002, no pet. h.).
Obtained reversal and render of judgment in favor of railroad for payment of indemnity claim by landowner in case arising from death at railroad crossing. This case is one of few cases in Texas jurisprudence upholding an indemnity agreement on the basis of the party's actual knowledge of the agreement. - Zaiontz et al. v. Trinity Universal Ins. Co. 87 S.W.2d. 565 (Tex. App.-San Antonio 2002, pet. denied).
Obtained favorable judgment for Texas Pacific Indemnity Company and Trinity Universal Insurance Company precluding coverage on the basis of the pollution exclusion and policy definition of "insured." After full briefing, the Texas Supreme Court denied the petition for review. - Ellis v. Missouri Pacific Railroad, 2001 WL 1169850 (Tex. App.-Houston [14th Dist.] 2001, no pet. h.).
Obtained affirmance of jury verdict in favor of railroad in FELA back injury case. - Perry v. Royal Phoenician Apartments, 1999 WL 1208501 (Tex. App.-Houston [1st Dist.] 1999, no pet. h.).
Obtained summary judgment in trial court, affirmed by First Court of Appeals, in favor of insured property owners in premises liability case involving sexual assault. - D.S.A., Inc. v. Hillsboro Independent School Dist., 973 S.W.2d 662 (Tex. 1998).
Briefed complex DTPA and breach of contract case to Texas Supreme Court. - In re Lowenschuss, 165 F.3d 916 (9th Cir. 1998).
Obtained favorable judgment for Zapata Corporation on contested interpleader of corporate bonds in Nevada bankruptcy court, affirmed by federal Ninth Circuit Court of Appeals, in multimillion dollar bankruptcy case. - Conner v. Conticarriers and Terminals, Inc., 944 S.W.2d 405 (Tex. App.-Houston [14th Dist.] 1997, no writ).
Obtained affirmance of judgment in favor of Conticarriers, Inc., finding assertion of personal jurisdiction by Texas trial court improper. This case is frequently cited in Texas cases for analysis of personal jurisdiction issues. - Williams v. APS, Inc., 969 S.W.2d 433 (Tex. App.-Houston [14th Dist.] 1997, no writ).
Obtained affirmance of dismissal of temporary employee's suit under exclusive remedy provisions of Texas Workers' Compensation Act. Case involved issues of "borrowed servant" and notice provisions of Act. - Cliffs Drilling Co. v. Burrows, 930 S.W.2d 709 (Tex. App.-Houston [1st Dist.] 1996, no writ).
Obtained reversal of judgment in Jones Act case based on improper instruction to the jury with respect to seaman status. - Wils v. Robinson, 934 S.W.2d 774 (Tex. App.-Houston [14th Dist.] 1996, writ granted), vacated pursuant to settlement, 938 S.W.2d 717 (Tex. 1997).
Obtained reversal and render of judgment in favor of a guardian ad litem in a suit to dissolve a trust, resulting in court of appeals ordering probate court to reinstate $1.3 million trust. - McDaniel v. Yarborough, 898 S.W.2d 251 (Tex. 1995).
Briefed and argued to Texas Supreme Court significant case on issue of when a juror may be excused during trial. - Chandler v. Hyundai Motor Co., 882 S.W.2d 606 (Tex. App.-Corpus Christi 1994, writ denied).
Briefed to court of appeals and Texas Supreme Court significant personal injury case that is frequently cited on issues of waiver of error and the psychologist-patient privilege. - Muckleroy v. OPI International, Inc., 42 F.3d 641 (5th Cir. 1994).
Obtained reversal and remand in Jones Act case appealed from Galveston federal district court. - Greater Houston Transportation Co., Inc. v. Zrubeck, 850 S.W.2d 579 (Tex. App.-Corpus Christi 1993, writ denied).
Obtained affirmance of jury verdict in favor of nursing home patient, involving award of actual and exemplary damages against Houston transit authority. Case is frequently cited with respect to issues of waiver of error and bifurcated trials. - Neese v. Dietz, 845 S.W.2d 311 (Tex. App.-Houston [1st Dist.] 1993, writ denied).
Obtained affirmance of jury verdict in favor of client in personal injury suit. - Dugas v. Zapata Gulf Marine Corporation, No. 92-4370 (5th Cir. 1992).
Obtained affirmance of favorable judgment in Jones Act case. - Zapata Corp. v. Zapata Trading Int'l, Inc., 841 S.W.2d 45 (Tex. App.-Houston [14th Dist.] 1992, no writ).
Obtained reversal and remand in favor of Zapata Corporation in case involving common law trade name infringement. - Van Pelt v. Best Workover, Inc., 798 S.W.2d 14 (Tex. App.-El Paso 1990, no writ).
Argued in trial court and obtained affirmance in court of appeals of "special appearance" to contest personal jurisdiction of Texas court over Louisiana company.