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Wesley Osborn

Associate

Wesley Osborn represents clients in complex litigation and contract matters with an emphasis on surety, construction, and contract claims. His civil litigation experience includes representing clients in appellate proceedings before state and federal appellate courts.

Wesley assists clients in commercial litigation matters with an emphasis on surety, construction, and contract claims. He represents sureties, contractors, and other construction and business clients in the investigation and litigation of commercial lawsuits including surety, contract, lien, fraud, and related claims. He has extensive experience representing both companies and individuals in contract development and negotiations.

Wesley works with surety companies to resolve complex issues related to construction contracts and bonds from the initial investigation of claims up to and through the negotiation of surety agreements including takeover, tender, and financing agreements. He also assists his clients in litigation including, but not limited to, bond and contract claims, subrogation claims, indemnification claims, and creditors’ bankruptcy claims. Wesley is licensed in Texas state court, several related federal district courts, and the U.S. Fifth Circuit Court of Appeals.

Education

J.D., Baylor University, Waco, Texas, 2021
B.A., University of Texas, 2018

Memberships

State Bar of Texas

Bar Association for the Fifth Federal Circuit

Dallas Bar Association

Sections of Texas State Bar (Appellate, Insurance, Golf Club Committee)

State Bar Licenses

Texas

Court Admissions

U.S. Court of Appeals, 5th Circuit
U.S. District Ct., N.D. of Texas
U.S. District Ct., S.D. of Texas
U.S. District Ct., E.D. of Texas
U.S. District Ct., W.D. of Texas
U.S. Bankruptcy Ct., E.D. Texas
U.S. Bankruptcy Ct., N.D. of Texas

Appellate Experience

  • Briefing and oral argument preparation, including sitting as judge on moot court argument panel, in a multi-million dollar death case that raised novel questions regarding a guardian ad litem’s scope of authority, a parent’s constitutional right to settle minor child’s claims, and extent to which appellate court had authority or jurisdiction to overturn an otherwise agreed settlement.
  • Mandamus briefing that made circuit-splitting precedent in Harris County, taking position that corporate representative deposition of an insurance carrier was disproportionately burdensome.
  • Second-chair oral argument before Dallas Court of Appeals on three occasions.
  • Jury charge drafting and other error preservation assistance to trial counsel in a defamation and separate bad-faith jury trial.

Trial Experience

  • First-chair bench trial, obtaining full defense judgment in favor of natural gas provider.
  • Obtained summary judgment in bad-faith dispute regarding $80 million underlying judgment, the subject of which was an episode of Dr. Phil.
  • Set aside over two-dozen default judgments based on legal defects and equity.
  • Obtained summary judgment in approximately a dozen cases involving claims arising under common law, contract, and/or statute.
  • Represented commercial clients in state (TX, MO, AL, AR, FL) and federal court (TX, AL, AR).

Reported Appellate Opinions

  • In re Estate of Morgan, 2024 WL 2509041 (Tex. App.—Dallas, 2024, pet. pending)
  • McGann v. Lilly, No. 05-22-00455-CV, 2023 WL 5198790 (Tex. App.—Dallas Aug. 14, 2023, no pet.)
  • In re Hartford, No. 01-22-00926-CV, 2023 WL 4565997 (Tex. App.—Houston [1st Dist.] 2023, orig. proceeding)
  • Cernak v. Studley, No. 05-22-00659-CV, 2023 WL 3089817 (Tex. App.—Dallas 2023, no pet.)
  • Nikko Condo. Ass’n v. KWA Constr., L.P., No. 05-21-00914-CV, 2023 WL 154877 (Tex. App.—Dallas 2023, no pet.)
  • In re Briseno, No. 05-22-01125-CV, 2022 WL 15233132 (Tex. App.—Dallas 2022, orig. proceeding)

Articles, Publications, and Speaking Opportunities

  • Author, Surety Claims Institute Newsletter, Vol 39, Who Is On the Hook: Indemnity Agreements and Non-Signatories (2023)
  • Chapter Co-Editor. New Appleman on Insurance Law, Library Edition, Suretyship Vol. 12, Ch. 139 Performance Bonds (2024)
  • Speaker, Sailing with Autopilot – Use of Generative Artificial Intelligence in the Legal Sphere, GFSI Conference (2024)

Transactional Experience

  • Advising client on compliance questions primarily involving Texas and New York state law

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