James D. Payne
James D. Payne
Shareholder
Video of James D. Payne
214.692.1345 (Direct)
214.692.6610 (Fax)
payne@gsfpc.com
Guida, Slavich & Flores, P.C.
750 N. St. Paul Street, Suite 200
Dallas, Texas 75201

Mr. Payne, a fifth generation Texan, is a shareholder in the firm and is the firm’s senior trial attorney. His practice focuses on commercial litigation with an emphasis on cases involving environmentally-impacted properties. Mr. Payne has been the lead attorney for plaintiffs and defendants in hundreds of lawsuits, and he has tried numerous jury, bench and administrative cases to verdict. Mr. Payne has been lead trial counsel in cases filed in Texas, Louisiana, Oklahoma, New Mexico, Kansas, Wyoming, New York, Illinois, and California.

Education

  • J.D. - Texas Tech University School of Law - 1991
  • B.A. - Baylor University - 1988

Bar Admissions

  • Texas

Court Admissions

  • U.S. District Courts in the Northern, Southern, Eastern and Western Districts of Texas
  • U.S. Fifth Circuit Court of Appeals
  • United States Supreme Court

Honors

  • Member of the National Order of Barristers
  • Officer on the Texas Tech Board of Barristers
  • Outstanding Trial Advocate Award – Texas Tech
  • American Jurisprudence Award in Mock Trial Competition – Texas Tech
  • Member of the Texas Tech National Mock Trial Team for two years and Regional Quarterfinalist – 1991
  • First place in the Texas Tech Advanced Mock Trial Competition – 1990

Memberships

  • Texas Association of Defense Counsel
  • Defense Research Institute
  • College of the State Bar of Texas
  • Dallas Bar Association
    • Board Member of Environmental Law Section, 2008-present
  • Tarrant County Bar Association
    • Chairman of Environmental Law Section, 2009/2010
  • Rockwall County Bar Association
  • American Bar Association
    • Environmental Litigation Section
    • Environment, Energy and Resources Section
  • Member of the Million Dollar Advocates Forum
  • Member of MENSA
  • Active in various Masonic organizations including the Dallas Scottish Rite, the York Rite and the Hella Shrine

Authoring and Presenting

  • “Is the Barnett Shale Bound for the Courtroom?” (2010) (prepared with regard to related speaking engagement for executives in the natural gas industry)
  • “Home on the Range: Environmental Issues Pertaining to Texas Wind Farms” (2008) (prepared for Wind Law III sponsored by Texas Tech University School of Law, the West Texas Wind Energy Consortium, and the American Wind Energy Association)
  • “Texas Mold: The Litigation Gusher That Didn’t Hit,... Yet” (2003) (prepared with regard to related speaking engagement at the 25th Annual Corporate Counsel Institute; also presented at a meeting of the Dallas Chapter of the American Indoor Air Quality Council)
  • “Indemnity Agreement Primer” (2003) (prepared with regard to related speaking engagement)
  • “Strategic Discovery and the Theory of the Case” (2000) (prepared and presented for Discovery Skills for Legal Staff in Texas Seminar)
  • “Drafting Interrogatories & Considerations in Responding to Discovery Requests” (2000) (prepared and presented for Discovery Skills for Legal Staff in Texas Seminar)
  • “The Not So New Discovery Rules: An Adventure into the Dark Continent” (1999) (prepared and presented for a continuing legal education course)

Areas of Practice

  • Commercial litigation
  • Soil, groundwater and air contamination cases
  • CERCLA, RCRA and the Texas Solid Waste Disposal Act
  • Environmental citizens’ lawsuits
  • Toxic torts including pesticide, chemical, asbestos, silica sand, benzene, and “black mold” exposure
  • Construction defect litigation
  • Collections
  • Landlord/tenant disputes including evictions

Appellate Decisions

  • Environmental Conservation Organization v. City of Dallas, No. 07-11247, 2008 WL 5243638 (5th Cir. Dec. 17, 2008)
  • Environmental Conservation Organization v. City of Dallas, 529 F.3d 519 (5th Cir. 2008), cert. denied, 129 S.Ct. 418, 172 L.Ed.2d 288 (2008)
  • Environmental Conservation Organization v. City of Dallas,, 516 F.Supp.2d 653 (N.D. Tex. 2007)
  • Environmental Conservation Organization v. City of Dallas,, No. 3-03-CV-2951-BD, 2007 WL 4165917 (N.D. Tex. Nov. 20, 2007)
  • Environmental Conservation Organization v. City of Dallas,, No. 3-03-CV-2951-BD, 2005 WL 1771289 (N.D. Tex. July 26, 2005)
  • K-7 Enterprises, L.P. v. Jeswood Oil Co., No. 2-03-312-CV, 2005 WL 182947 (Tex. App.-Fort Worth Jan 27, 2005, no pet.)