Mrs. Misty A Hataway-Cone
Over my 16 plus years of practice, I have worked in all areas of business and commercial litigation at both the trial and appellate levels. This experience includes mass toxic tort litigation, products liability, admiralty, first-party and third-party insurance litigation, multi-million dollar commercial litigation disputes, personal injury suits and governmental/public law matters. My appellate practice includes representing matters throughout the Texas intermediate courts of appeals, the Texas Supreme Court, the Southern and Eastern Districts of Texas, the Fifth Circuit Court of Appeals, and the United States Supreme Court.
My representative experience includes: attending to loan closings, foreclosure and related collection needs on behalf of mid-size financial institutions; representing plaintiffs and defendants in cure and personal injury actions; first party and third party insurance litigation; post-trial motion practice, appellate briefing, motions for rehearing, and representing clients’ interests in discovery disputes and mandamus proceedings; and representing clients throughout the courts of appeals at both the federal and state levels.
From 2011 to 2016, I served as a member of the team of lawyers representing Halliburton Energy Services, Inc. in the BP oil spill litigation.
Reflecting the excellence of her practice, Misty is an 8-time recipient of Thomson Reuters’ “Texas Rising Stars” honors, recognizing the finest young attorneys in the state. She has also been chosen 5 times as one of Houston’s Top Attorneys by H Texas Magazine, and similarly honored among “Top Houston Attorneys” by Houstonia Magazine. Most recently, Misty was selected to the list of Thomson Reuters’ “Texas Super Lawyers” for her practice in appellate law, as published in Texas Monthly magazine, a designation given to lawyers in the top 5 percent of Texas attorneys who are viewed by their colleagues as preeminent in their respective practice areas. This was Misty’s second selection to the Texas Super Lawyer list.
Misty is a member of the Houston Bar Association including the Appellate and Oil & Gas Sections. She serves on several HBA committees, including the AIDS Awareness Committee and Campaign for the Homeless Committee. Misty is a Fellow of the Texas Bar Foundation and a member of the Women in Law and Appellate Sections of the State Bar. She is also involved in a number of community organizations including the Deer Park Rotary Club, and the Texas A&M Former Students Association. Misty was recently appointed to serve a three-year term as a member of the Board of Directors for the Alumni Association for her alma mater, South Texas College of Law – Houston.
Misty is a proud graduate of Texas A&M University and South Texas College of Law – Houston, where she served on the Board of Advocates and Law Review. While in law school, Misty won numerous appellate advocacy and writing awards, including a National Championship from the University of Wisconsin. She also served as the Assistant Managing Editor of her Law Review.
Misty and her husband Paul, a special education teacher and coach at Crosby High School, live in Deer Park with their children Emma and Christian. When not on the sidelines of a soccer field with her children or a basketball court with the Crosby Lady Cougars, Misty enjoys Fightin’ Texas Aggie football and politics.
- Experience includes post-trial motion practice, appellate briefing, motions for rehearing, and representing clients’ interests in discovery disputes and mandamus proceedings.
- Presented appeal regarding premises liability claim and related negligence issues to client satisfaction.
- Successfully upheld defense judgment in an admiralty dispute following bench trial.
- Successfully upheld grant of summary judgment in breach of contract dispute regarding oil and gas development agreement.
- Successfully upheld grant of summary judgment in suit on a sworn account.
- Successfully upheld grant of summary judgment regarding dispute over life insurance proceeds as it related to an alimony obligation.
- Successfully prepared and argued numerous motions for summary judgment concerning disputes related to insurance coverage for alleged Hurricane Ike damages.
- Presented appeal regarding tax dispute concerning the alternative minimum tax to clients’ satisfaction.
- Successfully upheld grant of summary judgment based upon the Texas Tort Claims Act.
Honors and Awards
- Two time selection to the list of Thomson Reuters’ “Texas Super Lawyers” as published in Texas Monthly and Texas Super Layers Magazines, 2016-2017, a designation given to the top 5 percent of Texas attorneys who are viewed by their colleagues as preeminent in their practice areas.
- Eight-time selection to the list of Thomson Reuters’ “Texas Rising Stars” as published inTexas Monthly and Texas Super Lawyers (Rising Stars Edition) magazines, 2009 to 2016, a designation given to lawyers in the top 2.5% of Texas attorneys who are under 40 years old or younger who are viewed by their colleagues as preeminent in their respective practice areas.
- Five-time selection to the list of “Houston’s Top Lawyers”, 2012-2016 by H Texas Magazine
- Selected to “Top Lawyers in Houston” by Houstonia Magazine, 2015
Presentations & Publications
- Co-author, State Created Danger Doctrine, published by the Defense Research Institute, 2002
- Co-author/Presenter: Labor and Employment Issues in Education, TASB Convention, 2003
- Co-author, The New Litigator’s Guide to Trial Practice: Courtroom Ethics, National Business Institute, 2008
- Co-author, The New Litigator’s Guide to Trial Practice: Lessons From Seasoned Litigators, National Business Institute, 2008
- Networking in the Social Media Age: Do’s, Don’t’s and Do I Have To?, Presented to South Texas College of Law, March 2016