Lino Mendiola, III
Partner
Lino practices complex commercial litigation and public law. After clerking for Chief Justice Tom Phillips of the Texas Supreme Court, Lino developed his practice in energy litigation, administrative law and public procurement law. Lino is the lead outside lawyer on diversity and public contracting matters for various clients and regularly advises municipalities, counties, transportation authorities and other public entities on procurement matters. Lino represents clients in commercial litigation throughout Texas, with an emphasis on complex South Texas Litigation.
Representative Experience
- Currently representing a major electrical equipment supplier and scrap metal dealer in litigation in Milam County, Texas and in Harris County, Texas. The litigation includes claims of breach of contract, fraud, fraudulent inducement and tortious interference of contract.
- Currently representing one of the largest vertically integrated manufacturers and retailers of manufactured homes in the United States. The client has been sued in several South Texas jurisdictions, including both state and federal court.
- Recently won a Motion for Death Penalty Sanctions against a Plaintiff. The Plaintiffs sued for over $4,000,000. After an evidentiary hearing on the motion for sanctions, the trial court ordered the Plaintiffs’ pleadings to be stricken and ordered payment of $625,000 to the Defendant.
- Represented a major industrial consumer of power against a claim of breach of contract after the customer switched suppliers.
- Represented a city in a constitutional challenge of its affirmative action program.
In addition, Lino spends a significant amount of his practice in appellate proceedings. Lino regularly briefs and argues appeals and special writs before the Supreme Court of Texas and other courts of appeals. He has submitted over 60 appellate court briefs and has extensive experience arguing matters before the appellate courts in Texas. Click here to view Lino argue in front of the Supreme Court of Texas in November, 2009.
Representative Reported Appellate Cases:
- CenterPoint Energy Houston Elec., LLC v. Gulf Coast Coalition of Cities, 263 S.W. 3d 448 (Tex.App.-Austin Jul 25, 2008)
- AEP Texas Cent. Co. v. Public Utility Com’n of Texas, 258 S.W.3d 272 (Tex.App.-Austin Jun 27, 2008)
- State v. Public Utility Com’n of Texas, 246 S.W.3d 324 (Tex.App.-Austin Jan 25, 2008)
- Nucor Steel v. Public Utility Com’n of Texas, 168 S.W.3d 260 (Tex.App.-Austin Jun 23, 2005)
- Reliant Energy, Inc., v. Public Utility Com’n of Texas, 153 S.W.3d 174 (Tex.App.-Austin Dec 16, 2004)
- CenterPoint Energy, Inc., v. Public Utility Com’n of Texas, 143 S.W.3d 81 (Tex. Sep 03, 2004)
- Reliant Energy, Inc., v. Public Utility Com’n of Texas, 101 S.W.3d 129 (Tex.App-Austin Feb 06, 2003)
- City of Corpus Christi v. Public Utility Com’n of Texas, 51 S.W.3d 231 (Tex. Jun 06, 2001)
- TXU Elec. Co. v. Public Utility Com’n of Texas, 51 S.W.3d 275 (Tex. Jun 06, 2001)
Publications
- "The Erosion of Traditional Ratemaking Through the Use of Special Rates, Riders, and Other Mechanisms" 10 Texas Tech Ad. L.J. 173 (2009)
- "Buying Power—A Guide to the Competitive Electricity Market in Texas" Texas Business Review (October 1, 2001)
- "Affirmative Action: Crafting a Challenge Proof Program" American City and County (August 1, 1999)
Events
- "9th Annual Texas LEAD" (August 26, 2011)
- "Constitutional Considerations in Affirmative Action" (January 13, 2009)
- "Constitutional Underpinnings of Administrative Law and the Mechanics of the Contested Case" (January 21, 2005)
- "How to Try the Complex Administrative Case" (July 29, 2004)
Professional Recognition
Lino has been named a Texas Super Lawyer by Texas Monthly magazine since 2008. Lino has been listed in Best Lawyers in America in the field of Energy Law since 2007. Lino has been listed in Best Lawyers in America in the field of Administrative Law since 2009. In 2011, Lino was profiled as one of the leading Electricity (State Regulatory and Litigation) lawyers in Texas in Chambers USA: America's Leading Business Lawyers.
Lino serves as Co-Chair of the firm’s Diversity Committee and is a long-time member of the Hispanic Bar Association of Austin, previously serving as president of that organization.
In 2010, Lino received the Texas Diversity Council's Multicultural Leadership Award.
Lino is currently on the Executive Committee of A Legacy of Giving, a non-profit focusing on youth philanthropy under the auspices of the Austin Community Foundation.
Lino is committed to pro bono legal service and community service, and he has been a member of the pro bono college, providing free legal services to disadvantaged members of the local Latino community.
When not practicing law or writing, Lino enjoys reading, running, hiking and spending time with his family.
Stay connected with Lino via Facebook at www.facebook.com/linomendiola
