Who We Are
Marks Balette Giessel & Young is a nationally recognized litigation firm focused on the trial of complex, high-stakes civil cases.
Our Core Philosophy
Although Marks Balette Giessel & Young does not restrict the geographic location of the cases it accepts, it does limit the number of cases it handles. We are not a high volume law firm. We purposely limit our caseload to a select number of catastrophic injury, wrongful death and disastrous loss cases.
Our selectivity is rooted in the belief that each case we accept requires a level of attention, legal experience and resource commitment, which cannot be achieved in a high volume law practice. We believe that a practice premised on high case intake and quick insurance settlement is not compatible with the interest of our clients nor our concern for promoting higher quality care in long-term care facilities or improvements in public safety.
Our Values
Exceptional Service and Selectivity
The interest of our clients is paramount in how we navigate our case work. Showcasing our values through hard work and dedication to achieve the desired result for our client and their family.
Empowerment Through Experience
Using our knowledge and experience to empower the voices of those who cannot speak for themselves. Improving quality care in long-term care facilities by holding them accountable for their actions.
Public Impact
Pressuring the entire industry to adopt better laws, care practices and standards to improve the lives of the elderly in nursing homes and assisted living facilities. Creating lasting change that will benefit the entire public – to help prevent future abuse and neglect.
Our Background, Experience, and Accomplishments
Our intense and unremitting approach to litigation in conjunction with our trial experience and record for winning big cases are defining characteristics of Marks Balette Giessel & Young. David Marks, founder of the firm, is regarded as a pioneer in the field of nursing home litigation and is nationally recognized in this area of practice. Mr. Marks has lectured across the country and written extensively on the subject of trial strategy, jury arguments, and the prosecution of nursing home abuse and neglect cases. Our record of success also derives from the fact that we understand how our adversaries think. Two of our lawyers, Henry Giessel and Jacques Balette, had distinguished careers as defense attorneys before joining the firm. Mr. Giessel has been honored by the Texas Lawyer for his accomplishments as a trial lawyer for over four decades, being named one of the Legal Legends of the Texas Bar. Mr. Balette served as an adjunct professor of law for trial advocacy for over six years at the South Texas College of Law in Houston, Texas and has lectured both law students and lawyers on trial strategies and tactics.
Our Concern for Public Issues
Not only does Marks Balette Giessel & Young have a long record of winning significant cases, it is also dedicated to improving the quality of care for nursing home residents and protecting public health and safety. The firm’s advocacy inside and outside of the courtroom have resulted in the adoption and implementation of significant remedial measures by long-term care facilities designed to protect residents from future harm. Members of the firm have testified before Congress, state legislative bodies and other venues in order to protect and promote public health and safety. To learn more about our activities click here.
Some Our Success Stories
The firm’s verdict in Waites v. Beverly Enterprises Inc., et al. was recognized in Lawyers Weekly USA as the second largest verdict in the United States in 1997.
The firm’s 2006 verdict in Mendoza v. Summit Care Corp., et al. was recognized by Lawyers USA in its review of the top ten cases for the year as the second largest personal injury verdict in the United States, and the third largest nursing home verdict in U.S. history.
The firm’s 2009 arbitration award was recognized in CD Publications’ Aging News Alert.
As trial counsel for the Creditor’s Committee for Senior Living Properties (SLP), a bankrupt nursing home chain, the firm prosecuted a complex case against Zurich Insurance Company (Zurich) to establish that Zurich was a partner of SLP in the ownership and operation of 87 nursing homes and was, therefore, legally responsible for the massive unpaid debt of the chain. Zurich claimed it only provided a surety bond for the payment of SLP’s mortgage and as a result held merely a creditor-debtor relationship with SLP. The Plaintiff argued that Zurich not only was a partner sharing and controlling operations, but it also engaged in a sophisticated scheme to disguise the true nature of its relationship with SLP. After a six week trial, the Chief Bankruptcy Judge for the Northern District agreed with the Plaintiff, holding in a precedent setting decision that Zurich was the partner of SLP and liable for all of SLP’s debts.
And in 2009, according to Verdict Search, Marks, Balette & Giessel’s recovery in Goodson v. Luminant represented the largest settlement ever reported in the United States in a products liability case involving quadriplegic injury.
Our Team
David Hill
Bio
David Hill is one of only 3% of the lawyers in Texas that is Board Certified in Personal Injury Trial Law by the Texas Board of Legal Specialization and has been certified since 1991. He has spent his entire career representing injured people and NOT insurance companies. David Hill has represented hundreds of clients for over 30 years in cases involving personal injury, products liability, nursing home abuse and neglect, car accidents, truck wrecks, family law, business disputes, will contests, oil and gas disputes, and other types of general litigation.
Read more at: www.tbls.org, www.texasbar.com, http://www.davidhillfirm.com/
Law Office of David Hill
128B S Main St
Henderson, TX 75654-3558
County: RUSK
Phone: 903-657-4100
Professional Contributions
- Texas Board of Legal Specialization Certification: 1991 Personal Injury Trial Law
- State Bar of Texas Licensed: May 15, 1981
Education
Brent L. Moss
Bio
After graduating from law school, Mr. Moss worked for the Prosecutor’s Office in Little Rock, Arkansas before working in a Mid-South law firm where he defended white collar criminal matters along with physician’s, hospitals and nursing homes. Mr. Moss was then recruited by Beverly Enterprises, Inc. (“Beverly”) to serve as the Senior Litigation Counsel where he defended, coordinated and managed cases across the country against Beverly in the areas of patient liability, premises liability and commercial liability. Before returning to private practice, Mr. Moss served as Senior Medicaid Fraud Counsel in the Medicaid Fraud Control Unit of the Arkansas Attorney General’s Office where he focused on prosecuting nursing homes engaged in deceptive trade practices at the expense of elderly residents and State of Arkansas. Mr. Moss also worked for McNulty Law Firm in Bel Air, California where he devoted his practice to representing seriously injured persons in the areas of birth defects, physician negligence, nursing home abuse and neglect, product liability and premises liability. For 14 years, Mr. Moss worked at Reddick Moss, PLLC where as a partner, he handled nursing home, motor vehicle accident, physician negligence, medical malpractice, nursing home negligence, and assisted living negligence cases in Arkansas, Arizona, California, Colorado, Kentucky, New Mexico, Oklahoma, Pennsylvania while working from Denver, Colorado.
Mr. Moss’ extensive experience includes many multi-million dollar verdicts and settlements on behalf of his clients across the country. He holds what is believed to be the largest nursing home and abuse jury verdicts in the history of Pueblo, Pueblo County, Colorado that were obtained in 2014 and 2016.
Mr. Moss has been a frequent lecturer to legal societies and bar associations including American Trial Lawyer’s Association, Arkansas Bar Association and Defense Research Institute.
Mr. Moss is AV rated by Martindale-Hubbell, its highest rating and one that is given to lawyers based upon peer-to-peer feedback in relation to preeminent legal ability and ethical standards. Mr. Moss has been recognized by many other professional organizations for his legal work and ability.
Mr. Moss is an active member of the American Association for Justice, Arkansas Trial Lawyers Association, Colorado Trial Lawyers Association, and Kentucky Justice Association.
Bar Associations
Arizona
Arkansas
California
Colorado
Kentucky
Oklahoma
New Mexico
New York
Pennsylvania
Tennessee
Texas
West Virginia
Wyoming
Professional Associations
Kentucky Justice Association
Arkansas Trial Lawyers Association
Colorado Trial Lawyers Association
American Association for Justice
Classes & Seminars
Lecturer to legal societies and bar associations including American Trial Lawyers Association, Arkansas Bar Assiociation, and Defense Research Institue
Current Position
Partner
Practice Areas
Tractor Trailer
Catastrophic Injury
Wrongful Death
Birth Defects
Physician Neglegence
Nursing Home Abuse and Neglect
Product Liability
Premises Liability
Honors
AV rated by Martindale-Hubbell
Super Lawyer
Multi Million and Million Dollar Advocates Forum
The National Trial Lawyers Top 100 Trial Lawyers
The National Trial Lawyers Top 100 Lawyers – Civil Plantiff
Nursing Home Trial Lawyers – Top 10
The National Trial Lawyers
Best Lawyers of America
Henry Giessel
Biography
Henry Giessel has been repeatedly honored for his expertise in litigation. In the June 2000 he was recognized as one of the Legal Legends of the Texas Bar in a Special Commemorative Edition of Texas Lawyer.
(Click here to see the article)
Henry P. Giessel, born in Germany, July 30, 1927; admitted to the State Bar of Texas, 1950. Hank, as he is known to his friends, graduated from the University of Texas Law School (L.L.B. 1950) where he was editor of the University of Texas Law Review. For over four decades, he has distinguished himself as a trial lawyer not only in Texas, but also across the country. Recently, he participated as trial and appellate counsel for the Plaintiff in Mendoza v. Summit Care where the jury returned the 2nd largest nursing home verdict in U.S. history. A list of notable cases where Hank has served as both trial and appellate counsel is included below. His recognition as a “Legal Legend” in the state of Texas is a reflection of his accomplishments in the courtroom.
Not only has Henry been at the forefront of changing tort law through the numerous cases he has argued before Appellate Courts, he has frequently served as an adjunct Professor at the University of Houston Law School. Henry’s counsel and litigation abilities are an integral part of this firm.
Professional Background
SHAREHOLDER, Marks, Balette, Giessel & Young, P.L.L.C., January 2016 to present
SHAREHOLDER, Marks, Balette, & Giessel, P.C., February 2005 to December 2015
OF COUNSEL, The Marks Firm, July 1998 to February 2005
FOUNDER & DIRECTOR, Giessel, Barker, Lyman, 1952 to July 1998 (formerly Talbert & Giessel, Talbert, Giessel & Stone, Giessel & Stone, Giessel, Stone Barker & Lyman)
ASSOCIATE, Law Offices of George Red, 1950-1952
Education
University of Texas, School of Law, L.L.B. 1950
Quizmaster, Order of The Coif
Admitted to the Bar 1949
Professional Contributions
PAST PRESIDENT, American Board of Trial Advocates, Houston Chapter
ADJUNCT PROFESSOR, University of Houston, School of Law, 1975 to 1979
MEMBER, Houston Bar Association, 1970 to present
LECTURER, Texas Judicial Conference, 1966
Notable Verdicts and Settlements
Mendoza v. Summit Care Corp., et al. (02/22/2006)
View Article
Senior Living Properties, LLC v. Zurich (04/22/2004)
Bailey v. Senior Living Properties, LLC, et al. (07/23/2003)
View Article
Larson v. Mariner Post-Acute Network, Inc., et al. (10/14/2005)
View Article
Hollins v. Cleaver Memorial Convalescent Center, et al. (11/26/2002)
View Article
David v. Heartway Corporation, et al. ((12/06/1999)
View Article
Gross v. Horizons/CMS Healthcare Corporation (9/13/1999)
View Article
Reed v. Senior Living Properties, LLC, et al. (07/23/2003)
View Article
Pyle v. Telesis/Walnut Place Nursing Home, Inc. (04/19/1999)
View Article
Moore v. Confidential Defendants (12/08/2003)
Lowe v. Summit Care-Texas, Inc. (07/01/2004)
Hughes v. Senior Living Properties, LLC, et al. (07/23/2003)
Parks v. Southwood Nursing Home (02/19/2003)
Smith v. Senior Living Services, Inc., et al. (07/23/2003)
Tenczynski v. Nissi Care Homes, et al. (05/12/2003)
Other Notable Cases
Casas v. Paradez, 267 S.W.3d 170 (Tex. App.-San Antonio, 2008)
Heritage Housing Development, Inc. v. Carr, 199 S.W.3d 560 (Tex. App.-Houston [1st Dist.], 2006)
View Article
In Re Gladewater Healthcare Center, 2009 WL 454352 (Tex. App.-Texarkana)
In Re Gladewater Healthcare Center, 2009 WL 454355 (Tex. App.-Texarkana)
Amwest Sav. Ass’n v. Statewide Capital, Inc., 144 F.3d 885 (5th Cir. 1998)
Benavidez v. Anheuser Busch, Inc., 873 F.2d 102 (5th Cir. 1989)
Continental Cas. Co. v. Hall, 761 S.W.2d 54 (Tex. App. -Houston [14th Dist.], 1988)
Swain v. Johnson, 750 S.W.2d 343 (Tex. App. -Beaumont, 1988)
Kelley v. Atlantic Gulf Stevedores, Inc., 681 S.W.2d 275 (Tex. App. -Houston [14th Dist.], 1984)
General Motors Corp. v. Grizzle, 642 S.W.2d 837 (Tex. App. -Waco, 1982)
Union Carbide Corp. v. Burton, 618 S.W.2d 610 (Tex. App. -Houston [14th Dist.], 1981)
Publications
“Why Institutions Lose Lawsuits (And Why They Might Deserve To),” Memorial Hermann Hospital System, Pressure Ulcers and the Law, Houston, Texas, August 2008.
“Deconstructing A Landmark Resident-on-Resident Abuse Nursing Home Case Against Summit Care Corp.,” Memphis, Tennessee, October 2006.
“Litigating Pressure Sore Cases,” Tennessee Trial Lawyers Association, Houston, Texas, August 2002.
“Ten Guidelines for Nursing Home Litigators In Bankruptcy Cases,” State Bar of Texas Nursing Home Liability CLE Presentation, Dallas, Texas, November 2002.
“10 Principles of Prosecuting a Pressure Sore Case,” Association of Trial Lawyers of America, Phoenix, Arizona, October 2001.
“Key Areas of Financial Accountability & Compliance,” National Citizens Coalition of Nursing Home Reform, October 2001.
“Closing Arguments: Punitive Damages,” Mealey Publications, January 25, 2001.
“Fundamentals of Nursing Home Litigation,” Andrews Publications, November 2000.
“Corporate Neglect and Quality of Care in Nursing Homes,” National Association of Medicaid Fraud Control Units, Austin, Texas, April 2000.
“Pursuing Abuse and Neglect Cases Against Chains, Individual Facilities and Individuals,” U.S. Department of Justice, Nursing Home Abuse And Neglect Prevention Conference, February 2000.
“Investigating and Pursuing Nursing Home Quality of Care Cases,” U.S. Department of Justice, October 26-27, 1999.
“Nursing Home Liability: Why The Public Refuses To Tolerate Preventable Nursing Home Injury and Neglect,” Michigan Trial Lawyers Association, Nursing Home Liability Seminar, October 14, 1999.
“The Dorothy System: Tracking Nursing Home Staff Who Abuse Patients,” Sexual Assault Report, July/August 1998.
“New Issues in Litigating Nursing Home Cases,” Texas Trial Lawyers Association, May 1998.
“Old and New Issues in Litigating Nursing Home Cases,” State Bar of Texas, Advanced Medical Malpractice Course, March 13-14, 1997.
“Red Flag Indicators of Neglect and Abuse in Nursing Homes – A Litigator’s Perspective,” Harris County Department of Social Services, October 10, 1996.
“Neglect in Nursing Homes,” TRIAL, February 1996.
“Liability of Hospitals and Other Health Care Providers for Their Failure to Report the Abuse, Neglect or Exploitation of Nursing Home Residents,” Association of Trial Lawyers of America, 1996.
“Litigating Cases Involving Pressure Sores to Improve Care,” Houston Bar Association, Elder Law Institute, April 1995.
“Recognizing and Combating Standard Defenses in a Nursing Home Case,” Association of Trial Lawyers of America, July 23-27, 1994.
“Maximizing Recovery of Actual Damages,” Association of Trial Lawyers of America, August 1-5, 1993.
“To Sue or Not To Sue: The Decisional Process of a Lawyer,” 86th Annual Scientific Assembly of the Southern Medical Association, November 12-15, 1992.
“Damages Voir Dire in Nursing Home Cases,” Texas Trial Lawyers Association, Voir Dire Seminar, December 5-6, 1991.
“What the Hearsay Rule Really Means,” State Bar of Texas, Advanced Evidence and Discovery Course, November 1991.
“Nursing Home Litigation: Personal Injury & Medical Malpractice,” American Trial Lawyers Association, Toronto, Canada, July 21-25, 1991.
“To Sue or Not to Sue: The Decisional Process of a Lawyer,” Association of Trial Lawyers of America Winter Convention, 1991.
“Pleading and Discovery Strategies in the Nursing Home Malpractice Case,” Southern Trial Lawyers of America Winter Convention, 1991.
“Verdict and Settlement Expectancy in a Nursing Home Maltreatment Case,” Association of Trial Lawyers of America Winter Convention, 1990.
“The Missing Link: The Nexus Between Corporate Policy and Wrongful Death,” American Academy of Forensic Sciences 41st Annual Proceedings, February 1989.
“Identifying and Attacking Improper Answers to Request for Admissions,” State Bar of Texas, Advanced Evidence And Discovery Course, November 1989.
“A Challenge for Health Care Professionals: Legal-Medical Issues,” Texas Tech University School of Nursing, 1988.
“Medical-Legal Implications of Nutritional Support, Nutrition and Aging III Symposium,” University of Arkansas School of Medicine And John L. McClellan Memorial Veterans Hospital, September 1987.
“Strategies for Decreasing Legal Risks and Hazards,” University of Texas at Austin School of Nursing, September 1987.
“Accountability for the Gerontological Nurse: A Legal Doomsday or an Opportunity for Increased Autonomy?” Journal of Gerontological Nursing 13:26, March, 1987.
“Trial of a Nursing Home Neglect Case,” Medicaid Fraud Source Book, National Medicaid Fraud Training Conference, 1986.
“Corporate Criminal Liability,” National College of District Attorneys Executive Prosecutors Manual, 1986.
“Utilization of Analytical Matrix Configurations to Measure Care Potentials: A System for Evaluating Quality of Care in the Long Term Facility,” Special Committee on Aging, United States Senate Ninety-Eighth Congress, 1983.
“Quality Assurance Under Prospective Reimbursement Program,” Special Committee on Aging, United States Senate, Ninety-Eighth Congress, 1983.
David T. Marks
Biography
David T. Marks has practiced law for over three decades. Widely recognized for his courtroom and advocacy skills, he has served as trial counsel in some of the largest verdicts in the United States arising out of the wrongful death or catastrophic injury of a nursing home resident. By reason of his record of success, David frequently receives requests from across the country to teach and educate practicing attorneys, as well as health care professionals on the subjects of trial advocacy and issues impacting the health and safety of the elderly. He has served as invited faculty for the American Academy of Forensic Science; the United States Department of Justice; the Association of Trial Lawyers of America; the Southern Trial Lawyers of America; the American Association for Justice; the National College of District Attorneys; the University of Arkansas School of Medicine; the University of Texas School of Nursing; Texas Tech School of Nursing; State Bar of Texas, the National Association of Medicaid Fraud Examiners; and various state trial lawyers’ associations.
David’s legal career was shaped by his service as a special prosecutor in the highly publicized murder case of State of Texas v. Autumn Hills Convalescent Center, Inc. In 1979, as a young criminal district attorney working for the State of Texas, he inherited a file which introduced him to the subject of nursing home abuse and neglect. The file would ultimately take the next seven years of his professional career, pitting him against the top defense lawyers in the State, in the first case in the United States charging a corporation with the crime of murder by omission.
The eight month jury trial against Autumn Hills Convalescent Center, Inc. revolved around the widespread care deprivation and harm caused by a corporation’s financial decision to cut essential services and supplies in order to maximize its profits. Not only did this case leave David with an understanding of the human cost of corporate irresponsibility and unbridled greed, but it also left him with a deep sense of the need for public advocacy to address this serious issue.
In this regard, David has been involved in legislative efforts to correct inadequate enforcement of nursing home regulations for more than 20 years. He has testified as an expert witness before the U.S. Senate Committee on Aging and the Health and Human Resource Committee, Texas House of Representatives. Further, he has also served on the Sub-Committee on Nursing Home Regulation and Enforcement; Institute of Medicine, and the National Academy of Science. After requiring the largest nursing home operator in the state of Texas, as a condition of the settlement of a case involving the rape of a resident, to maintain on a continuing basis a corporate registry of all employees who were terminated for abuse or neglect which barred such individuals from reemployment at any sister facility within the chain, David advocated the extension of this system to all nursing home residents in Texas. More particularly, he assisted in the drafting and supported the passage of House Bill 3386 that was designed to correct a problem in the regulatory system that allowed a known felon with a history of abuse to slip through the state’s criminal history screening process. David’s efforts in the name of and on behalf of his client assisted in closing a loophole which allowed know abusers with felony records to have access to helpless nursing home residents.
In 2005, the National Citizens Coalition for Nursing Home Reform (NCCNHR) honored David with its Special Appreciation Award for his effective promotion of residents’ rights and in supporting NCCNHR’s national advocacy in improving accountability and quality in nursing homes.
Professional Background
CHAIRMAN AND CO-FOUNDER
Marks, Balette, Giessel & Young, P.L.L.C.
January 2016 to present
CHAIRMAN AND CO-FOUNDER
Marks, Balette, & Giessel, P.C.
February 2005 to December 2015
PRESIDENT AND FOUNDER
The Marks Firm
March 1997 – January 2005;
PARTNER, Crowley, Marks & Douglas, January, 1992 to February 1997; Marks, Crowley & Waltman, October 1990 to December 1991;
PRIVATE PRACTICE, October 1989 to 1990;
SENIOR ATTORNEY, Office of the Attorney General, State of Texas, Deceptive Trade Practice Consumer Protection Division, 1986 to September, 1989;
SPECIAL PROSECUTOR, State of Texas v. Autumn Hills Convalescent Center, Inc., et al, Office of the Attorney General, State of Texas, 1983 to 1986;
PROSECUTING ATTORNEY, Office of the District Attorney, Galveston County, Texas, 1979 to 1982;
PRIVATE PRACTICE, 1978 to 1979.
Education
South Texas College of Law, Houston, Texas, J.D. (December 1977)
University of Texas, Austin, Texas, B.A. (December 1974)
Professional Contributions
CHAIRMAN: Nursing Home Litigation Group, Association of Trial Lawyers of America (1991 to 1994)
EDITOR: Annual Survey of Nursing Home Verdicts and Settlements, Association of Trial Lawyers of America, July 1993 and July 1996
DIRECTOR: Texas Trial Lawyers Association (1997 to present)
ASSOCIATE DIRECTOR: Texas Trial Lawyers Association (1992 to 1997)
MEMBER: Sub-Committee on Nursing Home Regulation and Enforcement (1984 to
1985); Institute Of Medicine, National Academy Of Science, Washington, D.C.; Medical
Malpractice Committee, Texas Trial Lawyers Association (1992-1994); Discovery Abuse
Committee, Association of Trial Lawyers of America ( 1992-1994)
INVITED FACULTY: American Academy of Forensic Sciences 41st Annual Proceedings, February 1989; U.S. Department of Justice, Nursing Home Abuse and Neglect Prevention Conference, 2000; State Bar of Texas Advanced Medical Malpractice Course, March 1997; Texas Trial Lawyers Association, Today’s Lawyer, May 1998; Southern Methodist University Medical Liability Seminar, 1994; Southern Medical Association, To Sue Or Not To Sue, November 1992; National Medicaid Fraud Training Conference, Trial of a Nursing Home Neglect Case, 1986; State Bar of Texas Advanced Discovery Course, November 9-10, 1991; Southern Trial Lawyers of America, Pleading and Discovery Strategies in the Nursing Home Malpractice Case, 1991; National College of District Attorneys, Corporate Criminal Liability, 1986; Association of Trial Lawyers of America, Winter Convention 1990; Michigan Trial Lawyers Association, Nursing Home Liability Seminar, 1999; University of Arkansas School of Medicine and John L. McClellan Memorial Veterans Hospital; Medical-Legal Implications of Nutritional Support, Nutrition and Aging III Symposium September 1987; University of Texas at Austin School of Nursing September 1987; Texas Tech University School of Nursing 1988; St. Vincent’s Medical Center: Department of Continuing Health Education August 1987; Sandoz Nutrition Corporation, Clinical Products Division Symposium; and Memorial Hermann Hospital System, Pressure Ulcers and the Law seminar, 2008.
EXPERT WITNESS: Special Committee on Aging, United States Senate, Ninety-Eighth Congress, (1983); Health and Human Resource Committee, Texas House of Representatives (1996); Human Resource Committee, Texas House of Representatives (1999)
Notable Verdicts and Settlements
Mendoza v. Summit Care Corp., et al. (02/22/2006)
View Article
Waites v. Beverly Enterprises, Inc., et al. (12/08/1997)
View Article
Goodson v. Luminant, et al. (08/03/2009)
View Article
Bailey v. Senior Living Properties, LLC, et al. (07/23/2003)
View Article
Harper v. Tabor (07/27/1998)
Lawaun Ayers vs South OKC Nursing Facility. (10/28/2011)
View Article
Larson v. Mariner Post-Acute Network, Inc., et al. (10/14/2005)
View Article
Carr v. Heritage Housing Development, Inc., et al. (10/20/2003)
View Article
Taylor v. Four Seasons Nursing Center, Inc. (11/23/1998)
Hollins v. Cleaver Memorial Convalescent Center, et al. (11/26/2002)
View Article
David v. Heartway Corporation, et al. (12/06/1999)
View Article
Gross v. Horizons/CMS Healthcare Corporation (9/13/1999)
View Article
Cooper v. Texas Health Enterprises, Inc. (03/30/1998)
View Article
Reed v. Senior Living Properties, LLC, et al. (07/23/2003)
View Article
Pyle v. Telesis/Walnut Place Nursing Home, Inc. (04/19/1999)
View Article
Moore v. Confidential Defendants (12/08/2003)
Lowe v. Summit Care-Texas, Inc. (07/01/2004)
Hughes v. Senior Living Properties, LLC, et al. (07/23/2003)
Parks v. Southwood Nursing Home (02/19/2003)
Smith v. Senior Living Services, Inc., et al. (07/23/2003)
Tenczynski v. Nissi Care Homes, et al. (05/12/2003)
For more information about these cases, click on Our Results.
Other Notable Cases
In Re Gladewater Healthcare Center, 2009 WL 454352 (Tex. App.-Texarkana)
In Re Gladewater Healthcare Center, 2009 WL 454355 (Tex. App.-Texarkana)
Casas v. Paradez, 267 S.W.3d 170 (Tex. App.-San Antonio, 2008)
In Re: Living Centers of Texas, Inc., 2007 WL 3404619 (Tex. App.-Texarkana)
In Re: Crest Care Nursing and Rehabilitation Center, 222 S.W.3d 68 (Tex. App.-Tyler, 2006)
In Re: Living Centers of Texas, Inc., 2005 WL 1621929 (Tex. App.-Houston [14th Dist])
In Re: Living Centers of Texas, Inc., 2007 WL 3404619 (Tex. App.-Texarkana)
In Re: Senior Living Properties, L.L.C., 309 B.R. 223 (Bkrtcy. N.D. Tex. 2004)
In Re: Highland Pines Nursing Home, Ltd., 2003 WL 22682356 (Tex. App. -Tyler)
In Re: Senior Living Properties, L.L.C., 63 S.W.3d 594 (Tex. App. -Tyler, 2002)
Publications
“Why Institutions Lose Lawsuits (And Why They Might Deserve To),” Memorial Hermann Hospital System, Pressure Ulcers and the Law, Houston, Texas, August 2008.
“Deconstructing A Landmark Resident-on-Resident Abuse Nursing Home Case Against Summit Care Corp.,” Memphis, Tennessee, October 2006.
“Litigating Pressure Sore Cases,” Tennessee Trial Lawyers Association, Houston, Texas, August 2002.
“Ten Guidelines for Nursing Home Litigators In Bankruptcy Cases,” State Bar of Texas Nursing Home Liability CLE Presentation, Dallas, Texas, November 2002.
“10 Principles of Prosecuting a Pressure Sore Case,” Association of Trial Lawyers of America, Phoenix, Arizona, October 2001.
“Key Areas of Financial Accountability & Compliance,” National Citizens Coalition of Nursing Home Reform, October 2001.
“Closing Arguments: Punitive Damages,” Mealey Publications, January 25, 2001.
“Fundamentals of Nursing Home Litigation,” Andrews Publications, November 2000.
“Corporate Neglect and Quality of Care in Nursing Homes,” National Association of Medicaid Fraud Control Units, Austin, Texas, April 2000.
“Pursuing Abuse and Neglect Cases Against Chains, Individual Facilities and Individuals,” U.S. Department of Justice, Nursing Home Abuse And Neglect Prevention Conference, February 2000.
“Investigating and Pursuing Nursing Home Quality of Care Cases,” U.S. Department of Justice, October 26-27, 1999.
“Nursing Home Liability: Why The Public Refuses To Tolerate Preventable Nursing Home Injury and Neglect,” Michigan Trial Lawyers Association, Nursing Home Liability Seminar, October 14, 1999.
“The Dorothy System: Tracking Nursing Home Staff Who Abuse Patients,” Sexual Assault Report, July/August 1998.
“New Issues in Litigating Nursing Home Cases,” Texas Trial Lawyers Association, May 1998.
“Old and New Issues in Litigating Nursing Home Cases,” State Bar of Texas, Advanced Medical Malpractice Course, March 13-14, 1997.
“Red Flag Indicators of Neglect and Abuse in Nursing Homes – A Litigator’s Perspective,” Harris County Department of Social Services, October 10, 1996.
“Neglect in Nursing Homes,” TRIAL, February 1996.
“Liability of Hospitals and Other Health Care Providers for Their Failure to Report the Abuse, Neglect or Exploitation of Nursing Home Residents,” Association of Trial Lawyers of America, 1996.
“Litigating Cases Involving Pressure Sores to Improve Care,” Houston Bar Association, Elder Law Institute, April 1995.
“Recognizing and Combating Standard Defenses in a Nursing Home Case,” Association of Trial Lawyers of America, July 23-27, 1994.
“Maximizing Recovery of Actual Damages,” Association of Trial Lawyers of America, August 1-5, 1993.
“To Sue or Not To Sue: The Decisional Process of a Lawyer,” 86th Annual Scientific Assembly of the Southern Medical Association, November 12-15, 1992.
“Damages Voir Dire in Nursing Home Cases,” Texas Trial Lawyers Association, Voir Dire Seminar, December 5-6, 1991.
“What the Hearsay Rule Really Means,” State Bar of Texas, Advanced Evidence and Discovery Course, November 1991.
“Nursing Home Litigation: Personal Injury & Medical Malpractice,” American Trial Lawyers Association, Toronto, Canada, July 21-25, 1991.
“To Sue or Not to Sue: The Decisional Process of a Lawyer,” Association of Trial Lawyers of America Winter Convention, 1991.
“Pleading and Discovery Strategies in the Nursing Home Malpractice Case,” Southern Trial Lawyers of America Winter Convention, 1991.
“Verdict and Settlement Expectancy in a Nursing Home Maltreatment Case,” Association of Trial Lawyers of America Winter Convention, 1990.
“The Missing Link: The Nexus Between Corporate Policy and Wrongful Death,” American Academy of Forensic Sciences 41st Annual Proceedings, February 1989.
“Identifying and Attacking Improper Answers to Request for Admissions,” State Bar of Texas, Advanced Evidence And Discovery Course, November 1989.
“A Challenge for Health Care Professionals: Legal-Medical Issues,” Texas Tech University School of Nursing, 1988.
“Medical-Legal Implications of Nutritional Support, Nutrition and Aging III Symposium,” University of Arkansas School of Medicine And John L. McClellan Memorial Veterans Hospital, September 1987.
“Strategies for Decreasing Legal Risks and Hazards,” University of Texas at Austin School of Nursing, September 1987.
“Accountability for the Gerontological Nurse: A Legal Doomsday or an Opportunity for Increased Autonomy?” Journal of Gerontological Nursing 13:26, March, 1987.
“Trial of a Nursing Home Neglect Case,” Medicaid Fraud Source Book, National Medicaid Fraud Training Conference, 1986.
“Corporate Criminal Liability,” National College of District Attorneys Executive Prosecutors Manual, 1986.
“Utilization of Analytical Matrix Configurations to Measure Care Potentials: A System for Evaluating Quality of Care in the Long Term Facility,” Special Committee on Aging, United States Senate Ninety-Eighth Congress, 1983.
“Quality Assurance Under Prospective Reimbursement Program,” Special Committee on Aging, United States Senate, Ninety-Eighth Congress, 1983.
Jacques G. Balette
Biography
Jacques G. Balette is a co-founder of Marks Balette Giessel & Young and has dedicated his professional practice to helping those who have been catastrophically injured. Jacques’ experience and reputation has allowed him to represent clients in complex cases in more than fifteen different states and in over 120 different counties across the country.
Jacques’ commitment, preparation and trial skills have produced some of the largest verdicts and settlements in the United States. His distinguished track record of success for his clients in nursing home malpractice cases, medical malpractice cases, tractor-trailer collisions, product liability cases and breach of partnership cases has been consistently recognized by his peers in the legal profession. Jacques has been recognized by Thompson Reuters as a Top RatedMedical Malpractice Attorney and Texas Rising Star in 2006, 2008, 2009, 2010 and 2011 and a Texas Super Lawyer in 2013 and 2014. Moreover, Jacques has been recognized by The National Trial Lawyers as a “Top 40 Under 40” Trial Lawyer as well as a “Top 100” Trial Lawyer. Jacques’ peer review rating by Martindale Hubble is AV Preeminent 5 out of 5.
Jacques was trained in courtroom advocacy by the prestigious Trial Advocacy Program at South Texas College of Law in Houston, Texas. There, he was a member of the Order of Barristers, Chairman of the Board of Advocates, and received the Dean’s Outstanding Student Advocate Award. After graduating from law school, Jacques worked for the first five years of his career as an insurance defense lawyer. This experience provided him valuable insight into the workings of the nursing home and insurance industries. Between 1997 and 2004, while practicing law full-time, Jacques served as an adjunct professor for the Trial Advocacy Program at South Texas College of Law where he lectured and trained students on courtroom advocacy.
Jacques practices out of both the Houston and Lexington offices.
Professional Background
SHAREHOLDER AND CO-FOUNDER
Marks, Balette, Giessel & Young, P.L.L.C.
January 2016 to present
SHAREHOLDER AND CO-FOUNDER
Marks, Balette, & Giessel, P.C. .
February 2005 to December 2015
SHAREHOLDER
The Marks Firm
February 2002 – January 2005
ASSOCIATE, Ware, Snow, Fogel & Jackson, July 1999 – January 2002
ASSOCIATE, Carlson, Smith & Rymer, July 1998 – July 1999
ASSOCIATE, McLeod, Alexander, Powel & Apffel, May 1997 – July 1998
Admissions
Texas, 1997
Tennessee, 2006
Kentucky, 2007
Oklahoma, 2009
North Carolina, 2010
Arkansas, 2013
Georgia, 2017
New Mexico 2021
U.S. District Court, Southern District of Texas
U.S. District Court, Eastern District of Texas
U.S. District Court, Western District of Tennessee
U.S. District Court, Middle District of Tennessee
U.S. District Court, Western District of Kentucky
Education
South Texas College of Law, J.D., December 1996
• Order of Barristers
• Chairman, Board of Advocates
• Dean’s Outstanding Student Advocate Award
Southern Methodist University, B.A., December 1993
Professional Contributions
Member, American Association of Justice
Member, Nursing Home Litigation Group of the AAJ
Member, Traumatic Brain Injury Litigation Group of the AAJ
Member, American Bar Association
Member, State Bar of Texas
Member, Texas Trial Lawyers Association
Member, Tennessee Bar Association
Member, Kentucky Bar Association
Member, Kentucky Justice Association
Member, Oklahoma Bar Association
Member, Oklahoma Association for Justice
Member, North Carolina Bar Association
Member, Arkansas Bar Association
Member, Million Dollar Advocates Forum
Adjunct Professor, South Texas College of Law, 1997 – 2004
Notable Verdicts and Settlements
Mendoza v. Summit Care Corp., et al. (02/22/2006)
View Article
Goodson v. Luminant, et al. (08/03/2009)
View Article
Bailey v. Senior Living Properties, LLC, et al. (07/23/2003)
View Article
Lawaun Ayers vs South OKC Nursing Facility. (10/28/2011)
View Article
Carr v. Heritage Housing Development, Inc., et al. (10/20/2003)
View Article
Hollins v. Cleaver Memorial Convalescent Center, et al. (11/26/2002)
View Article
Reed v. Senior Living Properties, LLC, et al. (07/23/2003)
View Article
Moore v. Confidential Defendants (12/08/2003)
Lowe v. Summit Care-Texas, Inc. (07/01/2004)
Knouse v. National Trucking Company and its driver. (04/08/2014)
Chavez v. Gardner Oil, Inc. (5/28/2010)
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Hughes v. Senior Living Properties, LLC, et al. (07/23/2003)
Parks v. Southwood Nursing Home (02/19/2003)
Smith v. Senior Living Services, Inc., et al. (07/23/2003)
Tenczynski v. Nissi Care Homes, et al. (05/12/2003)
Other Notable Cases
Brown v. Signature, 2017 WL 383440 (Ky. Ct. App. 2017)
Kolosai vs Azem, 2016 WL 541460 (Ohio Ct. of App. 2016)
Chavez v. Gardner Oil, Inc., 2012 WL 1623420 (Tex.App.-Tyler)
Casas v. Paradez, 267 S.W.3d 170 (Tex. App.—San Antonio, 2008)
Heritage Housing Development, Inc. v. Carr, 199 S.W.3d 560 (Tex. App.—Houston [1st Dist.], 2006)
Teague Nursing Home v. Wilson, 168 S.W. 3d 886 (Tex. App.—Waco, 2005)
In Re Gladewater Healthcare Center, 2009 WL 454352 (Tex. App.—Texarkana)
Mt. Holly Nursing Center v. Crowdus, 281 S.W.3d 809, 814 (Ky. Ct. App.2008)
Stanford Health & Rehabilitation Center v. Brock, 2010 WL 323274 (Ky. App.)
In Re: Living Centers of Texas, Inc., 2007 WL 3404619 (Tex. App.—Texarkana)
Lee v. Wilson, 2007 WL 1704895 (Tex. App.—Waco)
In Re: Living Centers of Texas, Inc., 2005 WL 1621929 (Tex. App.—Houston [14th Dist])
In Re: Living Centers of Texas, Inc., 2005 WL 310013 (Tex. App.—Houston [14th Dist])
Publications
“Deconstructing A Landmark Resident-on-Resident Abuse Nursing Home Case Against Summit Care Corp.,” Memphis, Tennessee, October 2006
“Discovery Do’s and Don’ts: Incorporating Case Strategies into your Discovery Plan”, Houston Legal Assistants Association (July 2003)
Lecturer “Dietary Liability: A Texas Lawyer’s Perspective,” TDA Annual Food and Nutrition Conference and Exhibition (April 2003)
Henry P. Giessel
Biography
Henry Giessel has been repeatedly honored for his expertise in litigation. In the June 2000 he was recognized as one of the Legal Legends of the Texas Bar in a Special Commemorative Edition of Texas Lawyer.
(Click here to see the article)
Henry P. Giessel, born in Germany, July 30, 1927; admitted to the State Bar of Texas, 1950. Hank, as he is known to his friends, graduated from the University of Texas Law School (L.L.B. 1950) where he was editor of the University of Texas Law Review. For over four decades, he has distinguished himself as a trial lawyer not only in Texas, but also across the country. Recently, he participated as trial and appellate counsel for the Plaintiff in Mendoza v. Summit Care where the jury returned the 2nd largest nursing home verdict in U.S. history. A list of notable cases where Hank has served as both trial and appellate counsel is included below. His recognition as a “Legal Legend” in the state of Texas is a reflection of his accomplishments in the courtroom.
Not only has Henry been at the forefront of changing tort law through the numerous cases he has argued before Appellate Courts, he has frequently served as an adjunct Professor at the University of Houston Law School. Henry’s counsel and litigation abilities are an integral part of this firm.
Professional Background
SHAREHOLDER, Marks, Balette, Giessel & Young, P.L.L.C., January 2016 to present
SHAREHOLDER, Marks, Balette, & Giessel, P.C., February 2005 to December 2015
OF COUNSEL, The Marks Firm, July 1998 to February 2005
FOUNDER & DIRECTOR, Giessel, Barker, Lyman, 1952 to July 1998 (formerly Talbert & Giessel, Talbert, Giessel & Stone, Giessel & Stone, Giessel, Stone Barker & Lyman)
ASSOCIATE, Law Offices of George Red, 1950-1952
Education
University of Texas, School of Law, L.L.B. 1950
Quizmaster, Order of The Coif
Admitted to the Bar 1949
Professional Associations
PAST PRESIDENT, American Board of Trial Advocates, Houston Chapter
ADJUNCT PROFESSOR, University of Houston, School of Law, 1975 to 1979
MEMBER, Houston Bar Association, 1970 to present
LECTURER, Texas Judicial Conference, 1966
Professional Activities
SPEAKER: Office of the Attorney General – State of Texas, Houston, April 2, 2001
ASSOCIATE, Law Offices of George Red, 1950-1952
Notable Verdicts and Settlements
Mendoza v. Summit Care Corp., et al. (02/22/2006)
View Article
Senior Living Properties, LLC v. Zurich (04/22/2004)
Bailey v. Senior Living Properties, LLC, et al. (07/23/2003)
View Article
Larson v. Mariner Post-Acute Network, Inc., et al. (10/14/2005)
View Article
Hollins v. Cleaver Memorial Convalescent Center, et al. (11/26/2002)
View Article
David v. Heartway Corporation, et al. ((12/06/1999)
View Article
Gross v. Horizons/CMS Healthcare Corporation (9/13/1999)
View Article
Reed v. Senior Living Properties, LLC, et al. (07/23/2003)
View Article
Pyle v. Telesis/Walnut Place Nursing Home, Inc. (04/19/1999)
View Article
Moore v. Confidential Defendants (12/08/2003)
Lowe v. Summit Care-Texas, Inc. (07/01/2004)
Hughes v. Senior Living Properties, LLC, et al. (07/23/2003)
Parks v. Southwood Nursing Home (02/19/2003)
Smith v. Senior Living Services, Inc., et al. (07/23/2003)
Tenczynski v. Nissi Care Homes, et al. (05/12/2003)
Other Notable Cases
Casas v. Paradez, 267 S.W.3d 170 (Tex. App.-San Antonio, 2008)
Heritage Housing Development, Inc. v. Carr, 199 S.W.3d 560 (Tex. App.-Houston [1st Dist.], 2006)
View Article
In Re Gladewater Healthcare Center, 2009 WL 454352 (Tex. App.-Texarkana)
In Re Gladewater Healthcare Center, 2009 WL 454355 (Tex. App.-Texarkana)
Amwest Sav. Ass’n v. Statewide Capital, Inc., 144 F.3d 885 (5th Cir. 1998)
Benavidez v. Anheuser Busch, Inc., 873 F.2d 102 (5th Cir. 1989)
Continental Cas. Co. v. Hall, 761 S.W.2d 54 (Tex. App. -Houston [14th Dist.], 1988)
Swain v. Johnson, 750 S.W.2d 343 (Tex. App. -Beaumont, 1988)
Kelley v. Atlantic Gulf Stevedores, Inc., 681 S.W.2d 275 (Tex. App. -Houston [14th Dist.], 1984)
General Motors Corp. v. Grizzle, 642 S.W.2d 837 (Tex. App. -Waco, 1982)
Union Carbide Corp. v. Burton, 618 S.W.2d 610 (Tex. App. -Houston [14th Dist.], 1981)
Jason N. Young
Biography
Jason was born in Little Rock, Arkansas on April 9, 1975. He attended Baylor University and graduated with a major in Biology and a minor in Chemistry. After a year of training at Southwestern Baptist Theological Seminary, Jason attended law school at Baylor University and was admitted to practice law in the State of Texas in 2002. Since that time, Jason has concentrated his practice to representing victims of elder abuse and neglect and their families in several states including Alabama, Arizona, Arkansas, North Carolina, Oklahoma, Kentucky, Tennessee, Washington, and Texas. Jason has been recognized by Thompson Reuters as a Top Rated Medical Malpractice Attorney and Texas Rising Star in 2008 and 2009.
Although Jason practices all over the country, he lives in Houston, Texas with his wife Katy and daughters Addison and Anna.
Professional Background
PARTNER
Marks, Balette, Giessel & Young, P.L.L.C.
January 2016 to present
PARTNER
Marks, Balette, & Giessel, P.C.
December 2007 to December 2015
ASSOCIATE
The Marks Firm
February 2002 – January 2005
Admissions
Texas, May 2002
Tennessee, 2007
Kentucky, 2007
United States District Court, Eastern District of Texas, November 2006
Oklahoma, 2015
Washington, 2008
Education
Baylor University, J.D., 2002
Order of Barristers
Baylor University, B.S., Biology, Minor – Chemistry, 1997
Notable Verdicts and Settlement
Mendoza v. Summit Care Corp., et al. (02/22/2006)
View Article
Bailey v. Senior Living Properties, LLC, et al. (07/23/2003)
View Article
Carr v. Heritage Housing Development, Inc., et al. (10/20/2003)
View Article
Moore v. Confidential Defendants (12/08/2003)
Parks v. Southwood Nursing Home (02/19/2003)
Tenczynski v. Nissi Care Homes, et al. (05/12/2003)
Publications
“The Nursing Home Conundrum: Advising the Client on Nursing Home Selection,
Resident Rights and Actionable Neglect,” The Houston Lawyer, (May/June 2006, Vol. 43
Number 6).
Juliette B. Symons
Biography
Juliette B. Symons is an attorney in our Lexington office. She was born in Houston, Texas. Since graduating law school, she has concentrated her practice in healthcare litigation. Juliette began as an insurance defense attorney in Lexington, Kentucky, representing hospitals, physicians, and other medical professionals throughout the state. With Marks Balette Giessel & Young she has dedicated her valuable experience with the corporate healthcare and insurance industries to the representation of victims of injury and neglect. Juliette resides in Lexington with her husband.
Professional Background
ASSOCIATE, Marks, Balette, Giessel, & Young, P.L.L.C, January 2016 to present
ASSOCIATE, Robinson & Havens, January 2014 to December 2015
Admissions
Kentucky, 2013
Education
Vermont Law School, J.D., M.E.L.P, cum laude 2013
University of Virginia, B.A. with distinction 2009
Professional Contributions
Member, American Association of Justice
Member, Kentucky Justice Association
Member, Fayette County Bar Association
Member, Kentucky Bar Association
Notable Cases
Brown v. Signature, 2017 WL 383440 (Ky. Ct. App. 2017)