Houston, TX (713) 681-3070 | Lexington, KY (800) 715-6268 info@marksfirm.com

    Who We Are

    Marks Balette Young & Moss is a nationally recognized litigation firm focused on the trial of complex, high-stakes civil cases.

    Our Core Philosophy

    Although Marks Balette Young & Moss 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 Young & Moss. 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 Young & Moss 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

    In Memoriam