Ann Smith
Partner
Sandra De Vilbiss
210.299.3402
Annalyn Smith has more than 20 years of experience providing legal counsel and representation, in litigation and arbitration to clients in the construction industry. In the representation of builders, general contractors, subcontractors, owners and engineers, she handles lien disputes, construction defect claims and condemnation. She has substantial experience in general commercial litigation, including contract disputes, trade secret litigation, collections, bankruptcy litigation and title insurance defense.
Ms. Smith provides litigation support to Bracewell & Giuliani's labor and employment attorneys, and has substantial experience in personal injury cases for non-subscribers to workers' compensation insurance. She counsels clients and tries cases regarding claims under the Americans with Disabilities Act (ADA), workers' compensation discrimination, employment contracts, Title VII claims, and breach of covenants not to compete. She handles arbitrations of Union grievances. Ms. Smith handles a variety of appeals in state and federal court. Ms. Smith served as a briefing attorney for the Honorable Blair Reeves, Fourth District Court of Appeals for the State of Texas.
Representative Matters
Jury verdict for $1.2 Million for breach of warranty claims brought by federal contractor against vendor supplier.
Arbitration of Union grievance alleging failure of federal contactor to recall employees for vacant positions in violation of the collective bargaining agreement. Grievance dismissed.
Arbitration of Union grievance alleging failure to promote grievant to a lead man position with federal contractor in violation of the collective bargaining agreement. Grievance dismissed.
Arbitration of Union grievance alleging failure of federal contractor to pay workers performing tasks of higher classifications in violation of the collective bargaining agreement. Grievance dismissed.
Arbitration of Union grievance alleging discrimination and failure of federal contractor to permit grievant to displace another worker after a reduction in force in violation of the collective bargaining agreement. Grievance dismissed.
Successful defense in bench trial of common carrier against claims of former truck operator claims of breach of contract, fraud and violations of a duty of good faith. Fifth Circuit Court of Appeals reversed and rendered judgment, plaintiff take nothing.
Defense of builder against claims of foundation failure by homeowner in jury trial. Defense verdict.
Client property owners' association sought enforcement of restrictive covenants. Bench trial resulted in successful enforcement.
Defense of builder against homeowner's claims of subfloor and foundation defects in arbitration. Defense award.
Defense of hospital employer in jury trial. Violations of ADA and retaliatory discharge. Defense verdict.
Successfully represented executors seeking to recover secreted assets in jury trial.
Favorable jury verdict in jury trial on covenant not to compete.
Window and roof leaks in commercial building. Successful arbitration defense of owner's claims and recovery of delay damages by general contractor.
Successful arbitration defense of commercial building subcontractor claims that resulted in five percent of damages claimed by subcontractor.
Successful arbitration defense of commercial building subcontractor claim and recovery of damages for general contractor.
In oil and gas arbitration, client's interpretation of contract with reversionary interest prevailed.
Representation of condemnor in eminent domain jury trial. Verdict for property owner less than amount offered in settlement.
Publications and Speeches
Moderator, "Tricks and Traps in Appellate Procedure," Bexar County Women's Bar Retreat, San Antonio, June 18, 2010.
Education
J.D., with honors, The University of Texas School of Law, 1984
B.A., with honors, Phi Beta Kappa, The University of Texas at Austin, 1972
Bar Admissions
Texas
New York
Court Admissions
U.S. Supreme Court
U.S. Court of Appeals for the 5th Circuit
U.S. District Court for the Northern, Southern, Eastern and Western Districts of Texas
Certifications
Texas Board of Legal Specialization, Civil Trial Law
Affiliations
American Bar Association, Litigation Section
State Bar of Texas, Construction and Litigation Sections
New York State Bar Association
San Antonio Bar Association, Director, 2009-2010; Litigation Section, Chair, 2005-2006
San Antonio Bar Foundation, Trustee, 2004-present; Secretary 2008-2009, Treasurer 2009-2010
Noteworthy
Best Lawyers in America, Commercial Litigation, 2010 and 2011
Texas Super Lawyers, 2005