Senior Counsel
PRACTICE AREAS
CREDENTIALS
Board Certified in Civil Trial Law, by the Texas State Board of Legal Specialization (1996)
Texas Bar Association
Texas Trial Lawyers Association
Texas Hospital Association (former firm Member)
Fellow of the Texas Bar Foundation
Harris County Bar Association
Brazos Valley Bar Association
American Bar Association (former Member)
Colorado Bar Association (former member)
Juris Doctorate, South Texas College of Law (1985)
Recognized as a “Top Rated Lawyer in Health Care” by Corporate Counsel™ magazine.
B.B.A., Southwest Texas State University, Marketing (1980)
All Texas State Courts
United States Fifth Circuit Court of Appeals
United States District Courts for the Southern District of Texas
United States District Courts for the Western District of Texas
United States District Courts for the Eastern District of Texas
United States District Courts for the Northern District of Texas
Board Certified Civil Trial Law, Texas Board of Legal Specialization
Randal has competently represented a wide variety of clients in more than 1,000 civil lawsuits of various kinds, filed in Texas state, federal, and appellate courts – including complex civil litigation on behalf of businesses, officers and directors of corporations, commercial landlords, builders, contractors, healthcare providers, law firms, lawyers, injured employees and other individuals including cases involving:
- Misappropriation of trade secrets, tortious interference with employment agreements, breaches of confidentiality agreements, breaches of fiduciary duties, and unfair competition.
- Breaches of shareholder agreements, partnership agreements and other contracts.
- Both common law fraud and statutory fraud in real estate and stock transactions.
- Real estate disputes including breaches of commercial leases, disruption claims, inverse condemnation, and trespass.
- Commercial and residential construction disputes.
- Wrongful death and serious bodily injury litigation.
- Medical malpractice and Legal malpractice, including a medical malpractice trial which lasted 4 weeks and resulted in a jury verdict of more than $14,000,000 for his clients.
- Deceptive Trade Practices involving home builders, real estate agents, auto dealerships, surveyors and other businesses.
- Labor and employment disputes including discrimination and harassment, wrongful discharge, and wage and hour disputes.
- Insurance coverage disputes in both first party and third party coverage situations.
- Will contests and other contested probate matters involving both undue influence and lack of testamentary capacity.
- Defamation, slander and libel.
In the decades that Randal has been practicing civil trial law, he has effectively taken over 500 depositions in Texas state courts, including many Expert Witness depositions in complex commercial and wrongful death cases. He has been designated as an Attorneys’ Fee expert in over 600 civil lawsuits pending in state and federal courts, including his successful defense of an opposing party’s attempt to overturn, on appeal, a Trial Court’s award of attorneys’ fees to Randal’s client, in excess of 7 times actual damages in a suit he successfully filed against an insurance company, for its wrongful denial of his hospital client’s insurance claim. See e.g., Concert Health Plan, Inc. v. Houston Northwest W Partners Ltd. No. 14-12-00457-CV, 2013 WL 2382960 (Tex. App. — Houston [14th Dist.] May 30, 2013, no pet.). Randal been involved in numerous other successful appeals of significant civil cases, in both Federal and Texas state appellate courts, including:
Oral Argument in expedited, successful appeal reversing trial court error and abuses of discretion, after a court wrongfully entered an injunction against Randal’s client in a complex misappropriation of trade secrets case, see e.g., Cooper Valves LLC and Barry Don Hoeffner v. ValvTechnologies, Inc., 531 S.W.3d 254 (Tex. App. – Houston [14th Dist.] 2017).
Oral Argument to the Texas Supreme Court in a case of first impression. See, Harris County Hosp. Dist. v. Tomball Hospital Authority, 283 S.W.3d 838 (Tex. 2009).
Harris County v. Hermann Hospital, 943 S.W.2d 547 (Tex. App.—Eastland 1997, no writ). As Attorney in Charge for his hospital client, at the trial court level, Randal won a $745,863.56 Judgment against Harris County; and then co-drafted the successful brief in the subsequent appeal (i.e., a case of first impression, at that time, holding hospitals have “standing” to sue counties and recover reimbursement of hospital charges for treating county prisoners, pursuant to Texas Code of Criminal Procedure art. 104.002).
George Frederick Bright v. Houston Northwest Medical Center Survivor, Inc., 934 F.2d 671 (5th Cir. 1991). In this wage and hour case, Randal’s hospital client prevailed by proving its employee was waiting to be engaged, as opposed to being engaged to be waiting; and this case is still often-cited precedent in the federal Fifth Circuit.
Hermann Hospital v. National Standard Ins. Co., 776 S.W.2d 249 (Tex. App. — Houston [1st Dist.] 1989, writ denied). Successfully represented his hospital client in this case of first impression under Texas law, establishing precedent under Texas law, recognizing negligent misrepresentation as cause of action, in a commercial context.
Memorial Hospital System v. Northbrook Life Ins. Co., 904 F.2d 236 (5th Cir. Tex. 1990). In this commercial collection case on behalf of his hospital client, Randal and his co-counsel successfully sued an insurance company in this case of first impression, wherein it was held that health care providers’ claims against insurance companies, for negligent misrepresentation of coverage, will not be preempted by federal law.
Hermann Hospital v. Aetna Life Ins. Co. 803 S.W.2d 351 (Tex. App. Houston [14th Dist.] 1990, writ den’d). In this commercial collection case on behalf of his hospital client, Randal and his co-counsel successfully sued another insurance company in this case of first impression, wherein a Texas appellate court adopted, for the first time, the hospital-friendly holding and rationale of the federal 5th Circuit court’s holding in Memorial Hospital System v. Northbrook Life Ins. Co. cited above.
Hermann Hospital v. MEBA Medical Benefits Plan, 959 F.2d 569 (5th Cir. Tex. 1992) In this commercial collection case on behalf of his hospital client, Randal and his co-counsel successfully sued an employer’s employee benefit plan and convinced the Federal 5th Circuit Court of Appeals to hold that his hospital client had “standing” to bring a lawsuit against an ERISA regulated health benefit plan. Prior to this opinion only the insured, or plan participant, could bring such lawsuits; and, by necessary implication, this holding extends, to hospitals, the right to appeal denials of health care claims at the administrative level.
Articles and Presentations:
- “Practical Implications for Hospitals Complying with the Emergency Medical Treatment and Active Labor Act and the Texas Indigent HealthCare and Treatment Act.” (2003)
- “The New Prompt Payment Laws” (2003)
- “Texas’ New Unfair Claim Settlement Practices Act” (2004)
“Keys to Unlocking Provider Reimbursement – The Prompt Pay Statute and Related Regulations (Texas Insurance Code chapters 843 & 1301; and 28 Texas Administrative Code Section 21.2801 – 21.2825)” (2005) - “The Fraudulent Lien Cause of Action Pursuant to Chapter 12 of Texas Civil Practice & Remedies Code” (July 2006)
- “Risks Inherent in Hospitals Filing Their Own Hospital Liens Pursuant to The Texas Hospital Lien Statute – Chapter 55 of the Texas Property Code” (2006)
- “Keys to Unlocking Provider Reimbursement – The Prompt Pay Statute and Related Regulations (Texas Insurance Code chapters 843 & 1301; and 28 Texas Administrative Code Section 21.2801 – 21.2825)” (2008)
- “What to Do When OSHA Shows Up and Wants to Inspect” (2014)
Second Baptist Church – Houston, Texas (Deacon – currently inactive)
Boy Scouts of America (former adult leader)
Texas Flyfishers of Houston
Lonestar Bowhunters Association (Life member)
National Wild Turkey Federation
Rocky Mountain Elk Foundation
Houston Safari Club
Safari Club International
West, Webb, Allbritton & Gentry, P.C.
Of Counsel, 2019 – Present
Sullins & Johnston Attorneys at Law, P.C. d/b/a “Sullins Johnston Rohrbach & Magers”, Houston Texas
Shareholder and Vice President, May 1985 – December 2018
State Bar of Texas
Litigation Section of the State Bar of Texas
Antitrust & Business Law Section of the State Bar of Texas
Insurance Law Section of the State Bar of Texas
Brazos County Bar Association
Texas Association of Civil Trial and Appellate Specialists (former Member)
American Trial Lawyers Association (former Member)
Texas Trial Lawyers Association (former Member)
Houston Trial Lawyers Association (former Member)
Texas Hospital Association (firm) (former Member)
American Bar Association (former Member)
Colorado Bar Association (former Member)
With almost 40 years of civil trial experience, Randal Payne is an integral part of the West, Webb, Allbritton & Gentry’s civil trial law section, practicing out of the firm’s College Station offices and providing the firm’s clients with high quality legal representation in trials, arbitrations and other civil disputes, when results matter most.
Continuously, or almost 30 years, Randal has been certified in Civil Trial Law, by the Texas State Board of Legal Specialization; and he has earned Martindale Hubbell’s highest rating bestowed upon attorneys, when evaluated for legal abilities and compliance with ethical standards (i.e., AV Preeminent). Randal is recognized as a “Top Rated Lawyer in Health Care” by Corporate Counsel™ magazine; and is a Fellow of the Texas Bar Foundation.
When not in the Courtroom, taking depositions or preparing for his next trial, Randal enjoys fly fishing, bowhunting, wilderness backpacking, and spending time with his wife, Kathy, their adult children, and their grandchildren.