Misty Gasiorowski
Shareholder
Mrs. Gasiorowski’s practice is devoted primarily to business litigation. She joined WKPZ as an
associate in 2013. Prior to joining, she worked for a well-respected Houston-based insurance
defense and subrogation law firm. She also completed internships with the Honorable Judge
David Hittner and Congressman Henry Cuellar, and worked as a legal assistant for the Texas
Department of Public Safety and as a public records researcher at a private investigation firm.
Mrs. Gasiorowski genuinely desires to help others and, at the office, works diligently to resolve
her clients’ legal matters efficiently and cost-effectively.
Since joining WKPZ, Mrs. Gasiorowski has gained extensive expertise and experience advising
and representing creditors in their pursuit to collect business debts, including the preparation,
perfection, and foreclosure of mineral and M&M liens, prejudgment legal remedies, litigation,
and post-judgment enforcement. She also advises and represents property owners and contractors
regarding construction projects and disputes. Mrs. Gasiorowski has also assumed a niche of
advising and representing property owners during their appeals of commercial property tax
valuations and/or exemption determinations. Other areas of experience include business disputes,
breaches of fiduciary duties, breaches of warranties, commercial landlord-tenant disputes,
disputes related to purchase sale agreements, boundary disputes, adverse possession, declaratory
judgments, temporary restraining orders and injunctions, breach of contracts for goods and/or
services, violations of the DTPA, and fraud. Ms. Gasiorowski has managed hundreds of cases
from demand letter to post-judgment collection efforts, including depositions, mediations,
dispositive motions, bench and jury trials, and appeals.
Representative Experience
Appeals
Represented the appellees in legal briefing to the 9th Court of Appeals seeking affirmation of the trial court’s
order denying dismissal of claims allegedly based on constitutional right to petition pursuant to the TCPA.
Opinion not yet released.
Represented the appellees in legal briefing to the 1st Court of Appeals seeking affirmation of the trial court’s
order granting dismissal in relation to the contractual forum selection clause. Opinion not yet released.
Represented the appellants in legal briefing to the Fifth Circuit seeking reversal of the district court’s granting
of motions to dismiss pursuant to the Telephone Consumer Protection Act and/or Federal Rule of Civil
Procedure 12(b) related to an alleged conspiracy involving a school district and its board of trustees, local
newspapers and reporters, a local labor union, and state and federal prosecutors. Judgment affirmed on appeal.
Represented father in legal briefing and during oral argument of ex-wife’s appeal to the 14th Court of Appeals
seeking affirmation of the trial court’s judgment appointing client as permanent guardian of their son.
Judgment affirmed on appeal.
Represented commercial property owner in legal briefing and during oral argument to the 1st Court of Appeals
seeking reversal of the trial court’s granting of summary judgment in favor of the Harris County Appraisal
District in relation to its cancellation of the property’s charitable tax exemption. Judgment initially reversed
and remanded. On competing motions for rehearing, judgment was reversed and rendered in favor of client.
Additional legal briefing was submitted and based thereon, the Appraisal District’s Petition for Review was
denied by the Texas Supreme Court. Charitable tax exemption reinstated.
Assisted co-counsel with legal research and briefing on issues of ecclesiastical privilege and immunity under
the Texas Labor Code to the trial court, 14 th Court of Appeals, and Texas Supreme Court, seeking affirmation
of the trial court’s summary dismissal of all claims against firm’s client related to statements made during an
employer reference of a former employee to a prospective employer. Judgment affirmed in part, and reversed
and remanded in part, on appeal.
Jury Trials
Examined fact and expert witnesses (as second chair) to jury in civil trial in which our firm obtained $1.1M
verdict on client's breach of contract claim and defended against a multimillion-dollar tortious interference
counterclaim.
Examined fact and expert witnesses and made closing arguments (as second chair) to jury in a civil trial in
which our firm successfully defended client against a tenant’s $1.8M claim for breach of a first right of refusal
provision. Assisted with legal briefing to successfully defend the verdict on appeal. Judgment affirmed by the
14th Court of Appeals, and Petition for Review denied after additional legal briefing to the Texas Supreme
Court.
Bench Trials
Made opening and closing arguments, presented testimony of client and fact witness, and cross-examined
opposing party, at virtual bench trial (as first chair) in which the firm’s clients were defending against claims
of breach of contracts by a subcontractor.
Made opening and closing arguments, and presented testimony of client, at bench trial (as first chair) in which
the firm’s clients were seeking judgment on their claim for title and possession of property by adverse
possession. Drafted post-trial brief. Judgment pending.
Made opening and closing arguments, and examined fact witnesses, at bench trial (as first chair) to defend
client against its customer’s claims of property damage resulting from negligent air conditioning services.
Take-nothing judgment entered dismissing all claims against client.
At 38 weeks pregnant, made opening and closing arguments and examined fact witnesses at bench trial (as first
chair) resulting in take-nothing judgment on claims against firm client, and judgment in favor of firm client on
its counterclaim for reimbursement of attorneys’ fees and removal of defamatory reviews and social media
posts by disgruntled ex-client of firm client’s dance studio.
Arbitrations
Examined fact and expert witnesses (as second chair) in an arbitration before the International Chamber of
Commerce that involved contentious disputes regarding the relevance and admissibility of certain evidence and
culminated with a 4-day virtual hearing and closing submissions to resolve competing contractual claims
related to franchise agreements governed by Iraqi law.
Examined fact and expert witnesses (as second chair) in an arbitration before the American Arbitration
Association that involved contentious discovery disputes, voluminous document production, several
depositions, a 5-day virtual hearing, and post-hearing briefing to resolve competing claims of breach of
multimillion-dollar contracts and fraud related to steel trading transactions.
Notable Dispositive Motions
Defeated an anti-slapp (TCPA) motion after substantial briefing and oral argument by presenting sufficient
evidence to show that the defendant breached its contract and by defeating the defendant’s claim that it was
privileged to record a lis pendens against its own property. Appeal is pending.
Secured summary judgment dismissing DTPA claim brought by homeowner against home inspection company
client.
Defeated an application for temporary restraining order, an application for temporary injunctions, and a second
application for temporary injunction, secured a partial summary judgment on adverse possession claims,
followed by an order granting special exceptions to clarify remaining claims, and hopefully a final summary
judgment on those remaining claims brought against client who erected a fence along a boundary line
determined by a recent survey that differed from an alleged boundary line determined by sporadic fence posts
and a line of established trees. Final summary judgment motion is pending.
Drafted the Rule 91a Motion to Dismiss that resulted in an immediate dismissal of all claims brought against
firm’s client, which the trial court agreed had no basis in law.
Secured summary judgment declaring roofing contract that formed the basis of the lawsuit void, and awarding client reimbursement of its attorney’s fees and court costs.
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