Michael Killingsworth is a trial lawyer that focuses on complex commercial and intellectual property litigation. In the last four years alone, he has secured four verdicts exceeding $10 million each. In another recent trial, he successfully defended against a $200 million oil rig multi-fatality wrongful death matter. He is not just adept at trial, but also in all facets of litigation. He has successfully argued scores of dispositive motions, obtained injunctive relief for clients (including seeking and defending 6 temporary restraining orders and 4 temporary injunctions in the span of four weeks), and negotiated excellent settlements in complex cases.

Michael is a graduate of the University of Chicago Law School, where he also completed the Doctoroff Business Leadership Program from the University of Chicago Booth School of Business. Before he attended the University of Chicago Law School, Michael graduated first in his class from the University of Nebraska-Lincoln with highest distinction and Phi Beta Kappa honors.

REPRESENTATIVE EXPERIENCE

• Healthcare Litigation
  • Won a no-liability jury verdict for a Houston-area radiology group, Houston Radiology Associated (“HRA”), in a business fraud dispute. Plaintiff, a former competitor-turned-employee, brought suit alleging that he was fraudulently induced by HRA into signing away his prior company’s hospital service contract and joining HRA. Plaintiff sought $1.2 million in actual damages as well as punitive damages. After a 4-day trial, the jury deliberated for less than an hour before returning a verdict of no fraud in favor of HRA. The case was tried by associates Weining Bai and Michael Killingsworth. Harris County case No. 2020-13621, titled Amitabha Banerjee, M.D. v. Houston Radiology Associated, and Radiology Partners Management Group LLC.
  • Won a $62.65 million jury verdict from a Nevada jury in a nationally-watched case for an emergency room physician group clients who United Healthcare underpaid. The jury in this seven-week trial unanimously found malice, oppression, and fraud in United’s underpayment of the doctors. This verdict against a cluster of United Healthcare affiliates will serve as a bellwether for more than two dozen similar cases around the nation against various insurers.
  • Won a $19.1 million jury verdict against a large insurance company in the first case in the nation to litigate emergency room physicians’ out-of-network pay from private insurance companies under the Affordable Care Act.
  • Won a $9.4 million jury verdict against an Arkansas insurance company in a breach-of-contract case in which the insurance company grossly underpaid emergency room doctors. AZA was hired six days before trial. The verdict is in the 2020 Top 100 Verdicts as calculated by Verdict Search.
• Oil and Gas Litigation
  • Obtained a defense verdict for National Oilwell Varco (NOV) in a $200 million jury trial over a 2018 oil rig explosion that killed five workers. After three weeks of trial, the jury announced a verdict that was only a small fraction of NOV’s pre-trial settlement offer.
• General Commercial Litigation
  • Defeated a novel wrongful termination suit for Port of Houston. In a case involving issues of first impression, four firefighters alleged that Port of Houston officials did not follow a statutory protocol in terminating them for hazing and harassment misconduct, and that as a result, the firefighters could not be fired in the future for their misconduct. Following a bench trial, the Court ruled for AZA’s client and found that the officials had fully followed the statutory protocol. The case was tried by associates Kelsi White and Michael Killingsworth. Harris County Case No. 2021-13211 titled Stan Kozlowski et al. v. William Buck, et al.
  • Successfully obtained a dismissal based on procedural grounds for the Port of Houston in a legal dispute regarding the bidding process for their $430 million expansion project. Harris Country Case No, 4:22-cv-02117 titled Diamond Services Corp. v. Curtin Maritime Corp. et al. Read more about the March 2023 win here: https://www.law360.com/articles/1582952/judge-backs-clearing-430m-deal-of-made-in-us-claims
  • Won a $22 million dollar jury verdict for the Port of Houston in a complex commercial lease dispute with an international grain trader.
  • Led multiple contested successful injunction hearings, including at both the temporary restraining order and temporary injunction stages.
• Intellectual Property Litigation
  • Lead trial counsel in a trademark dispute representing the plaintiff, a non-profit sport’s program. Soon after the jury was selected, the defendants offered to settle for damages beyond plaintiff’s request, attorneys’ fees, and agreed to an injunction to cease using the plaintiff’s trademark.
  • Been a part of multiple intellectual property trial teams that have obtained eight-figure client recoveries.
• White Collar Defense
  • Successfully aided the criminal defense team of Dr. Hasan Gokal who was accused of theft of the COVID-19 vaccine. The Court tossed the charge after finding no probable cause. Subsequently, a grand jury returned a no bill, again finding no probable cause. Currently handling Dr. Gokal’s civil lawsuit against Harris County and Harris County Public Health for discrimination based on his race and national origin.

 

EDUCATION

• University of Chicago Law School, J.D., Spring 2018
  • Doctoroff Business Leadership Fellow
  • Paul R. and Edmund W. Kitch Scholarship
  • The Ruth Wyatt Rosenson Scholarship
• University of Nebraska-Lincoln, highest distinction, honors program with distinction, Spring 2015
  • Phi Beta Kappa
  • Chancellor’s Scholar
  • Alan P. Bates Top Sociology Undergraduate Award
  • Canfield Scholar
  • Dean’s List 2011-2015

ADMISSIONS

• State Bar of Texas
• United States Court of Appeals for the Fifth Circuit
• U.S. District Court for the Southern District of Texas
• U.S. District Court for the Northern District of Texas
• U.S. District Court for the Eastern District of Texas
• U.S. District Court for the Western District of Texas
• U.S. District Court for the Northern District of Illinois
• U.S. District Court for the Northern District of Illinois Trial Bar

HONORS AND AWARDS

• Texas Rising Star honors as presented by Super Lawyers, a Thomson Reuters Business, 2022-2023
• 2023-2024 list of Best Lawyers: Ones to Watch

PRESENTATIONS and CLES

• Effective Pre-Trial and Evidentiary Hearings Preparation: Key Considerations to Mitigate Risks, The Knowledge Group Webinar, December 2021

IN THE NEWS

• Doctor Group Wins $153 Million Against Insurer United Healthcare
• Twenty-Six AZA Lawyers Honored as Best Lawyers and Ones to Watch
• AZA Wins Three Trials in Just Two Weeks in May 
• Thirteen AZA Attorneys Earn Texas Rising Stars Honor
• AZA Wins for Healthcare Clients Earn Top Verdict Rankings in Texas, US
• Court Halts Hostile Takeover of Condominium Association in Houston’s Chinatown
• AZA Wins Trademark Dispute for Illinois Youth Football Team
• Houston Port Blasts ‘Dramatic’ Bid To Undercut $22M Verdict
• AZA Client Port of Houston Wins $22.32 Million Jury Verdict in Federal Court
• AZA Victorious in $62 Million Nationally Watched TeamHealth Trial Against Insurance Giant United Healthcare 
• National and International Media Cover Discrimination Lawsuit Filed by AZA Client Dr. Hasan Gokal, Improperly Accused of Stealing COVID-19 Vaccine 
• AZA Selected as a National Elite Trial Law Firm 2021 Award Winner  
• Houston Jury Sends U.S. Insurance Companies a Strong Message on Behalf of Emergency Room Doctors 
• TeamHealth ER Doctors’ Group Wins $9.4 Million Arkansas Jury Verdict for Underpayment by Centene Corporation 
• AZA Beats the Odds for Energy Company in Tragic Oklahoma Explosion