Derek L. Montgomery
Awarded Practice Areas
Biography
Derek L. Montgomery is a partner in Kelly Hart’s Litigation and Appellate practices and handles a variety of complex civil litigation and appellate matters for individuals, corporations, and other institutional clients. He has extensive experience representing plaintiffs and defendants in a wide range of matters, including business disputes, oil & gas litigation, wind energy matters, personal injury, professional malpractice claims, real property disputes, breach of contract, and termination of parental rights. Mr. Montgomery has tried cases to verdict in both state and federal courts, briefed and argued appeals throughout the State of Texas, and litigated matters in trial and appellate courts in Alabama, Arkansas, California, Hawaii, Illinois, Louisiana, Ohio and Wyoming.
Mr. Montgomery also has experience as a felony prosecutor where he served as trial and appellate counsel for the State of Texas in cases for murder, aggravated sexual assault of a child, aggravated assault, engaging in organized criminal activity, indecency with a child, delivery of controlled substances, assault on a public servant, burglary of a habitation, robbery, and theft. Mr. Montgomery continues his involvement in criminal jurisprudence by teaching law enforcement officers on the subject of lawful searches and seizures across the State of Texas.
Overview
- Texas Tech University, JD, graduated 2006
- Texas A&M University, BBA, graduated 2001
- Texas, State Bar of Texas, 2006
- Texas Bar Foundation - Fellow
- Tarrant County Bar Foundation - Member
- Midland County Bar Association - Member
- Eldon B. Mahon Inn of Courts - Member
- U.S. District Court, Western District of Texas
- U.S. District Court, Northern District of Texas
- U.S. Court of Appeals for the Sixth Circuit
- U.S. Court of Appeals for the Fifth Circuit
- Texas, State Bar of Texas, 2006
- Texas Bar Foundation - Fellow
- Tarrant County Bar Foundation - Member
- Midland County Bar Association - Member
- Eldon B. Mahon Inn of Courts - Member
- Texas Tech University, JD, graduated 2006
- Texas A&M University, BBA, graduated 2001
- U.S. District Court, Western District of Texas
- U.S. District Court, Northern District of Texas
- U.S. Court of Appeals for the Sixth Circuit
- U.S. Court of Appeals for the Fifth Circuit
Client Testimonials
Awards & Focus
- Personal Injury Litigation - Defendants
- Oil and Gas Law
- Appellate Practice
- Collaborative Law: Civil
- Commercial Litigation
- Litigation - Real Estate
Best Lawyers in America®, 2025, 2026
- Personal Injury Litigation – Defendants
Texas Super Lawyer, Thomson Reuters, 2021-2025
- Appellate
- Commercial Litigation
Top Attorney, 360 West magazine, 2020-2025
- Personal Injury Law
Top 100 Up-and-Coming Rising Stars, Super Lawyers, 2017-2018
Texas Super Lawyers Rising Star, Thomson Reuters, 2009-2019
- Appellate
News & Media
Case History
- Moore v. West Bend Energy Partners, LLC,
- Moore v. West Bend Energy Partners, LLC, No. 08-23-00180-CV, 2024 WL 5239901 (Tex. App.—El Paso Dec. 27, 2024, no pet. h.) (mem. op.)
- Marston v. Blackbeard Operating, LLC
- Marston v. Blackbeard Operating, LLC, NO. 08-23-00166-CV, 2024 WL 5099204 (Tex. App.—El Paso Dec. 12, 2024, no pet.) (mem. op.)
- Gardner Energy Corp. v. McNeil, McNeil, & Holt
- Gardner Energy Corp. v. McNeil, McNeil, & Holt, No. 08-23-00140-CV, 2023 WL 8937162 (Tex. App.—El Paso Dec. 27, 2023, pet. denied) (mem. op.)
- Rock River Minerals, LP v. Pioneer Natural Res. USA Inc.
- Rock River Minerals, LP v. Pioneer Natural Res. USA Inc., No. 08-23-00216-CV, 2024 WL 4528917 (Tex. App.—El Paso Oct. 18, 2024, no pet. h.) (mem. op.)
- NextMetals Ltd. v. Sparkie Properties, LLC
- NextMetals Ltd. v. Sparkie Properties, LLC, No. 11-24-00233-CV, 2024 WL 4457037 (Tex. App.—Eastland Oct. 10, 2024, no pet.) (mem. op.)
- Van Dyke v Navigator Group
- Van Dyke v Navigator Group, 668 S.W.3d 353 (Tex. 2023)
- Endeavor Energy Resources, LP v. Trudy Jane Anderson Testamentary Trust
- Endeavor Energy Resources, LP v. Trudy Jane Anderson Testamentary Trust, 644 S.W.3d 212 (Tex. App.—Eastland 2022, pet. denied)
- Hogg v. Blackbeard Operating, LLC
- Hogg v. Blackbeard Operating, LLC, 656 S.W.3d 671 (Tex. App.—El Paso 2022, no pet.)
- Sundown Energy LP v. HJSA No. 3, L.P.
- Sundown Energy LP v. HJSA No. 3, L.P., 622 S.W.3d 884 (Tex. 2021)
- Lockhart v. Chisos Minerals, LLC
- Lockhart v. Chisos Minerals, LLC, 621 S.W.3d 89 (Tex. App.—El Paso 2021, pet. denied)
- City of San Antonio v. Hotels.com, LP
- City of San Antonio v. Hotels.com, LP, 876 F.3d 717 (5th Cir. 2017)
- Priceline.com, Inc. v. Dir. of Taxation
- Priceline.com, Inc. v. Dir. of Taxation, 436 P.3d 1155 (Haw. 2019)
Your browser is not fully compatible with our automatic printer friendly formatting.
Please use the print button to print this profile page.