Litigation and trial practice
We treat litigation as a strategic tool rather than a last resort, and we prepare every case as though it will be tried. That is not posturing — it is the only reliable way to know what a case is actually worth.
McMillan & Black litigates in Texas state and federal courts on behalf of business owners, property investors, fiduciaries, and individuals. The firm handles matters from pre-suit demand through trial and appeal, including in the Northern and Western Districts of Texas and the Fifth Circuit.
A case evaluated with trial readiness in mind settles better than one evaluated with settlement in mind. Opposing counsel can tell the difference between a file that has been worked and one that has been held, and that assessment is priced into every offer they make.
What we handle
- Business torts and breach of contract claims
- Real estate, title, and construction disputes
- Shareholder, partnership, and member disputes
- Deceptive Trade Practices Act (DTPA) consumer claims
- Defamation defense and Texas Citizens Participation Act motions
- Probate and fiduciary litigation
- Temporary restraining orders and injunctive relief
- Quiet title and declaratory judgment actions
- Property damage and trespass claims
- Trial and appellate representation
Two areas we are asked about often
Deceptive Trade Practices Act claims. The DTPA remains one of the strongest consumer statutes in the country, with the potential for additional damages and fee recovery where conduct is knowing or intentional. Garrett McMillan litigates frequently under the statute and currently represents consumers in claims against residential solar panel companies operating across Texas — an area where high-pressure sales practices, financing that was not explained, and warranties that go unhonored have produced a steady volume of legitimate claims.
Anti-SLAPP and defamation defense. The Texas Citizens Participation Act allows early dismissal of suits that target protected speech, petitioning, and association, and it carries mandatory fee-shifting when it applies. It also runs on short, jurisdictional deadlines, and its availability in federal court remains an open question after the Fifth Circuit's treatment of the issue. We handle TCPA motions and defamation defense at trial and on appeal, and we accept referrals from other firms on both.
Frequently asked
General information about Texas law, not legal advice for your situation.
How does the Texas anti-SLAPP statute work?
The Texas Citizens Participation Act lets a defendant move to dismiss a legal action that is based on or in response to the exercise of the right of free speech, the right to petition, or the right of association. The motion must be filed within a short window after service, discovery is generally stayed once it is filed, and the burden then shifts through a defined framework. If the motion succeeds, an award of attorney's fees and costs to the movant is mandatory — which is what makes the statute consequential rather than procedural.
Does the Texas anti-SLAPP statute apply in federal court?
The Fifth Circuit has held that the TCPA does not apply in federal court in diversity cases, treating its dismissal mechanism as procedural rather than substantive for Erie purposes. That creates a meaningful forum dynamic: the same defamation claim can carry a fee-shifting early dismissal remedy in state court and none in federal court. Removal strategy therefore matters a great deal in these cases, and it is one of the first questions we analyze.
What is the statute of limitations on a DTPA claim in Texas?
Generally two years from the date the deceptive act occurred or from when the consumer discovered or reasonably should have discovered it, with a limited extension available in some circumstances. The DTPA also requires written notice to the defendant before suit in most cases, which needs to be factored into the timeline. Because discovery-rule questions are fact-specific, an early assessment is worth more than a general answer.
I have a problem with a solar panel company. Do I have a claim?
Possibly. The recurring patterns we see involve savings representations that did not match the system installed, financing terms that were not disclosed or were misrepresented at the door, installations that damaged a roof, systems that never produced as promised, and warranty obligations that went unhonored — sometimes because the installer has since gone out of business. Whether that supports a DTPA claim depends on what you were told, what you signed, and who is still solvent. We offer a free initial consultation to assess it.
Do you take cases on contingency?
It depends on the matter. Some claims — particularly consumer and injury matters — are suited to a contingent fee. Business and property disputes are more often handled hourly or on a hybrid arrangement, because the outcome sought is frequently non-monetary. We will discuss fee structure candidly at the initial consultation, and if we take a matter on contingency the agreement will state clearly whether you remain responsible for case expenses and litigation costs separate from fees.
Writing on litigation
We are still writing the first posts in this area. Browse everything published so far, or ask us your question directly on a free consultation.
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