Ty M. Sheaks is the go to “fixer” for McCathern’s most difficult and high-exposure litigation matters. Additionally, Ty leads McCathern’s Restaurant & Hospitality Section given his unique background and intimate understanding of the range of legal issues in those industries.
Ty has extensive experience on a national level counseling business partners in a variety of civil and commercial litigation matters. Ty has successfully mediated, arbitrated, and tried numerous cases, including D&O liability claims, construction defect disputes, dram shop liability, premises liability claims, non-subscription defense, catastrophic personal injury claims, labor/employment disputes, toxic tort and products liability claims, medical malpractice claims, collections, and breach of contract actions. Additionally, Ty routinely advises his business partners in a wide range of transactional matters, business entity formation issues, and corporate governance.
After graduating from the University of Denver, Sturm College of Law, Ty was licensed to practice law in Texas in 2003 and is admitted to the United States District Courts of the Northern, Southern, and Eastern Districts of Texas. He is also admitted to practice pro hac vice and has litigated in state and federal courts nationwide, including in New York, New Jersey, Delaware, Illinois, Pennsylvania, Missouri, Ohio, North Carolina, South Carolina, Kentucky, and Utah.
Outside of the law, Ty implements McCathern’s mission of “Improving People’s Lives” by serving as an Advisory Board Member for the Circle Ten Council-Boy Scouts of America as well as serving on several committees for the Dallas Bar Association (DBA). For over ten years Ty volunteered as the assistant boys’ varsity lacrosse coach at Jesuit College Preparatory School. He is also an active member of the National Eagle Scout Association, Claims and Litigation Management Alliance (CLM), Defense Research Institute (DRI), State Bar of Texas, the Texas Restaurant Association (TRA), and the Greater Dallas Restaurant Association (GDRA). Ty is a respected source of insight and information presenting annually at national conferences for both the CLM and as a faculty member of the International Association of Venue Managers (IAVM).
In recognition of his accomplishments both in and out of the courtroom, the publishers of Texas Monthly and Texas Lawyers magazines named Ty a Rising Star in 2017 and again in 2018, an honor conferred on less than 2.5% of the attorneys in the State of Texas under the age of 40. Ty has also been named to the 2018 list of D Best Lawyers by Dallas area publication, D Magazine. However, Ty’s most coveted accomplishment is helping his wife raise their four children.
- Obtained rare granting of summary judgment for all claims asserted against his client in a catastrophic personal injury matter pending in Beaumont, TX where the Plaintiff (represented by Provost Umphrey) ultimately obtained a $32 million dollar verdict against the remaining defendant at trial.
- In Whisenhunt v. Lippincott, 416 S.W.3d 689 (Tex. App.—Texarkana 2013, pet. filed), Ty participated in successfully obtaining reversal of the trial court's dismissal of his client's tortious interference with existing and prospective business relations claims and a holding that the Texas Citizen Participation Act—Texas's anti-SLAPP statue—is inapplicable to purely private speech.
- Participated as part of trial team in defense of the National Football League, Dallas Cowboys Football Club, Ltd. and related entities during multi-week trial in District Court of Dallas County, TX involving personal injury claims allegedly sustained during Super Bowl XLV.
- Successfully defeated summary judgment motion against his client’s claims for discrimination and retaliation in District Court of Collin County, TX, which prompted favorable settlement for his client.
- Obtained dismissal of claims against his client based on arguments of forum non-conveniens in U.S. District Court, Southern District of Texas-Houston Division.
- Counseling client in development, construction and operation of Holiday Inn Express and Suites, including selection and formation of management entities and drafting and negotiation of related organizational agreements and contracts, negotiation of real estate acquisitions and related contacts, negotiation of franchise agreements and related contracts, and general legal and business advice concerning all aspects of operations and management balancing immediate and long-term priorities.
- Defending contractual arbitration claims to a take nothing award in a seven-day arbitration proceeding in Dallas, TX involving complex IT and database contractual issues when identical claims were the subject of a claimant’s award in a previous and nearly identical hearing involving different counsel.
- In Byrd v. DeLaSancha, 195 S.W.3d 384 (Tex.App.—Dallas 2006), the Appellate Court reversed and remanded the trial Court’s inappropriate decision to grant a directed verdict against Ty’s client based on the testimony he was able to elicit at trial.