Fabio Dworschak

Representative Experience

• Environmental Litigation & Appeals (Prior to Joining Miller Nash) Plus

  • Represented several states and territories in asserting common law and statutory claims related to PFAS contamination arising from AFFF.

  • Represented states against chemical manufacturers in actions arising from environmental contamination stemming from their facilities.

  • Obtained a favorable decision for the Attorney General of Guam in the United States Supreme Court in a CERCLA action against the United States to recover the costs of removal and remedial actions incurred by Guam due to military contamination and operations on the island for decades. The decision, Territory of Guam v. United States, can be found here.

  • Represented cylinder manufacturer in a challenge to a final EPA rule banning use of non-refillable cylinders in the United States Court of Appeals for the District of Columbia.

• Commercial Litigation (Prior to Joining Miller Nash) Plus

  • Successfully defended a national company in a bench trial victory via a motion for directed verdict.

  • Obtained favorable outcome for a port and railroad company through a settlement based on a suit for breach of contract and warranty arising from purchase of locomotive fleet.

  • Obtained favorable dismissal of mortgage company client in a multimillion-dollar dispute over the acquisition of real property in Texas.

• Regulatory (Prior to Joining Miller Nash) Plus

  • On behalf of industrial clients, wrote comments to EPA proposed rules relating to NEPA and RCRA.

• Pro Bono (Prior to Joining Miller Nash) Plus

  • Representing a client wrongfully arrested for peacefully protesting in a suit based on the US and Louisiana constitutions, federal and state law, and common law against the city, police department, sheriff’s office, district attorney, and several individual actors in federal court in Louisiana.

  • Obtained favorable decision for tenant client in the Texas First Court of Appeals in a landlord-tenant dispute arising from the Texas Property Code. Graustark Members II, LLC v. Minor, No. 01-19-647-CV (Tex. App.—Houston [1st. Dist.] 2020, no pet.).

  • Represented three public interest non-profits in an amicus brief supporting the Sixth Amendment right to an attorney at an initial bail determination hearing in an appeal before the United States Court of Appeals for the Fifth Circuit.

  • Obtained favorable settlement for a client in a breach of contract case based on sale of real property in Texas.

  • Obtained favorable settlement for a client in an adverse possession case in Texas.

  • Helped veterans and other Houstonians expunge their criminal records or prepare wills.

  • Represented asylum seekers and other migrants in appeals before the Board of Immigration Appeals and the United States Court of Appeals for the Second Circuit.