Eric S. Lipper

Eric S. Lipper

by Onyinyechi Muilenburg

Eric Lipper is a trial lawyer, born and raised in Houston, Texas.

He graduated from the University of Texas in 1986 and from Washington University Law School in St. Louis in 1988. After law school, Eric worked for Congressman Michael Andrews before joining Hirsch & Westheimer in 1989. In addition to simply trying to work harder than the next guy, Eric has always been fascinated with all things mechanical and those interests have helped him in all parts of the legal practice.

Eric has extensive experience in all aspects of both the real estate and construction industries from the physical development of residential and retail sites to litigation surrounding operational issues, environmental problems, financing, leasing, sales and defects. He has personally roofed houses, framed buildings, built cabinetry, installed wiring and plumbing and performed virtually all other forms of property maintenance. As a result, Eric is frequently chosen by general contractors, owners and developers to handle real estate and construction matters.

As Texas recovered from the crash of the 1980’s, it was hard to find a litigator who did not have some matter involving a financial institution. Under Eric’s guidance, Hirsch & Westheimer expanded its financial institution practice to eventually represent some of the largest financial institutions in Texas and the United States. He litigated promissory note cases, check cases, injunction cases, securities fraud cases and virtually every other operational matter that a retail bank would face. Eric’s knowledge of banking and financial institution is recognized by his financial institution clients and he is often tapped to handle matters even outside of Texas.

Eric learned a lot about the oil patch growing up in Houston. When a client approached him about a downhole well failure twenty years ago, Eric identified the cause was the loss of the bit and immediately set out to achieve the right result for his client. His energy practice has since involved everything from litigation over prospects, overrides, joint operating agreements, and lease disputes to the ultimate transportation of the product. Eric has also handled royalty and payment disputes for both the royalty owner and the operator. Almost all of Eric’s energy practice has been devoted to practical solutions to the problems owners and operators face day to day.

As an accomplished trial lawyer, licensed pilot and mechanic, Eric brings a unique perspective to the litigation surrounding air crash and aviation-related commercial trial work. Over the last 25 years he has personally worked on crash cases for Mooneys, Bonanzas and MU-2s and currently flies Aerostar N702RJ. His aviation experience also includes non-crash aircraft related matters such as ramp rash damage, turbine and piston engine failures and airframe repair problems. Eric will also review and prepare aircraft and hangar leases. He can also handle your paperwork directly with the FAA in Oklahoma for the purchase or sale of your aircraft and all other general business matters that arise for aircraft owners, charter operators and maintenance companies.

On the “all things mechanical” front Eric has also rebuilt boats and restored automobiles. Those experiences lead him to represent virtually all aspects of the marine industry from the Marinas to the boatyards to the vessel owners. Whether it is purchasing, selling or repairing, Eric knows how to get the paperwork done and the contracts negotiated so that time can be spent on the water. Nevertheless, if litigation is the solution to the problem he can easily explain to a jury why there is a problem.

  • Oil and Gas
    • Obtained a favorable jury verdict where the jury awarded the Plaintiff a negative recovery over the violation of the provision in a joint operating agreement requiring the uniform maintenance of interest;
    • Obtained a favorable jury verdict where the jury found that his client had maintained continuous operations without cessation for more than 60 days and preserved the lease;
    • Obtained a favorable jury verdict where the jury found that the disposal of drilling mud in the reserve pit did not contaminate or cause damage to the surface owners estate;
    • Obtained a favorable jury verdict on a casing collapse case against the driller despite the release language contained in the day work contract; and
    • Obtained a favorable judgment after a bench trial where the court ruled that the coal bed methane was owned by Eric’s client.
  • Real Estate
    • Obtained a favorable jury verdict in favor of the property owner that it was not liable for the gunshot wound to the tenant inflicted by the on-site property manager;
    • Obtained a favorable jury verdict for the landlord that his captive leasing agent did not misrepresent the terms of the lease;
    • Obtained a favorable jury verdict for the landlord against the tenant for breach of the lease despite the fact that the tenant had moved out with the consent of the landlord;
    • Obtained a favorable result for the homeowner after a bench trial over the construction defects in a residence; and
    • Obtained a favorable settlement for a property owner for the clean-up costs from a perc contamination case.