Misty Hataway Coné

Misty Hataway Coné

Administrative Shareholder - Houston

  • Civil Appellate
  • Civil Litigation
  • Commercial Litigation
  • Insurance Coverage Litigation
  • Local Government
  • Premises Liability Litigaiton

Misty Coné has years of experience in the areas of appellate practice, business and commercial litigation and insurance coverage and defense. This experience includes first-party and third-party insurance litigation, multi-million dollar commercial litigation disputes, personal injury suits and public law matters. Mrs. Coné's commercial litigation practice includes representing banks and other financial institutions in foreclosure proceedings, loan modifications, and EFTA litigation. Her appellate practice includes representing clients throughout Texas intermediate courts of appeal, the Texas Supreme Court, the Southern District of Texas, the Fifth Circuit Court of Appeals, and before the United States Supreme Court. Mrs. Coné has been an integral member of the firm's Halliburton team, working in connection with all civil litigation and investigations concerning BP's Macondo well blowout (Deepwater Horizon) in the Gulf of Mexico.

Reflecting the excellence of her practice, Misty has been selected to the list of "Houston's Top Lawyers" by H Texas Magazine since 2012, and has received "Texas Rising Stars" honors from Thomson Reuters for 8 consecutive years (2009-2016), recognizing the top young attorneys in the State of Texas.

To Print Misty Coné’s Full Bio Click Here

View Misty Coné’s LinkedIn Profile Here.

View Misty's Coné's Super Lawyers® Profile Here.

  • Representative Experience

    Representative Experience

    Appellate Law

    • Experience includes post-trial motion practice, appellate briefing, motions for rehearing, and representing clients’ interests in discovery disputes and mandamus proceedings.

    • Presented appeal regarding premises liability claim and related negligence issues to client satisfaction.

    • Successfully upheld defense judgment in an admiralty dispute following bench trial.

    • Successfully upheld grant of summary judgment in breach of contract dispute regarding oil and gas development agreement.

    • Successfully upheld grant of summary judgment in suit on a sworn account.

    • Successfully upheld grant of summary judgment regarding dispute over life insurance proceeds as it related to an alimony obligation.

    • Successfully prepared and argued numerous motions for summary judgment concerning disputes related to insurance coverage for alleged Hurricane Ike damages.

    • Presented appeal regarding tax dispute concerning the alternative minimum tax to clients’ satisfaction.

    • Successfully upheld grant of summary judgment based upon the Texas Tort Claims Act.

    Insurance Coverage and Litigation

    • Coverage counsel for major insurance carrier on Oakland Rider litigation in California. Retained for the preparation of coverage opinion arising from Section 1983 litigation against the City of Oakland. After issuing a reservation of rights, I oversaw and monitored litigation, including monitoring discovery and trial.

    • Represented various insurance carriers, including Liberty Mutual Insurance Company, Allstate Fire & Casualty Insurance Company, Everest National Insurance Company, Firemen's Fund Insurance Company, Underwriters at Lloyd's of London, Chubb Lloyd's Insurance Company, American Modern Insurance Company, and American Modern Home Insurance Company, among others.

    • Litigated various types of insuring agreements, including Homeowner's Standard Form A, HO-A, HO-B, AFH-1, and HO-C, with various accompanying endorsements; CGL, excess and umbrella policies with both a claims made and occurrence coverages; and various errors and omissions policies for professional liability.

    • Litigated multi-million dollar coverage dispute on behalf of carrier pertaining to water damages at theatre complex arising from Tropical Storm Allison.

    • Litigated million dollar coverage dispute related to water damage arising from installation of EIFS on custom home in The Woodlands.

    • Litigated protracted litigation arising from policy dispute related to fire damage at major Houston skyscraper. Key issues concerned additional insured status, scope of indemnity for "insured contracts" and related issues.

    • Represented clients in policy dispute against Insurance Company for related to coverage under Securities Broker/Dealer and Registered Representative Errors and Omissions Policy.

    • First Party insurance litigation and counsel, including preparation of coverage opinions and prosecution of declaratory judgment actions.

    • Successfully presented a motion for summary judgment based upon the Texas Tort Claims Act to the client’s satisfaction.

    • Third Party insurance defense, including defense of personal injury suits.

    • Successful motion for summary judgment under homeowner’s policy for coverage for mold related damages.

    • Successfully obtained summary judgment regarding duty of carrier to offer UM UIM.

    Business and Commercial Law

    • Successfully presented a motion for summary judgment related to breach of contract claim for indemnification and provision of insurance under service agreement.

    • Successfully presented motion for summary judgment on breach of contract claim for third party indemnification under multi-million dollar agreement.

    • Various motions and original proceedings related to enforcement of arbitration clauses in business contracts.

    • Successfully represented investment banking firm in litigation arising from alleged violation of E/O policy.

    • Successfully represented financial institution in foreclosure proceedings.

    • Successfully represented financial institution in EFTA class action.

    Public Law

    • Represented school district through administrative hearings, federal district court and appellate court proceedings regarding school uniform policy adoption and implementation.

    • Represented major Texas city in litigation concerning scope of sovereign immunity. Plaintiff was involved in motor collision near newly opened mall and filed suit against the City, State and others for negligence and gross negligence under a theory of joint enterprise. Successfully obtained summary judgment before the trial court. The Fort Worth court of appeals reversed, but we were able to successfully obtain a reversal and rendition by the Texas Supreme Court.

    • Represented several school districts before the Texas Education Commission and State Board of Educator Certification in litigation and administrative matters related teacher employment, termination, and probation.

    • Represented families before the University Interscholastic League ("UIL") pertaining to student participation in varsity UIL athletic activities.

    • Responded on behalf of cities and agencies to hundreds of Texas Open Meetings and Texas Open Records Act requests. Also represented cities and municipalities in litigation related to the same.

    • Prepared 50-state analysis of governmental immunity for states, cities, and local governing agencies for insurance client.

  • Presentations & Publications

    Presentations & Publications

    • Co-author, State Created Danger Doctrine, published by the Defense Research Institute, 2002
    • Co-author/Presenter: Labor and Employment Issues in Education, TASB Convention, 2003
    • Co-author, The New Litigator's Guide to Trial Practice: Courtroom Ethics, National Business Institute, 2008
    • Co-author, The New Litigator's Guide to Trial Practice: Lessons From Seasoned Litigators, National Business Institute, 2008
    • Networking in the Social Media Age: Do's, Don't's and Do I Have To?, Presented to South Texas College of Law, March 2016
  • Honors & Awards

    Honors & Awards

    • Eight-time selection to the list of Thomson Reuters' "Texas Rising Stars" as published inTexas Monthly and Texas Super Lawyers (Rising Stars Edition) magazines, 2009 to 2016, a designation given to lawyers in the top 2.5% of Texas attorneys who are under 40 years old or younger who are viewed by their colleagues as preeminent in their respective practice areas.
    • Five-time selection to the list of "Houston's Top Lawyers", 2012-2016 by H Texas Magazine
    • Selected to "Top Lawyers in Houston" by Houstonia Magazine, 2015
  • Admitted Practice

    Admitted Practice

    • State Courts of Texas
    • U.S. Supreme Court
    • U.S. Court of Appeals, Fifth Circuit
    • U.S. District Court for the Southern District of Texas
    • U.S. District Court for the Eastern District of Texas
  • Member


    • Houston Bar Association
    • Houston Bar Association: Appellate Section - Member
    • Houston Bar Association: Oil and Gas Section - Member
    • Houston Bar Association: Campaign for the Homeless Committee
    • Houston Bar Association: AIDS Awareness Committee
    • Member, Bar Association of the Fifth Federal Circuit
    • State Bar of Texas, Insurance Law and Appellate Law Sections
    • State Bar of Texas, Women in Law Section
    • Texas Supreme Court Historical Society
    • Texas Bar Foundation, Fellow
  • Education


    • South Texas College of Law (J.D., 2001)
    • South Texas Law Review, Assistant Managing Editor (2001)
    • South Texas Law Review (1999 - 2001)
    • South Texas College of Law Board of Advocates, Varsity Advocate (2000 - 2001)
    • Texas A&M University (B.A., 1998)
    • National Champion, University of Wisconsin Constitutional Law Moot Court, Oralist & Best Brief
  • Community


    • Texas A&M Former Student Association - Century Club Member
    • Texas A&M 12th Man Foundation - Member
    • Volunteer Manager/Coach Challenge South Soccer Club
    • Volunteer Committee Member, Cub Scout Pack 268
    • South Texas College of Law Alumni Association
    • Regular contributor to http://www.smiletrain.org/, a charity organization for providing cleft palate surgery to those in need
    • The Houston A&M Club, Member
    • Deer Park Rotary Club, Member