Tracy J. Willi

Texas

Willi Law Firm, P.C.
5920 W. William Cannon Dr.
Building 6, Suite 100
Austin, TX 78749

Tel: (512) 288-3200

Email: twilli@willi.com
Web: www.atxelderlaw.com

Professional Biography

Tracy J. Willi is Board Certified in Civil Appellate Law by the Texas Board of Legal Specialization (since 2001) and is a Registered U.S. Patent Attorney. Ms. Willi has appeared at all levels of Texas state court including the Texas Supreme Court, and at all levels of federal court including Bankruptcy and District Courts, Fifth Circuit and Sixth Circuit Courts of Appeals, and the United States Supreme Court. Ms. Willi has over 30 years of experience representing clients on both sides of the lawsuit equation and at all stages of trial and appeal.

Ms. Willi is a member of the Appellate Practice Sections of the State Bar of Texas and the Austin Bar Association. From 2003 to 2005, she was appointed to serve as Chair of the Women in the Profession Committee of the State Bar of Texas. Many of her cases have generated reported decisions in state and federal court. She has been recognized as a Texas Super Lawyer each year since 2009.

Ms. Willi has a broad range of experience. She has litigated or appealed cases involving breach of settlement, construction defects, contracts, copyright infringement, defamation, fraud, heirship, homeowner’s association disputes, insurance coverage, invasion of privacy, malpractice, partnership disputes, patent infringement, personal injury, premises liability, product liability, real property, receivership, tortious interference with contract, trademark infringement, patent infringement, and will contests. She has represented clients in bankruptcy adversary proceedings and appeals regarding dischargeability, exemptions, and preferential transfers. In addition to her own litigation and appellate docket, she is often hired by other lawyers to handle time sensitive trial matters such as summary judgments, jury charges, post-judgment motions, interlocutory appeals, and petitions for writ of mandamus.

Most cases can and should be resolved prior to trial. Ms. Willi evaluates settlement strategies throughout her representation. Complex cases may require knowledge in several substantive areas of the law to develop a creative solution. Ms. Willi’s broad range of experience provides her clients with the best chance of resolving the dispute, while at the same time pursuing or defending the case to prepare for a trial on the merits.

Partial List of Reported Cases

  • Pool v. Diana, Case No. 03-08-00363-CV (Tex. App.—Austin 2010, pet. denied) (Mem. Op.) (Defended appeal of a probate matter to uphold trial court’s award of sanctions.  Obtained an award of additional sanctions on appeal.)
  • Torres v. Caterpillar, Inc., 928 S.W.2d 233 (Tex. App.—San Antonio 1996, writ denied) (Represented Caterpillar in a products liability case defending a favorable jury verdict.)
  • Dubai Petroleum Co. v. Kazi, 12 S.W.3d 71 (Tex. 2000) (Appeal involving subject matter jurisdiction of Texas courts over foreign cases involving wrongful death.)
  • Shook v. Walden, 304 S.W.3d 910 (Tex. App.—Austin 2010, no pet.) (Extraordinary proceeding to determine sufficiency of supersedeas bond.)
  • Tempest Broadcasting Corp. v. Imlay, 150 S.W.3d 861 (Tex. App.—Houston [14th Dist.] 2004, no pet.) (Interlocutory appeal of an order dismissing case for lack of personal jurisdiction.)
  • Huynh v. R. Warehousing & Port Services, 973 S.W.2d 375 (Tex. App.—Tyler 1998, no pet.) (Trucking accident. Obtained affirmance of trial court’s judgment.)
  • Burlington Northern R. Co. v. Taylor, 916 S.W.2d 12 (Tex. App.—Houston [1st Dist.] 1995, no writ) (Represented BN in an injury case involving punitive damages.)
  • Gonzales v. Trinity Industries, Inc., 7 S.W.3d 303 (Tex. App.—Houston [1st Dist.] 1999, pet. denied) (Car accident involving a condition on a property preventing proper line of sight for oncoming traffic.)
  • AIC Management v. Crews, 246 S.W.3d 640 (Tex. 2008) (Real property dispute involving sufficiency of property description.)
  • Torrington Co. v. Stutzman, 36 S.W.2d 511 (Tex. 2000) (Represented Bell Helicopter in appeal concerning joint liability and punitive damages in a multiple wrongful death action.)
  • Bechtel Corp. v. CITGO Products Pipeline Co., 271 S.W.3d 898 (Tex. App.—Austin 2008, no pet.) (Represented CITGO at trial and on appeal defending favorable jury verdict concerning damages to a pipeline when a contractor violated the One-Call Statute.)
  • Rivera v. Houston I.S.D., 349 F.3d 244 (5th Cir. 2003) (Appeal for wrongful death of a child due to a state created danger.)
  • Lewis v. Fresne, 252 F.3d 352 (5th Cir. 2001) (Appeal of dismissal for lack of personal jurisdiction.)
  • Smith v. Medical and Surgical Clinic Ass’n., 118 F.3d 416 (5th Cir. 1997) (Appeal of a summary judgment granted pursuant to the Federal Employers’ Liability Act (FELA).)
  • Daily v. Gusto Records, Inc., 14 Fed. Appx. 579, 582 (6th Cir. 2001) (Mem. Op.) (Issues involved fraud and conspiracy regarding payment of publisher royalties for exploitation of George Jones master recordings.)
  • King Records, Inc. v. Daily, Case No. 3:03cv1130 (M.D. TN 2007) (Issues involved copyright and ownership of George Jones Musicor master recordings pursuant to settlement agreement.)
  • Cerium Laboratories LLC v. Semi Analytics LLC. (Represented Cerium in a diversity action in the U.S. District Court for the Western District of Texas to obtain payment from an outside sales agent.  Upon the filing of an Application for Temporary Restraining Order and Preliminary Injunction requesting a freeze of assets based on a constructive trust, the case was settled to the mutual satisfaction of the parties.) (2012).
  • Ramirez v. Freddie Records, Inc. (2012) (Represented the appellees, copyright owners, in an appeal from a U.S. District Court for the Southern District of Texas judgment in their favor. The U.S. Court of Appeals for the Fifth Circuit affirmed the liability and damages findings for copyright infringement and remanded the case for further consideration of attorney’s fees.).
  • Tan v. Di Napoli. No. 03-11-00508-CV (2012) Represented the appellee in an appeal from a Travis County district court. The case involved an executory contract for the purchase of a luxury home in Austin, Texas. On appeal, the purchaser of the luxury home sought to recover over $1 million in additional statutory damages pursuant to section 5.085 of the Texas Property Code.  The Third Court of Appeals agreed with the appellee’s argument that no additional damages were available to the purchaser under the facts of this case.)
  • Innovative Automation LLC v. Audio and Video Labs, Inc.  Represented several defendants in a patent infringement lawsuit.  Judge Leonard Davis ordered one of the clients dismissed for improper venue.  The claims against the remaining clients were settled.  (2011–2012).
  • Saenz v. City of McAllen.  Appeal to the U.S. Court of Appeals for the Fifth Circuit for wrongful death of a mother who was enlisted by police to assist them in extricating her mentally ill son from his apartment, and who was shot in the crossfire.  Saenz v. City of McAllen, 2010 WL 3852358 (5th Cir. 2010), cert. denied, 131 S.Ct. 1815 (2011).
  • Pool v. Diana.  Represented the appellee before the Texas Third Court of Appeals.  The Court affirmed the probate court’s rulings regarding the will contest and the award of $109,500 in sanctions against the appellant and her attorneys.  The court of appeals awarded an additional $30,000 in penalties on appeal.  Pool v. Diana, No. 03-08-00363-CV (Tex. App.—Austin 2010, pet. denied) (Mem. Op.).
  • Shook v. Walden.  Extraordinary proceeding to determine sufficiency of a supersedeas bond.  Shook v. Walden, 304 S.W.3d 910 (Tex. App.—Austin 2010, no pet.).
  • Norra v. Harris County.  Represented a debtor in bankruptcy.  After a full trial, Judge Marvin Isgur issued an opinion finding the entire 5.0+ acre mobile home park and all of its mobile homes to be homestead exempt.  Norra v. Harris County, 421 B.R. 782 (S.D. Tex. 2009).
  • AIC Management v. Crews. Retained after this real property case had been lost at the trial court and at the court of appeals.  Appealed the case to the Texas Supreme Court, won the appeal, re-tried the case to a jury in Harris County, and won with a unanimous verdict.  AIC Management v. Crews, 246 S.W.3d 640 (Tex. 2008).
  • Bechtel Corp. v. CITGO Products Pipeline Co.  Represented CITGO in a jury trial and on appeal to recover damages from contractors for damage to a pipeline.  The jury awarded over $2.0 million in damages based, in part, upon violations of the Texas One-Call statute.  Bechtel Corp. v. CITGO Products Pipeline Co., 271 S.W.3d 898 (Tex. App.—Austin 2008, no pet.).
  • In re Rodriguez.  Represented the relator in a petition for writ of mandamus to the Texas First Court of Appeals regarding an arbitration provision.  In re Rodriguez, No. 01-07-00409-CV (Tex. App.—Houston [1st Dist.] 2007, orig. proceeding).
  • Tempest Broadcasting Corp. v. Imlay.  Interlocutory appeal of an order dismissing case for lack of personal jurisdiction.  Tempest Broadcasting Co. v. Imlay, 150 S.W.3d 861 (Tex. App.—Houston [14th Dist.] 2004, no pet.).
  • Rivera v. Houston I.S.D.  Appeal before the U.S. Court of Appeals for the Fifth Circuit involving the state-created danger theory of liability.  Rivera v. Houston I.S.D., 349 F.3d 244 (5th Cir. 2003).
  • Daily v. Gusto Records, Inc.  Appeal before the U. S. Court of Appeals for the Sixth Circuit involving issues of fraud and conspiracy regarding payment of publisher royalties for exploitation of George Jones master recordings.  Daily v. Gusto Records, Inc., 14 Fed. Appx. 579 (6th Cir. 2001) (Mem. Op.), cert. denied, 535 U.S. 928 (2002).
  • Torrington Co. v. Stutzman.  Represented Bell Helicopter before the Texas Supreme Court in an appeal concerning joint liability and punitive damages in a multiple wrongful death action.  Torrington Co. v. Stutzman, 36 S.W.2d 511 (Tex. 2000).
  • Dubai Petroleum Co. v. Kazi.  Appeal before the Texas Supreme Court involving subject matter jurisdiction of Texas courts over foreign cases involving wrongful death.  Dubai Petroleum Co. v. Kazi, 12 S.W.3d 71 (Tex. 2000).
  • Shamark Smith Ltd. v. Longoria. Appeal of defamation judgment. Obtained reversal of judgment from a jury trial. No. 03-14-00698-CV, (Tex. App. – Austin 2016, no pet.).
“With a practice centered on appellate law and estate planning, Tracy is widely trusted to guide clients through both preventative strategy and complex disputes. Clients value her ability to anticipate issues that may lead to future litigation, while peers highlight her board certification in civil appellate law and her depth of experience in will contests, trust litigation, and appeals at the highest levels.”
The Appellate Lawyers, 2025