Seth J. Toups

Seth is a commercial litigator whose strength lies in knowing not only how to fight a case, but how to position it to win. He represents corporations, businesses, professionals, and individuals in complex disputes involving commercial transactions, fraud, construction, professional liability, real estate, labor and employment, transportation, and appellate matters. In practice, Seth has obtained multiple favorable rulings in state and federal courts across the country, including securing several dismissals with prejudice, summary judgments, appellate affirmances, and arbitration victories, as well as parachuting into, troubleshooting, and repositioning highly contentious matters for trial and/or amicable resolution.

Seth brings an unusually versatile approach to advocacy. Before becoming a litigator, Seth worked in Los Angeles as a professional stand-up comedian and writer for digital media, television, and live sketch comedy. Additionally, Seth worked as a choreographer for multiple country-music artists, including a project nominated for Video of the Year at the 2019 Academy of Country Music Awards. These experiences sharpened his ability to read audiences, think on his feet, and distill complicated issues into clear and persuasive narratives. Seth leverages these skills towards the result that best serves his client. 

While enrolled at South Texas College of Law Houston, Seth was a member of the South Texas Law Review while simultaneously competing in nine varsity mock trial and moot court competitions, reaching the finals three times and earning selection to the Order of the Barristers. As an undergrad at Texas A&M University, Seth was deeply involved in campus leadership, including the Corps of Cadets, Student Senate, Ross Volunteers, and Aggie Wranglers. He received the Buck Weirus Spirit Award for his contributions to the university. 

• Defeated enforcement of an employer’s arbitration agreement in an FLSA collective action, obtaining a ruling that the agreement was substantively unconscionable, thus allowing the employees’ claims to proceed in federal court.
• Successfully briefed and obtained affirmance of favorable trial court judgments on appeal, including the affirmance of summary judgment in a personal injury and premises liability action.
• Vacated a federal default judgment entered against a transportation-industry client and thereafter obtained dismissal with prejudice under Rule 12(b)(6) of all the plaintiff’s state law claims asserted against the client.
• Obtained traditional summary judgment for a real estate agent sued by her former client for breach of contract and fraud arising from the attempted purchase of a multimillion-dollar commercial property.
• Prevailed at a final AAA arbitration hearing in an FLSA action concerning an entertainment venue’s misclassification of workers as independent contractors rather than employees.
• Obtained traditional summary judgment in Cameron County district court for a seller’s brokerage against claims brought by property purchasers.
• Successfully repositioned and resolved a complex, multi-year, multi-party fraud dispute among entities involved in the construction, ownership, and management of a commercial condominium development.
• Obtained four separately contested summary judgment victories on behalf of real estate broker, including on attorneys’ fees, in a professional malpractice, fraud, and DTPA action arising from a residential property transaction.
• Successfully challenged personal jurisdiction through a special appearance on behalf of an out-of-state client in a commercial property dispute, resulting in dismissal of the client from the action.
• Strategically repositioned and creatively resolved a highly contentious fraud dispute arising from the restoration of an exceptionally rare, vintage, and high-value Ford pickup truck.
• Prosecuted and successfully resolved a substantial FLSA collective action on behalf of Iowa workers misclassified as independent contractors.