Clayton Bailey

Bailey Brauer - Texas

Partner

8350 N. Central Expressway, Suite 650
Dallas, Texas 75206

+1 214 360 7433

Local Litigation Star


Practice area:

Commercial
Competition/antitrust
International arbitration


Since co-founding the litigation boutique Bailey Brauer in 2013, Clayton Bailey has saved his trial and appellate clients more than $500 million in potential exposure. His impressive record has also resulted in professional accolades including being named a Litigation Star by Benchmark Litigation each year since 2015 and selection to the National Law Journal’s 2017 Elite Boutique Trailblazers list. Mr. Bailey also has been honored by Best Lawyers in America, Texas Super Lawyers and has earned several individual and firm honors from BTI Consulting Group.


Mr. Bailey’s practice focuses on complex tort and commercial litigation matters. His experience includes handling contract disputes, business torts, RICO, employment law, trade secrets, deceptive trade practices, fraud, breach of fiduciary duty, antitrust, unfair business practices, Packers and Stockyards Act, and wrongful death. Mr. Bailey’s litigation experience also includes successfully defending against putative class actions and mass action lawsuits. He has tried several cases in federal district and bankruptcy courts, as well as state courts throughout the country. He has significant experience briefing and arguing appeals before various federal and state appellate courts.


In addition to being recognized by his peers as one of The National Trial Lawyers’ Top 100 civil plaintiff lawyers in Texas, Mr. Bailey is a member of invitation-only professional organizations including the Federal Bar Association and Litigation Counsel of America. He served as a primary contributor to the first edition of the American Bar Association’s 2019 release of the Agriculture and Food Handbook, which provides a comprehensive review of regulatory, antitrust, and consumer protection issues affecting the food and agriculture industries. Mr. Bailey graduated magna cum laude from Baylor University and was elected a member of Phi Beta Kappa. He graduated cum laude from the Southern Methodist University School of Law, where he served as editor in chief of a law journal.


Representative Cases:

  • Requena v. Pilgrim’s Pride Corp., Case No. 9:20-cv-00147, U.S. District Court for the Eastern District of Texas (lead counsel for Pilgrim’s Pride Corp. in one of the first COVID-19 death cases filed against an employer)
  • In re Broiler Chicken Antitrust Litig., Case No. 1:16-cv-08637, U.S. District Courtfor the Northern District of Illinois (represents Pilgrim’s Pride Corp. in consolidated class actions alleging an antitrust conspiracy to reduce output and raise chicken prices)
  • Butchertown Neighborhood Ass’n, Inc. v. Louisville Metro Bd. of Zoning Adjustment, 2015 WL 4153630 (Ky. Ct. App. July 10, 2015) (defeated claims raised by neighborhood activists against major pork processing plant located near downtown Louisville, Kentucky)
  • Agerton v. Pilgrim’s Pride Corp., 728 F.3d 457 (5th Cir. 2013) (reaffirmed 5th Circuit’s ruling in Wheeler, reversed trial court’s ruling and rendered judgment in Pilgrim’s favor)
  • Clinton Growers v. Pilgrim’s Pride Corp., 706 F.3d 636 (5th Cir. 2013) (defeated claims of over 100 plaintiffs after modifying adverse Arkansas law)
  • Wheeler v. Pilgrim’s Pride Corp., 591 F.3d 355 (5th Cir. 2009) (en banc) (recognized as “tidal wave” opinion and cemented the law protecting the agribusiness industry)


Updated Aug 2021