Melanie L. Fry

Member

Melanie L. Fry leads the Firm’s appellate practice in San Antonio and serves as the Practice Group Leader of Dykema's Commercial Litigation Group. She has briefed and won cases in the Texas Courts of Appeals, the Supreme Court of Texas, the United States Court of Appeals for the Fifth Circuit, and the Supreme Court of the United States. Melanie has been recognized by Chambers USA 2023 for her appellate practice and clients describe Melanie as a “smart, well-respected appellate practitioner.”

In addition, Melanie regularly handles case dispositive motions and jury charges. Clients rely on Melanie to provide superior legal research and drafting, powerful advocacy, and guidance through the litigation and appellate process.

Melanie gave her first appellate oral argument after being licensed to practice law for less than a year and a half. She is a trusted resource for clients and other attorneys on issues of procedure and pretrial motion practice, and is often sought out for her insightful legal analysis and effective writing. Her experience includes high-stakes matters such as personal injury and product defects, contract and business tort claims, consumer financial services disputes, and oil and gas law. Melanie has represented clients in state and federal courts and arbitrations in Texas, California, Colorado, Illinois, and New York.

Prior to joining the firm, Melanie was a law clerk to the Honorable Don R. Willett, Justice, Supreme Court of Texas. Melanie earned a B.A. summa cum laude from Abilene Christian University and a J.D. cum laude from Baylor University School of Law, where she was Technical Editor of the Baylor Law Review and the winner of numerous oral advocacy awards.

Education

- Baylor University School of Law, J.D., cum laude, 2009, Baylor Law Review, Technical Editor
- Abilene Christian University, B.A., summa cum laude, 2006, University Scholar, Presidential Scholar, Honor Woman

Bar and Court Admissions

Bar Admissions
- Texas, 2009
Court Admissions
- U.S. Supreme Court
- U.S. Court of Appeals, Fifth Circuit
- U.S. District Court, Northern District of Texas
- U.S. District Court, Eastern District of Texas
- U.S. District Court, Western District of Texas
- U.S. District Court, Southern District of Texas

Professional Recognition

- Recognized by The Best Lawyers in America^® for Appellate Practice; Commercial Litigation, 2021-2024
- Named a Texas Leading Lawyer in Litigation: Appellate by Chambers USA, 2023
- Recognized by San Antonio Magazine in "San Antonio's Top Attorneys" for Appellate, 2019-2023
- Selected to the San Antonio Business Journal 40 Under 40 List, 2022
- Recognized by S.A. Scene in “San Antonio’s Outstanding Women in Law” 2021, 2022
- Recognized in Texas Super Lawyers^® for Appellate and Business Litigation, 2019-2020
- 2019 Recipient of the Belva Lockwood Outstanding Young Lawyer Award, Bexar County Women’s Bar
- Selected as a member of the Bexar County Women's Bar Foundation's LEAD Academy's class, 2018
- Recognized by S.A. Scene as a "Rising Star Lawyer"
- Recognized by S.A. Scene in "San Antonio’s Best Lawyers" for Appellate Law, 2014
- American Bar Association National Appellate Advocacy Competition, National Best Advocate, Top 10, Regional Champion, 2008
- Mack Kidd Moot Court Competition, Champion, Best Speaker, Top 4, 2008
- Dawson & Sodd Moot Court Competition, Best Oral Advocate, 2007

Affiliations

- Greater San Antonio Chamber of Commerce, Leadership San Antonio, Class 45
- Federal Bar Association, San Antonio Chapter
- San Antonio Young Lawyers Association
- Bexar County Women's Bar Association, Director, 2018-2021
- San Antonio Bar Association
- American Bar Association
- Dykema Associate's Committee (2014-2015)

Community

- Named a Fellow of the Texas Bar Foundation, 2017
- San Antonio North Chamber Leadership Lab
- Sunset Ridge Church of Christ Foundation Board Member, 2016-2017
- Organizer, firm-wide Day of Service at the Brooke Army Medical Center Fisher House, a home for families of injured veterans, July 11, 2014

San Antonio 210-554-5546

Areas of client focus

Practices

Litigation Appellate and Critical Motions Commercial Litigation Asbestos and Toxic Tort Pro Bono

Industries

Oil and Gas

Latest News and Insights

Press Releases3.13.24

Dykema Successfully Defends Nissan North America, Inc. in Product Liability Case in Houston

The Dykema team of Michael Carey, Daniela Gonzales Aldape, Clay Cossé, Melanie Fry, and Mickey…

Press Releases3.12.24

Dykema Secures Reversal and Remand for Housing Investor as Fifth Circuit Overturns Jury Decision in High-Stakes Real Estate Dispute

The United States Court of Appeals for the Fifth Circuit reversed and remanded judgment in the…

Press Releases9.4.23

28 Dykema Attorneys Included in "San Antonio's Top Attorneys 2023" by San Antonio Magazine

Dykema, a leading national law firm, is pleased to announce that 28 of its attorneys are listed as…

Lead appellate counsel for regional bank in multi-million dollar dispute over a construction loan agreement, resulting in judgment award for our client and award of attorney’s fees. In re: Imperial Hospitality Group, LLC v. Vantage Bank Texas, No. 4:20-CV-3231 (S.D. Tex. Aug. 3, 2021).
First-chair trial and appellate counsel for officers and directors of an Austin-based corporation in a shareholder derivative action, resulting in dismissal of all claims and an award of attorney’s fees and sanctions. Roels v. Valkenaar, 03-19-00502-CV, 2020 WL 4930041 (Tex. App.— Austin Aug. 20, 2020, no pet.).
Lead appellate counsel for electric cooperative in preserving a key 2,200 acre lignite coal lease and affirming a damages award in favor of our client. Wheeler, Trustee of L&P Children’s Trust v. San Miguel Elec. Coop., Inc., 610 S.W.3d 60, 63 (Tex. App.—San Antonio 2020, pet. denied).
Lead appellate counsel for a top 50 U.S. bank in successful mandamus proceeding involving a mortgage dispute. In re CIT Bank, N.A., No. 14-19-00884-CV, 2020 WL 1528162 (Tex. App.—Houston [14th Dist.] March 31, 2020, no pet.).
Primary draftsman of successful Plea to the Jurisdiction on behalf of the San Antonio Water System, the City of San Antonio, the mayor, and the city council in contract procurement dispute. Renda/Southland JV, et al v. San Antonio Water System, et al., No. 2018-CI-18329, in Bexar County District Court (Oct. 12, 2018).
Lead appellate counsel for financial service provider and commercial lender in dispute over construction trust funds, resulting in complete victory for the client and one of the first appellate decisions to affirm the lender exemption for factoring companies. Dakota Util. Contractors, Inc. v. Sterling Commercial Credit, LLC, 583 S.W.3d 199 (Tex. App.— Corpus Christi 2018, pet. denied).
Lead appellate counsel for Houston-based petroleum, natural gas, and natural gas liquids exploration and production company in successful appeal involving a lease dispute. Martin v. Newfield Expl. Co., No. 13-17-00104-CV, 2018 WL 1633574 (Tex. App.—Corpus Christi Apr. 5, 2018, pet. denied).
Lead appellate counsel in successful mandamus action to the Thirteenth Court of Appeals resulting in vacatur of trial court’s orders. In re Plainscapital Bank, No. 13-16-00592-CV, 2017 Tex. App. LEXIS 2584 (Tex. App.—Corpus Christi Mar. 27, 2017, orig. proceeding).
Primary draftsman of successful brief in opposition to petition for writ of certiorari in the Supreme Court of the United States. Cahue v. Martinez, No. 16-582, 2017 U.S. LEXIS 1795 (2017).
Appellate counsel in Supreme Court of Texas victory that created new law in Texas regarding the grounds for vacating an arbitration award under the Texas Arbitration Act. The opinion, issued May 20, 2016, received wide publicity. Justice Don Willett wrote separately to “underscore the significance of today’s decision,” acknowledging that the opinion created new precedent on an unsettled issue of Texas law. Hoskins v. Hoskins, 497 S.W.3d 490 (Tex. 2016).
Assisted with appeal to the Fifth Circuit in a collective employment action contending violations of the Fair Labor Standard Act (“FLSA”). Appellate team successfully obtained enforcement of the parties’ arbitration agreement and established precedent concerning the intersection of arbitration principles and the FLSA. Reyna v. International Bank of Commerce, 839 F.3d 373 (5th Cir. 2016).
Primary draftsman of amici curiae brief in support of petitioner on behalf of select Members of Congress in the Supreme Court of the United States. Following the filing of the brief, a favorable settlement was reached for the petitioner.
Drafted and argued motions to dismiss based on ERISA preemption resulting in dismissal of the vast majority of plaintiff’s claims against the client. Kennedy Krieger Inst., Inc. v. Brundage Mgmt. Co., No. 5:15-CV-162-DAE, 2015 U.S. Dist. LEXIS 155702 (W.D. Tex. Nov. 18, 2015).
Drafted and argued prevailing motion for summary judgement in Pentech Funding, LLC v. Carl Dominguez and Horizon Perfusion, P.A., No. 2014-CI-09030 (March 18, 2015) in Bexar County District Court, achieving a take-nothing judgment in favor of the client.
Appellate counsel in successful mandamus action resulting in an order dismissing all of plaintiff’s claims against client. In re Old Am. Cty. Mut. Fire Ins. Co., No. 13-14-00231-CV, 2014 Tex. App. LEXIS 10626 (Tex. App.—Corpus Christi Sept. 25, 2014, orig. proceeding).
Presented oral argument to the San Antonio Board of Adjustment in high-profile hearing on April 7, 2014 related to a large San Antonio construction project on behalf of developer-client.
Appellate counsel and draftsman in Thirteenth Court of Appeals appeal that achieved reversal of two orders granting summary judgments. Counsel Fin. Servs. v. Leibowitz, No. 13-12-00103-CV, 2013 Tex. App. LEXIS 9252 (Tex. App.—Corpus Christi July 25, 2013, pet. denied).
Primary draftsman of successful Petition for Writ of Mandamus enforcing a forum selection clause. In re Counsel Fin. Servs., No. 13-12-00151-CV, 2013 Tex. App. LEXIS 9255 (Tex. App.—Corpus Christi July 25, 2013, orig. proceeding).
Primary draftsman and appellate counsel in Fourth Court of Appeals victory upholding enforcement of a settlement agreement, in which appellate court accepted all arguments espoused in the brief. Maroy Int’l, Inc. v. Cantu, No. 04-12-00193-CV, 2013 Tex. App. LEXIS 2880 (Tex. App.—San Antonio Mar. 20, 2013, pet. denied).

San Antonio 210-554-5546

Areas of client focus

Practices

Litigation Appellate and Critical Motions Commercial Litigation Asbestos and Toxic Tort Pro Bono

Industries

Oil and Gas

03.13.24

Dykema Successfully Defends Nissan North America, Inc. in Product Liability Case in Houston

Press Releases

The Dykema team of Michael Carey, Daniela Gonzales Aldape, Clay Cossé, Melanie Fry, and Mickey Stevens successfully defended Nissan North America, Inc. in a three-week jury trial in Houston, Texas.
03.12.24

Dykema Secures Reversal and Remand for Housing Investor as Fifth Circuit Overturns Jury Decision in High-Stakes Real Estate Dispute

Press Releases

The United States Court of Appeals for the Fifth Circuit reversed and remanded judgment in the appeal of Clapper et al. v. American Realty Investors Inc. et al. Dykema had appealed the jury decision…
09.04.23

28 Dykema Attorneys Included in "San Antonio's Top Attorneys 2023" by San Antonio Magazine

Press Releases

Dykema, a leading national law firm, is pleased to announce that 28 of its attorneys are listed as "San Antonio's Top Attorneys 2023" by San Antonio Magazine.
08.17.23

194 Dykema Lawyers Listed in The Best Lawyers in America® 2024 and Best Lawyers “Ones to Watch”

Press Releases

Dykema, a leading national law firm, announced today that 194 of its attorneys, in multiple practice areas and markets, have been recognized in The Best Lawyers in America© 2024 guide and the Best…
06.01.23

Dykema Earns 16 Practice Area Rankings and 29 Individual Rankings in Chambers USA 2023

Press Releases

Dykema, a leading national law firm, announced today that it received 29 individual attorney rankings and 16 practice area rankings in the 2023 edition of Chambers USA: America’s Leading Lawyers for…
03.30.23

The Trial Lawyer's Secret Weapon: The Embedded Appellate Lawyer

Dykema Litigation Institute Webinars

Join our distinguished panel of Dykema's Trial Lawyers and Appellate Lawyers as they reveal how to stack the deck by effectively embedding appellate counsel in pre-trial and trial teams in this…

View All

San Antonio 210-554-5546

Areas of client focus

Practices

Litigation Appellate and Critical Motions Commercial Litigation Asbestos and Toxic Tort Pro Bono

Industries

Oil and Gas

Melanie L. Fry

Bar Admissions

Court Admissions

Contact

Areas of client focus

Practices

Industries

Latest News and Insights

Contact

Areas of client focus

Practices

Industries

Dykema Successfully Defends Nissan North America, Inc. in Product Liability Case in Houston

Press Releases

Dykema Secures Reversal and Remand for Housing Investor as Fifth Circuit Overturns Jury Decision in High-Stakes Real Estate Dispute

Press Releases

28 Dykema Attorneys Included in "San Antonio's Top Attorneys 2023" by San Antonio Magazine

Press Releases

194 Dykema Lawyers Listed in The Best Lawyers in America® 2024 and Best Lawyers “Ones to Watch”

Press Releases

Dykema Earns 16 Practice Area Rankings and 29 Individual Rankings in Chambers USA 2023

Press Releases

The Trial Lawyer's Secret Weapon: The Embedded Appellate Lawyer

Dykema Litigation Institute Webinars

Contact

Areas of client focus

Practices

Industries