Photo of Melanie L. Fry

Melanie L. Fry Member

Areas of Practice

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

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

Melanie L. Fry leads the Firm’s appellate practice in San Antonio. 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. In addition, Ms. Fry regularly handles case dispositive motions and jury charges. Clients rely on Ms. Fry to provide superior legal research and drafting, powerful advocacy, and guidance through the litigation and appellate process. 

Ms. Fry 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, Ms. Fry was a law clerk to the Honorable Don R. Willett, Justice, Supreme Court of Texas. Ms. Fry 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.

Experience

  • 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).

Memberships & Involvement

  • Federal Bar Association, San Antonio Chapter
    • President, 2015-2016
    • President-Elect, 2014-2015
    • Treasurer, 2013-2014
    • Secretary, 2012-2013
    • Board of Directors, 2016-2017
  • San Antonio Young Lawyers Association
  • Bexar County Women's Bar Association
  • San Antonio Bar Association
    • Appellate Section
  • American Bar Association
  • Dykema Cox Smith Associate's Committee (2014-2015)

Community/Civic Activities

  • 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
  • Selected as a member of the Bexar County Women's Bar Foundation's LEAD Academy's 2018 class
  • S.A. Scene, "Rising Star Lawyers," 2017
  • S.A. Scene, "San Antonio’s Best Lawyers," Appellate, 2014, 2018
  • American Bar Association National Appellate Advocacy Competition, 2008
    • National Best Advocate, Top 10
    • Regional Champion
  • Mack Kidd Moot Court Competition, 2008
    • Champion
    • Best Speaker, Top 4
  • Dawson & Sodd Moot Court Competition, 2007
    • Best Oral Advocate