Areas of Concentration
- Labor and Employment Law
- Personal Injury
- Commercial Litigation
- Toxic Tort, Mass Tort, and Catastrophic Incident Litigation
Dwain Capodice brings nearly two decades of legal experience to Fernelius Simon, focusing his practice on labor and employment litigation, personal injury law and commercial litigation. “My job is to learn as much as I can about our client and their goals,” Dwain says. “That’s going to help me make the best decisions I can on their behalf.”
Those who have worked with Dwain often remark on his ability to dig into large amounts of information and find those pieces most relevant and helpful to their case. As an attorney, he has reviewed more than a million pages of complex documentation in some of the country’s most high-profile matters. Before earning his law degree, Dwain studied Civil Engineering at the University of Texas. This knowledge and insight have proven particularly useful in cases the firm litigates involving energy and construction litigation, workplace injuries and more.
Dwain’s clients range from individuals in need of someone who will fight for them to large corporations endeavoring to protect their employees’ livelihoods. Some of the past matters he’s handled include:
- Represented an international energy company in connection with a catastrophic fire and explosion at its Texas City refinery.
- Obtained summary judgment on behalf of an international energy company against a subsequent purchaser of a mineral interest for indemnity from a legacy lawsuit after a claim was brought seeking to clean up alleged production-related contamination on the property.
- Successfully represented an international energy company in a bellwether trial in a 50,000-plaintiff multidistrict litigation involving alleged exposure and injuries from a complex oil refinery. The company obtained two favorable defense verdicts.
- Obtained a favorable verdict on behalf of a software company during a bench trial in connection with an employment-related breach of contract case.
- Represented an international energy company in connection with a fire at its Wyoming refinery.
- Represented an oilfield products and services company in its internal investigation into violations of the Foreign Corrupt Practices Act (FCPA).
- Obtained a favorable verdict on behalf of a landlord during a bench trial in connection with a breach of contract case.
- Represented the victim of a collision between her car and an 18-wheeler that resulted in a full neck fusion and a favorable settlement for the victim.
- Represented a pipeline-service company in connection with an investigation by state and federal governmental agencies into cost overruns in its reconfiguration efforts.
In 2016, Dwain founded Ahmad and Capodice, PLLC, with his partner, Nasim Ahmad. In 2019, he formed The Capodice Law Firm. Prior to Ahmad and Capodice, PLLC, Dwain was an associate at Fernelius, Alvarez, and Simon, as well as a few other well-respected labor and employment litigation boutiques. Dwain has extensive litigation experience practicing before state and federal courts and administrative tribunals.
Outside the office, Dwain enjoys spending time with his family and the occasional game of poker. A former writer for the Houston Dynamo website, he’s also an avid fan of all sports.
- State Bar of Texas
- United States District Court for the Southern District of Texas
Professional Activities and Memberships
- Houston Northwest Bar Association
- Houston Bar Association
- Woodlands Bar Association
- “Offending Behavior: How to Handle Harassment on and Off the Clock,” Growth Magazine, March 2005.
- “Minimizing the Risk of Litigation by Former Employees,” Growth Magazine, September 2005.
- 2001 – Juris Doctor, University of Houston Law Center
- 1998 – Bachelor of Science, Civil Engineering, University of Texas
- Harris County Democratic Party – Precinct Chair
- South Montgomery County Chamber of Commerce – Former Member