Jo Beth Drake is a partner in the Dallas office of Quintairos, Prieto, Wood & Boyer, P.A. She focuses her litigation practice on the defense of public and private employers, insurance companies, third party administrators in workers’ compensation matters, and in the defense of a wide range of employment-related claims including employment discrimination, retaliation, harassment, wrongful termination, disability leave and accommodation including those under the Fair Labor Standard Act (FLSA) and Family and Medical Leave Act (FMLA). Ms. Drake also represents health care providers, including hospitals and nursing homes, in both medical malpractice and employment claims.
Prior to joining QPWB, Ms. Drake was a partner with a Dallas law firm specializing in civil litigation where she practiced in all of her current areas. She was a frequent lecturer to insurance adjusters and attorneys on the topics of workers’ compensation claims, bad faith defenses, and general litigation issues.
Ms. Drake received her Juris Doctor from the University of Texas School of Law in 2004 and Bachelor of Science summa cum laude from McMurry University, Abilene, Texas in 2000, majoring in Biology.
Ms. Drake is licensed to practice law in Texas and New Mexico. She is a member of the State Bar of Texas and is also admitted in the U.S. District Courts for the Northern, Southern, Eastern and Western Districts of Texas; and the U.S. District Court for the District of New Mexico.
- Obtained a defense verdict at arbitration for a long-term nursing facility.
- Achieved early dismissal of a federal suit against an employer for which an employee claimed discrimination and retaliation following a workplace injury.
- Obtained summary judgment in federal court for a large technology consultant organization facing various claims of race discrimination, disability discrimination, and interference with FMLA brought by a former employee.
- Represented employers to defend complaints filed with the Equal Employment Opportunity Commission and the Texas Workforce Commission, Civil Rights Division.
- Obtained a defense verdict at trial representing a biomedical equipment servicing company in defense of a former employee’s claim that he was terminated because he refused to participate in an illegal act.
- Defended an employer in a federal jury trial obtaining a no-liability verdict against a former employee’s claims of disability discrimination and FMLA retaliation.
- Obtained a defense verdict at trial representing a company in the entertainment industry for claims brought by a former employee alleging he was subjected to a hostile work environment.
- Prepared a successful petition for writ of mandamus to the Second Court of Appeals in Texas overturning an order requiring an insurance adjuster’s deposition and production of a report regarding an employer’s investigation of a work-related accident.
- Representation of workers’ compensation carriers in hearings before the Division of Workers’ Compensation and in District Court.
- Litigation involving the enforcement of arbitration agreements for employers, hospitals and long-term health facilities.
- Pursued settlements for recovery of workers’ compensation liens from third parties responsible for employees’ work-related injuries.
- Obtained dismissal of a bad faith suit filed against a workers’ compensation insurance carrier where the employee failed to exhaust all administrative remedies.
- Litigation to defend multiple long-term care nursing facilities, hospitals, and rehabilitative care facilities pertaining to claims of wrongful death, medical malpractice or negligence.
Publications and Presentations
- “Workers’ Compensation Claims: Investigations and Surveillance,” presented August 12, 2014.
- “Handling of Workers’ Compensation Claims; Investigation, Defenses and Avoiding Bad Faith,” presented June 2, 2014.
- “Texas Workers’ Compensation Claims Handling Guidelines,” Claims & Litigation Management Alliance, February 2014 (co-author).
- “Workers’ Compensation Mediation,” presented January 9, 2014.
- “Workers’ Compensation Issues in General Litigation,” presented November 2013.
- “Negotiations for Novices,” presented June 19, 2012.
- “Technology During Suit and Trial,” presented October 2011.
1700 Pacific Avenue, Suite 4545
Dallas, Texas 75201
Telephone: (214) 754-8755
Facsimile: (214) 754-8744
Areas of Practice:
- Assisted Living Facilities
- General Litigation
- Healthcare and Transactional
- Hospitals/ Acute Care Facilities
- Insurance and Insurers
- Labor and Employment Law
- Medical Malpractice Defense
- Nursing Homes
- Premises Liability
- Workers' Compensation Defense
- University of Texas School of Law, J.D. (2004)
- McMurry University, B.S., summa cum laude (2000)