Dan Lype

Since graduating with honors from the University of Texas School of Law in 2008, Dan Lype has worked as an associate attorney at the Leichter Law Firm. His primary practice areas include the representation of clients before the Texas Board of Nursing, Texas State Board of Pharmacy, Texas Medical Board, Texas Real Estate Commission, and the Texas Department of Insurance. Mr. Lype also has extensive experience handling complex administrative litigation at the State Office of Administrative Hearings (SOAH) and has played a key role in several recent declaratory judgment actions and other suits filed in District Court challenging the legality of final and proposed disciplinary sanctions entered by several state agencies.

Education

• Doctor of Jurisprudence, University of Texas at Austin, 2008
  • Graduated with Honors
• Bachelor of the Arts in History and Political Science, University of Illinois Urbana-Champaign, 2004
  • Phi Beta Kappa
  • Robert H. Bierma Memorial Scholar in History
  • Edmund James Scholar

Professional Licenses

• Attorney at Law, Texas, 2008

Practice Areas

• Administrative Law
• SOAH
• Professional License Defense
• Health Law
• District Court Practice

Representative Cases:

• J.J., RN v. Texas Board of Nursing—Client was presently on felony probation for 3rd DWI and had previously voluntarily surrendered her license. Board of Nursing denied her petition for reinstatement of her nursing license. On eve of administrative trial at SOAH, Board agrees to license Client pursuant to a three-year monitoring Order.
• D.D., RN v. Texas Board of Nursing—Client accused of using improper language and line of questioning while interviewing patient at a juvenile lock-down facility who reported being raped by another teenager. Case proceeded to trial at State Office of Administrative Hearings wherein Administrative Law Judge entered favorable decision absolving Client of any impropriety. Case dismissed by Board without any disciplinary action.
• J.M. v. Texas Department of Insurance—Client denied initial application for adjuster’s license due to his prior felony conviction for counterfeiting currency and second later charge for burglary of a habitation. Case proceeded to trial at State Office of Administrative Hearings with receipt of a favorable opinion from Administrative Law Judge. Client granted license subject to two-year probationary order. Client also eligible to apply for and receive agent’s license.
• M.S. v. Texas Medical Board—Client on a long-term probationary order with the Medical Board and with a prior history of non-compliance investigated by the Board due to ingested a medication in violation of his Agreed Order. His Order allowed, if they so chose, Board to summarily revoke Client’s license based on this showing. Due to positive presentation, case resolved at informal settlement conference with a warning and administrative penalty.
• J.D. v. Texas Real Estate Commission—Client denied renewal of real estate salesman license due to failure to disclose misdemeanor offense. Real Estate Commission refused to renew license unless Client agreed to onerous and unreasonable Agreed Order. Leichter Law Firm filed a declaratory judgment action in District Court which led Commission to retroactively renew Client’s license and withdraw attempts to impose discipline based on his criminal offense and failure to disclose the same.
• T.S. v. Texas Board of Nursing—Client with extensive history of Demerol and Dilaudid abuse and had previously failed to comply with TPAPN agreement. Following the gathering of remedial evidence verifying her sobriey and appropriate evaluation by expert, Client became the first nurse in Texas to be granted a Board Order while also taking suboxone pursuant to treatment by her addiction specialist.
• E.K. v. Texas State Board of Pharmacy– Client had been placed on felony deferred adjudication for delivery of a dangerous drug and Pharmacy Board sought revocation of license. Case proceeded to trial at the State Office of Administrative Hearings and client received favorable opinion from Administrative Law Judge.
• A.P. v. Professional Recovery Network and Texas State Board of Pharmacy– Pharmacy Board had ordered Client to undergo a second mental health evaluation with Professional Recovery Network during course of disciplinary investigation. Due to her having already submitted to such an evaluation client refused. Pharmacy Board set matter for Show Cause Hearing at SOAH. In the course of defending herself Client subpoenaed records from PRN to show that she had already submitted to PRN approved evaluation. PRN refused and in conjunction with Texas Pharmacy Association filed declaratory judgment against client in District Court. After proceeding to full hearing, District Judge issued ruling releasing subpoenaed materials to Client.
• C.M. v. Texas Board of Nursing- Client alleged to have violated Board Order by engaging in abuse of propofol, fentanyl, and other narcotics. After license was temporarily suspended by Board, Client went to mediation and was able to obtain new Board Order favorable to her later reinstatement as a CRNA.
• S.L. v. Texas Board of Nursing- Board of Nursing temporarily suspended Client’s license based on allegations of intemperate use of prescription medication. Temporary suspension overturned at subsequent probable cause hearing at SOAH and favorable order negotiated with Board allowing Client to continue to practice.