Editorial: Product Liability in Texas
01 May 2007
Texas remains a hive of activity for product liability litigation, dominated on the whole by established Texas firms. Beck Redden & Secrest LLP is one such example, represented by three lawyers in its Houston office. Its case record includes the defence of a multinational corporation in five recent trials, in which the plaintiffs alleged that the company defectively designed, manufactured and marketed respiratory equipment that had failed to protect them from exposure to silica dust. The client was held liable in none of the cases.
David Beck, who is also mentioned in our commercial litigation chapter, received a host of glowing reviews. One interviewee stated that he is “up there at the pinnacle of the profession, in a class of his own” and his working style is much admired. Fellow name partner, the “excellent” Joe Redden, joins him. Peers praise Redden’s reputation for pharmaceutical, automotive and medical device work, such as his defence of a large pharmaceuticals company in a diet drug case, obtaining a favourable verdict for the company. William Curtis Webb also comes recommended for his medical device expertise.
Three lawyers appear for Baker Botts LLP, a firm with a national profile for product liability and a varied client base. The firm has a “great reputation” for pharmaceutical and chemical product defence as well as other consumer and industrial products. Stephen Scheve, who joined the firm in 2004, has over 25 years’ experience in the area, with an emphasis on the pharmaceutical and chemical industries, using his “considered, insightful” approach to great effect in a trial and advisory capacity. Scheve has represented clients such as Pfizer, Merck, Eli Lilly and DuPont. “Star performer” Richard Josephson also focuses on drug product liability. He defended Upjohn Company in litigation involving the side effects of the drug Xanax. Finally, the “very qualified” and “well respected” Walter Conrad was noted for his defence of Dow Chemical in a series of foreign pesticide cases, with over 20,000 plaintiffs.
Fulbright & Jaworski LLP has been practising product liability law since the advent of manufacturers’ liability in the 1960s, representing clients across a wide range of industries and product lines. In Houston,“experienced and intelligent” Otway Denny has tried product liability cases from chemicals and automobiles to construction equipment. Terry Tottenham, partner-in-charge of the Austin office, received an impressive share of the votes and mention was made of his expertise in representing pharmaceuticals and medical device companies. He successfully defended a landmark Texas case alleging that cellular phones cause brain cancer. “Well respected” Lana Varney joins him at the Austin of- fice. She served as one of the national trial counsel in nationwide litigations including over-the-counter cough and cold medicines containing phenylpropanolamine and human plasma-derived factor concentrate medicines for haemophiliacs.
The other practice to field three practitioners in our list is Vinson & Elkins LLP – yet another heavyweight full-service Texas firm. V&E’s Houston office is home to all three lawyers appearing in this year’s ranking. The firm covers all aspects of product liability law, and has a special interest in the defence of cases involving technologically advanced products such as biogenetically engineered pharmaceutical products. The firm led the Firestone defence team in the first trial of a Firestone/Ford rollover, settling the $1billion suit. Paul Stallings, well received by sources, has considerable experience in the field and he served as Texas coordinating counsel on personal injury and product liability cases for a major cigarette maker and a leading pharmaceuticals manufacturer. Knox Nunnally’s broad product liability practice also drew admiration. He recently served as lead trial counsel for the drugmaker Purdue Pharma in its Texas Oxycontin litigation. Finally, Bob Schick completes the team representing V&E. He handles all aspects of product liability and acted for Wyeth in diet drug and hormone replacement therapy litigation.
Tekell Book Matthews & Limmer LLP specialises in damage suits and two of its named partners are mentioned here in recognition of their product liability expertise. Clients include Mars, Exxon Mobil and Dr Pepper Bottling Company of Texas. Kenneth Tekell and William Book, both based in Houston, elicited strong support for their “excellent, well-organised team”.
Clark Thomas & Winters PC has a strong reputation for product liability, especially in the automotive industry, where the firm has a long history of representing clients in automotive product liability litigation for car, tyre, component, recreational vehicle and transportation manufacturers. In Austin, “well-known trial lawyer” Kenneth Ferguson’s practice focuses on the defence of pharmaceutical and automobile manufacturers. Joining him is “widely published” Michael Klatt, whose pharmaceuticals and medical device practice also received praise. Hartline Dacus Barger Dreyer & Kern LLP is well known to its competitors. It started out as a firm of trial lawyers reputed for defending product liability suits and has since diversified. It remains one of the largest product liability practices in the US and defends manufacturers, distributors, suppliers and retailers against numerous types of claims. Darrell Barger is among the leaders in Corpus Christi and Dallas; co-founder Kyle Dreyer has served as lead trial counsel for major manufacturers all over the US. His clients include major car, motorcycle and truck manufacturers and he has recently obtained a summary judgment for a domestic automotive manufacturer in a case on the basis of federal pre-emption.
At Strasburger & Price LLP’s Dallas office, Richard Davis is considered a “top guy in the automotive field”, while another contributor commented that he is “clearly one of the best” in the area. Austin lawyer Burgain Hayes (at his own firm) commands great respect among his peers, also in the field of automotive product liability, where he has represented Chrysler. The final nomination goes to “magical trial lawyer” Jack Urquhart, co-founder of Urquhart & De Santos LLP, whose pharmaceuticals work for clients such as Pfizer was considered particularly noteworthy.