Roger L. McCleary

Houston, TX
Partner

Roger McCleary's practice involves defense of both personal injury and commercial litigation. He has substantial trial experience in a variety of both tort and commercial cases. A significant portion of his practice is in construction, oil and gas, general business, complex products liability, general product defect, toxic exposure, failure to warn, negligence, breach of warranty, fraud, misrepresentation, deceptive trade practices, breach of contract, employment, and insurance coverage litigation.

• Southern Methodist University, Dallas, Texas, 1984, J.D.
  Honors: 
  -Order of Barristers
  
• Southern Methodist University, Dallas, Texas, 1981, B.A. cum laude
  

• Won multi-million dollar complex D&O insurance policy coverage dispute and obtained Fifth Circuit ruling holding pollution exclusion insulated BMP's client from any obligation to  reimburse defense costs or indemnify regarding consolidated securities fraud class action and shareholder derivative litigation
• Won Fifth Circuit ruling that multi-millions of dollars a bankruptcy court orders paid to a fraudulent creditor is not covered loss under executive and organization liability insurance policy because that payment is considered "ill-gotten gains"
• Successfully resolved directors, officers, and private company liability insurance policy coverage matter involving multi-million dollar policy and arising from claim that allegedly tortious conduct by company and its officers led to failure of another company
• Tried to a defense verdict a Galveston County products liability death case arising from burns the decedent suffered during maintenance of offshore production equipment
• Defended a major homebuilder in a six-week trial concerning a residential subdivision built next to a Superfund toxic waste dump site
• Represented a major medical device manufacturer in multi-district products liability litigation regarding an implant used to treat stress urinary incontinence
• Represented major automobile truck and part manufacturers in products liability, wrongful death, and personal injury cases arising from vehicular accidents
• Represented a major consumer products manufacturer in toxic chemical exposure, wrongful death, and survival cases
• Tried to a defense verdict a products liability action stemming from a boiler explosion
• Tried a federal court case stemming from an FDIC action to collect a judgment against a client while represented by other counsel
• Tried to a defense verdict a case filed by an elderly woman against an insurance agency and its agents over alleged misrepresentations about coverage for a storm-damaged home
• Tried to a defense verdict a case involving allegations of construction defects
• Tried to a defense verdict a breach of contract/DTPA action against a major bank
• Tried to verdict a false arrest, malicious prosecution, and false imprisonment case
• Tried to verdict an employment case involving allegations of breach of contract in the termination of an officer of a major oil and gas drilling company
• Defended major insurance companies in a variety of other coverage lawsuits
• Participated in defense of a large pharmaceutical manufacturer in multi district products liability litigation
• Tried to verdict a DTPA/breach of contract lawsuit against a boat manufacturer
• Represented a major sand supplier in mass toxic tort litigation

• Texas
• U.S. District Courts for the Northern, Southern, Eastern, and Western Districts of Texas
• U.S. Court of Appeals for the 5th Circuit
• U.S. Supreme Court

• State Bar of Texas
• Houston Bar Association
• American Bar Association
• Texas Association of Defense Counsel
• Defense Research Institute
• Fellow, Texas Bar Foundation
• Fellow, Houston Bar Foundation

• Named "Texas Super Lawyer," Texas Monthly, 2006

• Panelist, "Expert Witnesses and How to Destroy/Protect them," Litigation Management Supercourse, Network of Trial Law Firms, Pebble Beach, CA, April, 2007