We are a business litigation firm. As such, some of our work – particularly in products liability litigation – involves products used by many thousands of consumers. We are skilled at representing our business clients in opposing litigation against supposed deep-pocket, quick-to-settle defendants. Sometimes settling a case is the best strategy for the defense, but other times a willingness to prepare a case for trial and bring it before a jury is the better approach. We are both skilled negotiators and skilled civil trial lawyers, giving us the option to assist clients in whatever way best meets their business objectives.
We regularly defend against:
- “Forum shopping” to get sympathetic judges and juries in venues not related to where alleged damages occurred
- Class action and mass tort litigation on behalf of consumers who suffered no loss or injury from a product or action
- Appeals to pseudo science or other emotional arguments that seek to circumvent the facts of law and legitimate scientific standards
Litigation that we have handled involving consumer products crosses many industry lines, but we have particular experience in these broad categories.
Pharmaceuticals and Medical Devices
We are regional counsel in ongoing litigation involving an effective prescription diabetes medication that was withdrawn from the market. Our firm has prepared and tried more cases regarding this product than any other law firm in the nation, many of them alleging class damages. One lawsuit involved an effort by over one million people in Texas who were taking the drug to sue for a refund, even though they had suffered no harm from the drug itself. Our lawyers have also handled mass torts involving pharmaceuticals used in hormone replacement therapy and in the treatment of depression and arthritis. In addition, we defend medical device manufacturers, and have represented a major manufacturer of silicone breast implants in all its litigation, including mass torts, in Texas.
Throughout the firm’s history, our significant trial experience in complex products liability litigation has emphasized automotive products liability. Our trial work has included single vehicle rollovers, multiple vehicle rollovers, crashworthiness, glazing, roof structure integrity, tires, child safety restraints, restraint systems generally, and seat back liability issues. Vehicles involved in these claims have ranged from SUVs to motor homes. We often counter the actions of plaintiffs in wrongful death or injury cases who conduct “forum shopping” in venues with no direct ties to their accident claims. Because these liability claims frequently seek class action status, our lawyers have developed effective defense strategies such as helping a tire manufacturer develop a nationwide strategy for coordinating discovery in products liability lawsuits. We also defended another lawsuit that sought class status for SUV owners who alleged that the brakes on their vehicles wore out prematurely.
Wireless Telephone Service
We represented a major national wireless service provider in a class action brought by roughly 12,000 wireless phone users who alleged wrongful termination of phone service. Our lawyers worked to save our client from a public court battle and the financial risk of a Texas jury verdict. Our lawyers have also represented the leading manufacturer of wireless hand-held communications modems in a licensing dispute.
We frequently represent homebuilders and other contractors in construction defect claims, and also represent manufacturers of products they install. In one lawsuit, our lawyers defended a glass company against a claim of wholesale laminated glass failure in a 13,000 square foot home in one of Houston's most exclusive neighborhoods.