meet our attorneys
education AND BOARD SPECIALIZATION
Texas Board of Legal Specialiation
Board Certified, Civil Appellate Law
University of Texas at Austin
Hanover, New Hampshire
A.B. with Honors in Religtion, 1980
Preemption Litgation Group
American Association for Justice Chairman, 2006 – 2013
American Association for Justice Co-Chairman, 2009 – 2012
Member, 2008 – 2013
Legal Affairs Committee, American Association for Justice
Vice Chairman, 2010-2012
Appellate Practice/Legal Strategy Litigation Group,
American Association for Justice
• More than 30 years as in-house and outside counsel, with experience in almost all areas of civil litigation
• Three years as General Counsel for home automation/smart energy startup, with responsibility for all legal issues, including management of patent litigation related to portfolio with more than 20 issued U.S. patents
• Three decades as a civil trial and appellate lawyer, including more than 20 years as board-certified appellate attorney
• Extensive experience in appeals to the U.S. Supreme Court, most federal courts of appeals and most Texas state courts of appeals
• Significant trial experience in both jury and non-jury cases
• Multiple leadership positions in national trial lawyers association, coordinating national issues across executive, legislative and judicial branches.
REPRESENTATIVE LEGAL BRIEFS
Haase v. Pearl River Polymers, Inc., 135 S.Ct. 708 (2014)
• Lead counsel for Petitioner seeking certiorari to clarify the standard of proof to overcome the presumption of validity of patents under 35 U.S.C. § 282.
Association for Molecular Pathology v. Myriad Genetics, Inc., 133 S.Ct. 2107 (2013)
• Lead counsel for Amicus Curiae Genformatic LLC, discussing the potential effects of the patentability of human genes on whole genome and exome sequencing.
Amgen, Inc. v. Connecticut Retirement Plans and Trust Funds, 568 U.S. 455 (2013)
• Lead Counsel for Amicus Curiae Public Justice, P.C., addressing business practices in the pharmaceutical industry in the context of a class action/securities fraud case.
Colacicco v. Apotex, Inc., 556 U.S. 1101 (2009)
• Lead Counsel for Petitioner seeking certiorari to determine whether FDA approval of a drug preempted tort suit asserting that the warnings on the drug’s label were inadequate under state law.
Wyeth v. Levine, 555 U.S. 555 (2009)
• Lead counsel for Amicus Curiae consumer advocates, discussing the history and evolution of the FDA’s views of the relationship between federal regulation of pharmaceutical drugs and tort suits asserting that that the warnings were inadequate under state law.
Pittman v. South Carolina, 552 U.S. 1314 (2008)
• Co-counsel for Petitioner seeking certiorari to address whether the Eighth Amendment prohibits trying a 12 year-old child as an adult for murder.
In re Spillman Development Group, Ltd., 710 F.3d 299 (5th Cir. 2013)
• Lead counsel for Appellee, addressing the jurisdiction of the bankruptcy court and the effect of a credit bid under 11 U.S.C. § 363(k).
Dobbs v. Wyeth Pharmaceuticals, Case No. 12-6077 (10th Cir. 2012)
• Lead counsel for Appellant, asserting that the FDA would not have rejected an added warning on the antidepressant Effexor (case settled after oral argument).
Rimbert v. Eli Lilly & Co., 647 F.3d 1247 (10th Cir. 2011)
• Lead counsel for Appellant, asserting that the district court abused its discretion in excluding expert testimony.
Ortho-McNeil-Janssen Pharmaceuticals, Inc. v. State, 432 S.W.3d 563 (Ark. 2014)
• Lead Counsel for Amicus Curiae AARP, addressing business practices in the pharmaceutical industry in the context of a False Claims Act case.
REPRESENTATIVE PRESENTATIONS AND PUBLICATIONS
A Trial Lawyer’s Guide to Preserving an Appellate Record, presented to the AAJ Appellate Practice Litigation Group, Vancouver, July 2010.
Are Kids Really Kids? A Cry for Juvenile Justice, published in THE WARRIOR (Gerry Spence’s Trial Lawyers College), October 2009.
Preemption of Generic Drug Cases After Levine, presented at Mass Torts Made Perfect, Las Vegas, October, 2009.
Life After Levine: Musings on What We Know and What We’re Still Thinking About, presented to the AAJ Preemption Litigation Group, San Francisco, July 2009.
Book Review, Thomas McGarity’s The Preemption War, published in TRIAL, June 2009.
Deconstructing Wyeth v. Levine: The Aftermath, presented at Mass Torts Made Perfect, Las Vegas, March, 2009.
The Role of Amicus Briefs in Fighting Preemption, presented to the AAJ Preemption Litigation Group, Philadelphia, July, 2008.