Austin, TX
Wrongful death Lawyer at Austin, TX
Practice Areas: Wrongful Death, Mesothelioma & Asbestos, Civil Rights
OUTCOME: Unanimous decision by The Supreme Court of Hawai'i Reversing 5-0
Trial court dismissed case on limitation grounds holding that a class action in Texas did not toll the limitations period in Hawai'i. The Hawai'i Supreme Court reversed, adopting the class action tolli ... ng principles of American Pipe and Crown, Cork and Seal regardless of what state the class action was filed in.
OUTCOME: 9-0 unanimous decision by United States Supreme Court
Oversaw and directed the successful appeal to the United States Supreme Court resulting in the remand of litigation throughout the United States of banana plantation workers injury claims for trial in ... various state courts.
OUTCOME: 12.7 million dollar verdict
In 1966, upon graduating from high school in South Texas, Ezequiel (Zeke) Lopez enlisted in the U.S. Navy and was assigned to the U.S.S. Mt. McKinley. For four months, Zeke worked overhauling pipes, in ... sulation and machinery in the engine room. He was completely unaware that the insulation dust he inhaled each day would cause the fatal asbestos-related disease, mesothelioma. Twenty-seven years later in November 1993, Zeke was diagnosed with mesothelioma. Subsequent to his devastating diagnosis, his pain steadily increased and he grew weaker each day. Five months later, Zeke lost his battle with the disease, leaving behind his beloved wife and three young daughters. He was 47. With the help of HendlerLaw, Zeke's family took their case to trial in December 1997. A jury awarded a verdict of $12.7 million dollars The case settled for a confidential amount.
OUTCOME: 21.9 Million Dollar Verdict for Plaintiff
In May of 1997, I and two of my co counsel, Spencer Parris and Bill Connelly, tried the case in the 250th Judicial District Court of Travis County, Texas. The trial lasted two weeks, during which the ... jury heard from Ben Baker, who had provided his sworn testimony on video before he died. The jury also learned of Owens Corning’s conduct before and during Baker’s exposure to its Kaylo insulation. And what the jury heard outraged them. It became clear that had Owens Corning and others in the asbestos industry acted responsibly before Baker spent a lifetime working with their products, he would not have suffered as he did from the agonizingly slow and painful death of Mesothelioma. The jury deliberated for two days before returning a verdict of two (2) million dollars in compensatory damages for the Baker family and twenty (20) million dollars in punitive damages to punish Owens Corning for its misconduct. This verdict is the largest personal injury verdict in the history of Travis County. Though the judge ultimately ordered Owens Corning to pay a sharply reduced amount, the jury had sent a strong message to Owens Corning and other members of the asbestos industry that continues to reverberate to this day
OUTCOME: Enforcement of Health Insurance Policy
Pro Bono trial co counsel in successful defense of a One Million dollar health insurance policy on behalf of individual with HIV against Declaratory Judgment action filed by his insurance company to de ... clare one million dollar health insurance policy null and void. Policy was upheld and Court awarded attorneys fees.
OUTCOME: Dismissal on jurisdictional technicality
Lawsuit brought against a multinational glue corporation for its exploitation of Central American Street Children addicted to the company’s shoe glue, which had become the narcotic of choice among ad ... olescent children. Despite a dismissal of the initial test case on jurisdictional technicalities, the threat of further litigation resulted in fundamental changes in corporate policy leading to the withdrawal of the toxic glue from store shelves.