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APPELLATE ADVOCACY
Our appellate practice section handles matters ranging from
mandamus proceedings to appeals of complex litigation and
interlocutory appeals. Our attorneys who practice in this area may
also be involved in the trial stage of a case, if an appeal is
anticipated, in order to maximize the potential for success on
appeal. Whether the matter underlying an appeal is one that our
firm handled or one that was handled by another firm, we
coordinate with the originating attorneys to identify appealable
issues, perfect the appeal, brief, and argue the case. We strive
to ensure that each client's rights to a fair trial are protected,
and their interests aggressively promoted.
BAD FAITH LITIGATION
FHMB&K
attorneys have represented insurance companies and related
entities in extracontractual litigation since the firm was founded
nearly fifty years ago. Our experience includes prosecuting
declaratory judgment actions, defending against coverage and
extracontractual claims in state and federal court, and handling
any mandamus or appeal issues that may arise. Our collective
knowledge and our years of experience allow us to mount aggressive
defenses against allegations of:
- Breaching the common law or statutory duties of good faith and
fair dealing
- Violating Section 541 et seq. of the Texas
Insurance Code
- Violating the prompt payment of claims
provisions of Section 542.051 et seq. of the Texas Insurance Code
- Violating the Texas Deceptive Trade Practices-Consumer
Protection Act
- Breaching the Stowers doctrine
- Failing to
properly issue a reservation of rights letter
- Breaching the
duty to defend or failing to properly tender a defense
- Collusive judgments and “sweetheart” deals
- Creation of
coverage because a policy was not properly canceled
- Creation
of coverage because an agent’s contract was not properly canceled
- Life insurance coverage in the face of the beneficiaries’
participation in the Insured's death
- Disputes between excess
and primary carriers
- Environmental and toxic tort coverage
created by regulatory estoppel
COMMERCIAL LITIGATION
Through our representation of
insurance companies and their policyholders, FHMB&K is extremely
familiar with general liability issues and we are ideally suited
to represent large and small businesses in all of their commercial
disputes and litigation needs. Our attorneys have an insightful
understanding of the real-world litigation exposure confronting
businesses on a daily basis. Our litigation skills are honed to
provide each business with a results-oriented approach in areas
ranging from employment disputes, contract disputes, dissolutions,
RICO, factoring agreements, fiduciary disputes, libel and slander,
to general liability issues. Whatever the commercial and business
litigation dispute, we provide strong and effective
representation.
CONSTRUCTION DEFECT
FHMB&K attorneys defend owners,
architects, general contractors, subcontractors, and material
suppliers against construction-related claims, in insured and
non-insured contexts. We are experienced in both commercial and
residential construction, and we understand the complicated
relationships that arise during the course of design and
construction. Our experience allows us to quickly identify
appropriate consultants and expert witnesses, and to make
insightful suggestions and recommendations regarding experts – a
crucial step in building an effective defense. Additionally, we
have extensive experience with construction-related insurance
coverage issues.
EMPLOYMENT LAW
Defending our clients from the pre-suit stage
through appeal, we litigate employment-related claims that are
made against our corporate, business and local governmental
clients. FHMB&K attorneys work with client management and
supervisors during the decision-making process, guiding them away
from taking actions which may give rise to a claim.
ENVIRONMENTAL, PHARMACEUTICAL, TOXIC, and MASS TORT DEFENSE
PRACTICE
Our emphasis on environmental litigation and related
insurance coverage litigation, pharmaceutical liability, toxic
tort, and multiple-party tort litigation is longstanding. We
defend cases involving toxic substance releases, contamination,
exposure and resulting injuries, as well as injuries arising out
of the use of pharmaceutical products. We also defend
manufacturers, distributors and retailers of products that are the
subject of asbestos and silica litigation.
Our commitment to preparation and our team approach in these
matters allow us to efficiently and effectively handle disputes
involving multiple plaintiffs, including class action suits.
Regardless of the size of the case or the number of parties,
Fanning Harper Martinson Brandt & Kutchin has the ability,
experience and resources to properly manage and defend these
complex cases.
ESTATE LITIGATION and WILL PREPARATION
Estate planning and
will and trust drafting are staples at FHMB&K. Additionally, our
experience includes the probating of estates and contested heir
litigation. We aggressively litigate disputes regarding the
distribution of assets, the transfer of real estate, and the
payment of outstanding debts, in order to achieve the best
possible results for our clients.
GENERAL LIABILITY LITIGATION
The largest practice area at
FHMB&K is general liability litigation, in which we represent
insurance companies, TPA’s, private businesses, and governmental
entities. Because of our years of experience in a defense-directed
practice, we’re able to quickly and correctly analyze issues,
risks, and exposures. Our clients rely on our ability to rapidly
identify the most effective strategies, and to vigorously defend
claims for damages, including class actions and multi-party,
multi-jurisdictional matters. Whether in discovery, deposition, or
trial, we aggressively protect our client’s interests with
thorough preparation, asking hard questions, and revealing the
weaknesses in our opponent’s position.
INSURANCE LITIGATION and COVERAGE
For nearly half a century,
FHMB&K’s insurance litigation and coverage attorneys have rendered
coverage opinions and handled first and third-party coverage
litigation. Our attorneys are nationally recognized experts in
their field. We are well versed in all aspects of insurance
litigation and law. And we are dedicated to the counsel and
representation of insurers and claims administrators across the
country.
These attorneys understand the unique challenges faced by
today’s insurance professionals and are here to help clients
manage and meet those challenges in and outside the courtroom.
Knowing the law and the intricacies of this specialized practice,
our insurance attorneys counsel and defend clients with seasoned
judgment, common sense and accomplished advocacy skills, in claims
and lawsuits involving:
- Commercial property
- Commercial general liability
- Surplus lines
- Business interruption
- Boiler and machinery
- Ocean and inland marine
- Builder’s risk
- Employer’s liability
- Commercial and personal vehicles
- Homeowners
- Personal liability
- Umbrella and excess liability
INSURANCE PROFESSIONAL LIABILITY LITIGATION
FHMB&K defends
insurance professionals against allegations of professional
negligence, breach of a heightened duty of care, or violations of
Insurance Code Articles 21.21, 21.21-2, and 21.55. We approach
insurance professional liability defense by making sure we
thoroughly understand, from the outset, both how the professional
works, and the intricacies of the subject matter at issue. Our
attorneys have demonstrated their commitment to this philosophy by
consistently achieving successful results for:
- Insurance Adjusters
- Insurance Agents
- Insurance Brokers
LOCAL GOVERNMENT DEFENSE
Aggressively defending local
government entities such as counties, cities, appraisal districts,
school districts and community college districts requires skilled
attorneys. At FHMB&K, we represent local governments as well as
public officials such as sheriffs, deputies, chiefs of police,
police officers, county judges, county commissioners, district
attorneys, county treasurers, county clerks, justices of the
peace, superintendents, principals, teachers, and school
administrators. Our attorneys have a defense-oriented litigation
focus with a wealth of experience in a wide variety of federal
civil rights cases brought under §1983, Title VII, the ADA, and
the FHA. Our governmental defense practice also includes a heavy
emphasis on civil rights, employment and Tort Claims Act cases.
FHMB&K attorneys have extensive experience handling and trying
a variety of government, municipal, and public official liability
cases, in areas such as:
- Civil rights
- Class action
discrimination
- Discrimination under Title VII
- Fair
housing
- False arrest
- Personal injury and wrongful death
- Whistleblower
- Wrongful discharge/termination
- Administrative representation before the Equal Employment
Opportunity Commission (EEOC) and the Texas Commission on Human
Rights
- Americans with Disabilities Act (ADA) claims and
compliance
- Discrimination on the basis of race, sex, age,
religion, or national origin under state and federal law
PREMISES LIABILITY LITIGATION
Premises liability claims
involve injuries sustained on property due to negligence or a
defect on the premises, or an intentional or negligent act of a
third party. Generally, these claims result from falls, bodily
injuries, or allegations of inadequate security or negligent
maintenance of premises. FHMB&K has extensive experience handling
these matters from the pre-litigation phase through trial,
consistently obtaining positive results for our clients.
PRODUCTS LIABILITY LITIGATION/a>
FHMB&K attorneys have prepared
and tried numerous product liability cases, ranging from claims
for catastrophic injuries involving serious and permanent
disabilities (such as brain damage and paralysis), to claims for
wrongful death. Our experience includes defending against claims
involving multiple parties and class actions arising from a number
of different products, including allegations of defective design,
defective manufacture, and failure to warn.
PROFESSIONAL NEGLIGENCE LITIGATION
With solid experience
defending liability claims brought against professionals in health
care facilities, FHMB&K attorneys also represent nursing homes and
assisted living facilities either directly or under comprehensive
general liability or errors and omissions policies.
SCHOOL LAW
Our experience at FHMB&K covers a wide variety
of school-related legal matters including civil rights cases,
employment disputes, teacher/employee sexual misconduct, school
discipline controversies, personal injury, contract matters, and
school boundary disputes.
SEXUAL ABUSE LITIGATION
As litigation has expanded in
response to the increased volume of sexual abuse claims, FHMB&K
has earned valuable experience in cases involving day-care
centers, clergy misconduct and non-profit organizations.
TOXIC TORT LITIGATION
Since the 1980s, beginning with
asbestos and silica lawsuits, FHMB&K attorneys have counseled
corporate defendants in mass tort lawsuits. Over the years, we
have been called on by insurers and self-insureds to assist in the
defense of mass tort lawsuits involving mixed dust, chemical soup,
benzene and a variety of other alleged toxic substances. Recently
the scope of the litigation has expanded to include pharmaceutical
products, nutritional supplements, materials allegedly defective
and resulting in mold in residential and commercial structures,
plus many other products allegedly causing harm to large numbers
of people.
With the advent of tort reform, FHMB&K has been involved in the
defense of asbestos and silica lawsuits assigned to the two
multi-district litigation (MDL) courts created to manage all
asbestos and silica lawsuits filed in the state courts of Texas.
From inception of the litigation until the lawsuit is returned to
the county in which it was originally filed, our attorneys are
there. As a result, our firm is extremely knowledgeable about the
MDL courts, the administrative management of the lawsuits in those
courts, and rulings by the two MDL judges that directly impact our
clients or their insureds.
TRUCKING EMERGENCY RESPONSE
FHMB&K represents carriers and
trucking companies in the defense of owners and operators of all
types of commercial vehicles. Our thorough understanding of the
state and federal regulations which control interstate and
intrastate commerce has proven invaluable. We’re known for our
experienced team of attorneys and accident reconstructionists who
can quickly respond to an accident and initiate a thorough scene
investigation immediately following notice of an occurrence.
This vast experience allows us to gather important information
and preserve evidence to protect our clients’ interests in these
situations. By acting quickly following an incident, we maximize
our defensive position and minimize the impact that a serious
accident can have on an operator and its carrier.
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