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Biography
Ferguson has a broad-based litigation practice with extensive trial experience in commercial, product liability, toxic tort, professional malpractice, energy, and construction cases. He is certified by the Texas Board of Legal Specialization in the fields of Personal Injury Trial Law and Civil Trial Law. Ferguson also handles general negligence, contract, and statutory claims.
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Representative
Experience
Commercial
- Represented a foreign manufacturer of wind turbines used in the generation of electricity
- Represented a comprehensive provider of waste and environmental services in an attempt by various landowners to limit the use of a landfill
Product liability
- Representing a leading pharmaceutical company as Texas counsel in diet drug litigation filed by plaintiffs opting out of related class action
- Represented a major chemical company against claims filed in Texas by nationwide plaintiffs against multiple defendants for property damage resulting from defects in polybutylene plumbing systems; in four separate jury trials and one arbitration, only a small portion of the overall liability to plaintiffs was assessed against our client
Toxic tort
- Representing a Fortune 100 multi-national consumer products company as its national trial counsel in vinyl chloride litigation
- Represented a product manufacturer in asbestos cases throughout the state of Texas; currently serving as trial counsel in the state of Texas for a major oil company in its asbestos litigation
- Represented a Fortune 150 oil company in agricultural product toxic tort cases involving approximately 25,000 non-U.S. workers who filed suit in various Texas state and federal courts; currently representing same company in similar cases filed by non-U.S. workers in Louisiana and Hawaii federal courts and in the courts of the Philippines and Nicaragua; involved in similar cases dismissed from U.S. courts and then refiled in Costa Rica, Honduras, Guatemala, Panama, The Ivory Coast, Burkina Faso, and St. Lucia, all of which were resolved by settlement
- Represented a Fortune 150 oil company in 8,000 claims arising from alleged chemical emissions from a plant; the case was tried to a jury with a defense verdict for our client
Construction/Professional malpractice
- Representing the owner of a major arts facility in claims against the contractor
- Represented a major engineering firm in a professional malpractice litigation in Louisiana concerning the design and construction of a chemical plant
- Represented a number of architects and engineers in construction-related claims, several of which culminated in jury verdicts
- Represented a client of the firm's energy regulatory section in an advisory capacity in a dispute arising during construction of a pipeline and in post-construction litigation
Energy
- Represented plaintiffs in two suits involving a West Texas wind farm project; in one suit, our client was the general contractor of the project seeking amounts owed under the wind tower construction contract; in the second suit, our client was a non-U.S. supplier of equipment suing a distributor for breach of contract and incidental damages arising from the defendant's failure to deliver equipment that the supplier then obtained at higher cost from alternative source
- Defending a Texas tool leasing company in a property damage suit arising from an oil-well blow-out
- Represented an oil producer in personal injury claims related to an oil well blow-out; case settled on favorable terms
Fraud
- Defended a national insurance company in fraud and securities fraud cases filed in three South Texas counties; all resolved by favorable settlement
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Activities and Affiliations
- Fellow: Texas Bar Foundation; Houston Bar Foundation
- Member: International Society of Barristers; American Board of Trial Advocates; International Association of Defense Counsel; American Bar Association; Texas Association of Defense Counsel; Defense Research Institute; Houston Bar Association
- Listed: Chambers USA: America's Leading Business Lawyers in general commercial litigation, 2003-2006; "Texas Super Lawyers" in class action/mass torts litigation, Texas Monthly, 2003-2005; The Best Lawyers in America in commercial litigation, 2005 and 2006
- Author: "The Surface Destruction Test as Applied in Reed v. Wylie and Its Possible Effect on Arkansas Law," 33 Ark. L. Rev. 422 (1979)
- Lecturer: litigation seminars on civil litigation, evidentiary issues, architect and engineer liability, and insurance law
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Education and Professional Background
- University of Arkansas, B.S.B.A. with honors, 1977 (Beta Gamma Sigma; 3-year letterman in baseball)
- Attended The University of Texas School of Law, 1978-1979 (Summers)
- University of Arkansas, J.D., 1980 (Phi Delta Phi; Arkansas Law Review)
- Admitted to practice: Texas, 1980; United States Supreme Court; Fifth and Ninth Circuit Courts of Appeal; U.S. District Courts for the Southern, Eastern, Western and Northern Districts of Texas
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