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Biography
Dan's principal area of practice is civil litigation. He has served as first-chair and second-chair trial counsel in a variety of trial settings, including state and federal civil trials, arbitration, and administrative law proceedings. Dan handles complex commercial, product liability, mass tort, and personal injury and property damage litigation, and advises corporate insureds on insurance coverage and contractual indemnity issues.
Dan also litigates tort, product liability, and commercial law suits, including insurance and indemnity disputes, sounding in admiralty. These include commercial claims, toxic torts, collision, property damage, offshore drilling and exploration losses, and personal injury and death claims.
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Representative
Experience
- In recent trial, successfully defended a German seller of large lots of Ukranian steel in a multi-million dollar lawsuit brought by U.S. steel broker when end users in United States rejected multiple shipments of steel on arrival; trial focused on interpretation of seller's Incoterm obligations under the CISG, the obligations of stevedores and COGSA carriers, as well as the condition of the cargo on loading, while in transit, and at time of rejection. Judgment was achieved in which client was exculpated entirely
- As part of diverse legal team, successfully represented a major gulf coast port authority in connection with a NEPA challenge to a billion-dollar marine terminal project; developed expert witnesses to testify regarding economic impacts of project, economic harm of delay, and logistical and developmental advantages of proposed project, relative to alternatives; court entered judgment, allowing the project to move forward
- Assisted a major oil company in securing favorable resolution of potential claims in excess of $30 million arising out of offshore deepwater drilling operations on the Outer Continental Shelf; provided detailed factual and legal assessment under federal, maritime, and Louisiana law, advised on engineering/technical issues and potential insurance implications for defendants, and participated in negotiations and reestablishment of parameters for continued operations between the parties
- Continued defense of major oil and gas and chemical companies in docket of toxic tort cases stemming from refinery, chemical plant, and vessel operations; developed regulatory and scientific themes and defenses for trial; ongoing role as national coordinating counsel for out-of-state docket of cases
- Successfully represented offshore exploration and drilling company in insurance and indemnity disputes arising from down-hole well failure
- In a recent trial, successfully pursued contractual indemnity and attorneys fees under oilfield master service agreement on behalf of client, recovering full indemnity from indemnitor who challenged scope and enforceability of indemnity
- In a recent arbitration, lead role in representing investing partnership in multi-million-dollar executive bonus dispute stemming from oil and gas mezzanine financing arrangements
- Active trial role in defending pharmaceutical company in mass product liability litigation; primarily responsible for challenging plaintiffs' expert testimony at Daubert/Havner hearings and in trial; responsible for defense expert witnesses and scientific evidence
- Lead role in successfully representing a state governmental agency in Fifth Circuit and United States Supreme Court protecting their right to immunity from suit under the Eleventh Amendment in Admiralty Action
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Activities and Affiliations
- U.S. Coast Guard unlimited Third Mate's license and officer's commission in the U.S. Naval Reserve (U.S.N.R., ret'd)
- Author: "Insuring Punitive Damages in Texas; the Debate Continues," presented at TADC Fall Meeting, Fall, 2003; American Bar Association monograph, The Use of Epidemiology in Tort Litigation; A Survey of Federal and State Jurisdictions (Texas, Louisiana, and Mississippi Law), June 2003
- Member: American Bar Association; ABA Section of Litigation (former co-chair, Insurance subcommittee); Texas Bar Association; Houston Bar Association; Defense Research Institute; International Association of Defense Counsel; Texas Association of Defense Counsel
- Listed: "Texas Rising Star" in civil defense litigation, Texas Monthly, 2004 and 2005; "Lawyers on the Fast Track," H Texas, 2004
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Education and Professional Background
- United States Merchant Marine Academy, B.S. in marine transportation, 1987
- Tulane Law School, J.D. cum laude, 1991 (Moot Court Board; Order of the Barristers)
- Admitted to practice: Texas, 1991; United States Supreme Court; Fifth Circuit Court of Appeals; U.S. Federal District Courts for the Northern, Southern, and Eastern Districts of Texas
- Worked as officer aboard naval and merchant vessels, including containerized cargo ships and oil tankers
- Insurance Underwriter: St. Paul Fire and Marine Insurance Company, Chicago
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