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Biography
Dale has tried more than 200 cases to a verdict in state and federal courts. Dale has a national practice and has defended cases pending throughout the United States. His practice emphasizes toxic tort and products liability matters including mass torts and catastrophic injury cases. He is a former head of the firm’s Product Liability Practice Group. Dale has represented major semiconductor and electronics manufacturers, chemical and petrochemical manufacturers, mineral suppliers, hazardous waste generators, and other entities in toxic tort litigation. He has represented major pharmaceutical, automobile, truck, heavy equipment, tire, and other products manufacturers in product liability litigation. Dale also has experience in defense of a wide variety of business torts. He has recently developed an interest in litigation involving intellectual property, including theft of trade secrets and patent litigation. In certain recurring types of litigation, Dale has served clients as national consulting counsel.
Dale has a special interest in the defense of products liability matters involving biogenetically engineered products, including pharmaceutical products, and attempts to keep abreast of on-going scientific developments in the field of biogenetic engineering. Dale has unparalleled experience in defending heavy truck manufacturers in catastrophic injury cases, including post crash fuel fed fire cases, crashworthiness cases, cases involving occupant protection systems of all varieties, and braking system cases including those involving anti-lock braking systems.
Dale has a particular interest in corporate criminal liability and in civil actions arising from alleged corporate criminal activity, including claims of theft of trade secrets. This interest was spawned by his early work at the Dallas County District Attorney’s Office. He has, in the past, prepared a major research paper for a major automobile manufacturer on the subject of corporate criminal liability in Texas. Additionally, Dale has served as an action group member of the Corporate Criminal Liability Action Group of the Products Liability Advisory Council, Inc.
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Representative
Experience
Products liability experience - Tried to a defense verdict in Oklahoma City, Oklahoma, a products liability case filed against a heavy truck manufacturer in which the quadriplegic plaintiff alleged a defective design of the seat belt system and of the truck's cab and sought $160 million in damages; the defense verdict was named by the National Law Journal as one of the outstanding "Defense Verdicts of the Year"
- Tried to a defense verdict in Marshall, Texas, a products liability case filed against the manufacturer of a rotary cutter which passed over a 5 year old boy, killing him
- Tried to a defense verdict in Marshall, Texas, a products liability case filed against the manufacturer of a heavy front end loader where the loader arms descended onto the plaintiff and rendered him quadriplegic
- Tried to a defense verdict in Dallas, Texas, a products liability case filed against the manufacturer of a cornheader where the plaintiff was rendered a triple amputee
- Tried to a defense verdict in Tucson, Arizona, a products liability case involving claims of interior crashworthiness of a heavy truck filed against the manufacturer of the truck by a plaintiff rendered quadriplegic in an accident involving a change in the occupant speed at impact of only 5 miles per hour
- Tried in Chicago, Illinois, a products liability case involving a utility tractor rollover and the death of the tractor operator; although the jury found the tractor defective due to lack of a rollover protection structure, and assessed very significant damages in the case, the comparative fault assigned by the jury to the operator of the tractor was so great and the worker's compensation carrier's responsibility in light of that fault assignment was such that the client paid virtually nothing in damages in the case
- Tried a products liability case involving death by burning for a heavy truck manufacturer in Beaumont, Texas; the case was settled before final arguments began when the plaintiff's attorney accepted the defendant's initial minimal settlement offer which was still on the table
- Tried a products liability death case against a heavy equipment manufacturer in Beaumont, Texas, and obtained instructed verdict for the client at the close of plaintiff's case
- Tried a products liability case for a heavy truck manufacturer in Marshall, Texas, which involved the deaths of multiple teenagers who occupied a car which ran into the heavy truck, and obtained an instructed verdict for the client at the close of plaintiff's case
- Tried to a defense verdict in Fort Worth, Texas, a products liability case filed against a crane manufacturer in which the jib of the crane failed, one man was killed and several were injured; Dale successfully argued that although the jib admittedly contained weld defects, these defects were not the cause of the death and injuries
- Tried to a defense verdict in Dallas, Texas, a products liability case filed against a crane manufacturer which involved a decapitation
- Obtained for heavy truck manufacturer in noteworthy products liability death case involving the anti-lock braking system on the truck pending in the U.S. District Court, Northern District of Georgia, a dismissal by plaintiffs of all claims against the client; the United States Supreme Court had previously rendered an opinion relative to the case on preemption issues
- Obtained summary judgment for a heavy truck manufacturer in crashworthiness case pending in El Paso, Texas
- Obtained for defendant tire manufacturer the court-imposed sanction of dismissal of plaintiffs' case from United States District Court of Southern District of Indiana in products liability case involving recalled tire and alleged neurological injuries to plaintiff
- Settled post crash fuel fed fire case involving death by burning for heavy truck manufacturer for $5,000
- Settled for $5,000 a case in which client had failed to remedy defect in recalled steering system component despite fact that vehicle was in client's hands on multiple occasions
- Obtained summary judgment for a heavy truck manufacturer in a post crash fuel fed fire case involving death by burning
- Obtained summary judgment for school bus chassis manufacturer in a products liability case involving a school bus which ran over and severely injured a school child
- Obtained a voluntary dismissal of plaintiff's claims against a school bus chassis manufacturer in a case involving severe internal injuries to a school child whose body impacted the seat back in front of the position he was sitting in on the bus
- Obtained voluntary dismissal of paraplegic plaintiff's claims against tire manufacturer in case involving recalled tire pending in Orange County, Texas
- Obtained voluntary dismissal of claims of survivors of truck driver burned to death in post crash fuel fed fire case filed against major heavy truck manufacturer
- Obtained voluntary dismissal of claims of plaintiff whose case was pending in Orange County, Texas and who allegedly suffered serious neck and neurological injuries in rollover accident involving a recalled tire
- Obtained release of all claims from survivors of and estate of deceased truck driver in crashworthiness case filed against major truck manufacturer for the settlement amount of $13,000, after very minimal expenditure of client's funds in the defense of the case
- Obtained voluntary dismissal of burned plaintiff's claims against heavy truck manufacturer in post crash fuel fed fire case pending in Davidson County, Tennessee
- Obtained summary judgment for heavy truck manufacturer in crashworthiness case pending in Harris County, Texas filed by partial paraplegic
- Obtained summary judgment for heavy truck manufacturer in post crash fuel fed fire death case in Tarrant County, Texas
- Represented major pharmaceutical manufacturer in diet drug litigation
- Represents major tire manufacturer in litigation involving tires which were recalled in national recall program
- Defended clients in products liability cases involving passenger restraints, post-collision fuel fed fires, unexpected acceleration, crashworthiness, anti-lock braking systems, and the design of many automotive components
- Clients have included manufacturers of passenger cars, light trucks, heavy trucks, garbage trucks, car transport vehicles, cement mixers, buses, motorcycles, tractors and other mobile agricultural equipment, and off-road heavy equipment
- Clients have also included manufacturers of vehicular components, including fuel tanks, batteries, tires, and wheels
Mass tort and toxic tort experience - Defended clients in variety of high profile mass tort cases including those involving recalled tires, diet drugs, and hazardous waste releases
- Defended clients in cases involving alleged exposures to acrylates; ammonia; asbestos; benzene; chromium; chlorine gas; clays; dibro-chloropropane (DPCP); the pesticide Dursban (chlorpyrifos); diesel exhaust; endemic fungus; ethyl monochloracetate; formaldehyde; hydrochloric acid; industrial glass; iron; lead; manganese; nickel; nylon; Piperazine; polycyclic aromatic hydrocarbons; polyurethane; polyvinyl chloride; refractory materials; silica; sulfuric acid; talc; toluene diisocynate; vinyl chloride monomer; and alleged exposures to a wide variety of hazardous wastes
- Defended class action suits
- Handled mass tort cases involving alleged exposures to hazardous wastes emitted from hazardous waste disposal facility
- Researched hazardous waste generators' liability and authored a major work on that subject
- Handled cases involving multiple chemical sensitivities
- Defended claims regarding the cancer-producing nature of products and claims of fear of increased risk of contraction of cancer
- Defended major case involving toxicity of burning materials
- Handled cases involving indoor home air quality
- Handled cases involving injection of medical substances into the body
- Handled cases involving injuries arising from the application of hair preparations, including dyes and permanent solutions
- Experience in toxic torts includes experience in cases dealing with workplace exposures, accidental releases, building exposures, hazardous waste disposal site cases and intentional pollution cases
- Served as lead trial counsel in what is believed to be the first silica exposure-related product liability case tried in the country; the case was tried to a successful defense verdict in east Texas
- Tried a premises owner's liability case where a business invitee alleged he contracted coccidioidmycosis, an endemic fungal disease, while on the owner's land
- Named as a potentially responsible party in an EPA investigation of a site where asbestos abatement materials were left unattended; Dale's asbestos-containing kitchen floor tile, which was removed during home renovation, was found among the forsaken asbestos materials at the site
- Developed extensive knowledge of disease processes and injuries, including cancers, neurologic injuries, heart valve disease, primary pulmonary hypertension, systemic lupus erythematosus, adult respiratory distress syndrome, idiopathic pulmonary fibrosis, scleroderma, rheumatoid lung, mixed connective tissue disorders, autoimmune disease, sarcoidosis, coccidioimycosis, histoplasmosis, and other widespread systemic diseases
Other significant experience - Defended clients in cases involving quadriplegia, paraplegia, severe burns, amputations, and fatalities
- Tried cases in such pro-plaintiffs jurisdictions as Marshall, Henderson, Brownsville, and Beaumont, Texas, Cook County, Illinois, and West Palm Beach, Florida
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Activities and Affiliations
- Sustaining Member: The Products Liability Advisory Council, Inc.
- Member: American Bar Association, Section of Litigation's committees on product liability (and its Subcommittee on environmental and mass torts) and on environmental litigation; Trial Attorneys of America
- Listed: Who's Who in American Law
- Author: Several articles in the field of product liability
- Attended: Year 2000 SAE Heavy Vehicle Rollover Toptec Seminar and Heavy Vehicle Rollover Demonstration; Joint Workshop on Liability Issues in Advanced Vehicle Control and Automated Highways Systems; The International Conference on Crystalline Silica Health Effects held in Baltimore in 1994; The International Pneumoconiosis Conference held in Pittsburgh in 1988
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Education and Professional Background
- The University of Texas, B.A. in government with high honors and special honors in government, 1971 (Phi Beta Kappa; Pi Sigma Alpha; Phi Eta Sigma)
- The University of Texas School of Law, J.D. with honors, 1974 (Order of the Coif; named "Outstanding Graduate of 1974" by The University of Texas chapter of Phi Delta Phi)
- Admitted to practice: Texas, 1973; all Texas courts; U.S. District Courts for the Northern, Southern, Eastern, and Western Districts of Texas
- Assistant District Attorney, Dallas, Texas, 1974-1977
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