Kemp Smith’s litigation practice is divided primarily between commercial and insurance defense litigation. The firm's trial lawyers practice before Texas and New Mexico state and federal courts and have extensive experience in virtually all aspects of trial practice. The Litigation Department is committed to the principle that avoidance of unnecessary litigation is as important as the successful pursuit and conclusion of a lawsuit.
Bad Faith Litigation
Defense of insurance companies in claims of bad faith and other statutory violations
Insurance Defense
Personal injury and wrongful death claims
Professional malpractice defense for architects, engineers, lawyers, realtors, insurers and other professionals
Sexual discrimination and misconduct disputes
Vehicle accident matters
Product Liability
Negligence, strict liability and warranty-based claims related to an alleged defective product
Drug and medical device litigation
Asbestos and other chemical exposure claims
Consumer Law
Defense of businesses related to violations of the Deceptive Trade Practices Act and other claimed statutory violations
Commercial
Sales contracts, leasing, product distribution, licensing, and franchising disputes
Fraud and bad faith
Texas Deceptive Trade Practices Act
Lender liability claims
Matters involving FDIC-insured institutions
Debtor/creditor litigation
Consumer disputes
Fair Credit Reporting Act
Enforcement and Defense of Intellectual Property Rights
Arbitration and Alternative Dispute Resolution
Mediation
Commercial, construction, and consumer matters
Insurance coverage disputes
International arbitration and disputes
Constitutional
Libel and first amendment claims
Misconduct claims against public officials
Constitutional challenges to statutes, regulations, and actions of public bodies
Construction and Engineering
Professional malpractice claims
Bid disputes and contract warranty claims
Owner/developer, contractor, subcontractor, and material supplier claims