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Areas of Practice
Litigation

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
  • Mechanics' liens and surety bond claims
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