REPRESENTATIVE TRIALS AND APPEALS:

TRIALS

  • Successful defense (no liability, zero damages) of the sole defendant in a 6 month long jury trial in a mass toxic tort action prosecuted by over 200 individual plaintiffs seeking over $600 million arising from alleged exposure to chemicals from a hazardous waste site.
  • Successful defense (no liability, zero damages) of an manufacturer of drilling pipe in a jury trial of products liability claims seeking over $5,000,000 for an alleged down hole fracture of oil field pipe casing.
  •  Successful defense (no liability, zero damages) of the sole defendant in a 2 week long personal injury jury trial seeking over $10 million in damages resulting from an alleged premises defect (presence, installation, use, and removal of asbestos insulation).
  • Successful defense (no liability, zero damages) of an off-shore drilling rig builder in jury trial in the U.S. District Court, Southern District of Texas, Houston Division, seeking over $180 million arising out of an alleged breach of contract  to deliver three North Sea-capable Gorilla class deep water drilling rigs.
  • Defense of a wrongful death mesothelioma suit brought on behalf of the family of a deceased career union insulator seeking a multi-million dollar verdict in a jury trial pending in St. Louis, Missouri  (settled during trial).
  • Defense of a Fortune 100 company in a month long jury trial in the U.S. District Court, Southern District of Texas, Houston Division, involving fraud and negligent misrepresentation claims arising from a construction dispute seeking over $150 million arising out of a remediation of a hazardous waste Superfund Site in La Marque, Texas (settled during pendency of appeal after the district court granted j.n.o.v. rejecting all claims for gross negligence, punitive damages, and negligent misrepresentation).
  • Successful class certification trial to the District Court in Kingsville, Texas of a consumer fraud action involving approximately 1,000,000 Texas consumers.
  • Successful trial of a final fairness hearing in the District Court in Kingsville, Texas resulting in the approval of a class action settlement valued at over $100,000,000 in cash and other benefits to approximately 1,000,000 members of a certified consumer class in Texas.

REPORTED DECISIONS ON APPEAL

  •  Lockett v. HB Zachry Co., 285 S.W.3d 63 (Tex. App.- Houston [1st Dist.] 2009,  no writ) (presented oral argument and co-authored appellate brief; court of appeals affirmed defense summary judgment in favor of client in wrongful death premises liability action alleging that benzene exposure caused decedent’s Acute Mylogenous Leukemia).
  •  Barras v. Monsanto Co., 831 S.W.2d 859 (Tex. App. -Houston [1st Dist.] 1995, writ denied) (authored appellate briefs and presented oral argument on appeal; appellate court affirmed jury verdict and trial judgment in favor of our client against 222 plaintiffs in case alleging that defendant negligently disposed of carcinogenic and mutagenic hazardous wastes).
  •  Fisher Controls  Intern., Inc. v. Gibbons, 911 S.W.2d135 (Tex. App. – Houston [1st Dist.] 1995, writ denied) (presented oral argument on appeal and co-authored appellate briefs; trial judgment against client reversed and rendered that plaintiff take nothing from defendant in fraudulent inducement/breach of contract claim involving non-renewal of franchise and distribution agreement).
  •  Castillo  v. Gared, Inc., 1 S.W.3d 781 (Tex. App. Houston [1st Dist.] 1999, pet. denied) (hired post-trial to author appellate brief and present oral argument on appeal; appellate court affirmed the trial court j.n.o.v. on the basis that defendant owed no legal duty to plaintiff).
  • H & R Block, Inc. v. Haese, 976 S.W.2d 237 (Tex. App. – Corpus Christi 1998, pet. denied) (authored appellate briefs and presented oral argument in the appeal in support of the trial court’s order granting class certification; court of appeals affirmed trial court’s certification of the class).
  • H & R Block, Inc. v. Haese, 988 S.W.2d 742 (Tex.1999) (authored appellate briefs; Texas Supreme Court affirmed the trial court’s order limiting defendants’ contacts with class members consistent with appellate briefing on behalf of the certified class).
Edward M. Carstarphen
Board Certified – Civil Trial Law
Texas Board of Legal Specialization

Edward M. Carstarphen P.C.

7941 Katy Freeway #315
Houston, TX 77024
Tel: 713-587-6655
email: edward.carstarphen@outlook.com