Donald B. McFall

Donald B. McFall

Shareholder

PHONE: 713.590.9310

FAX: 713.590.9399

EMAIL: dmcfall@mcfall-law.com

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BAR ADMISSIONS

  • Texas, 1969
  • Virginia, 1969
  • U.S. District Court for the Southern District of Texas, 1970
  • U.S. District Court for the Eastern District of Texas, 1974
  • U.S. District Court for the Western District of Texas, 1975
  • U.S. District Court for the Northern District of Texas
  • U.S. Court of Appeals, 5th Circuit, 1971
  • U.S. Court of Appeals, 11th Circuit, 1982
  • U.S. Court of Federal Claims, 1995
  • U.S. Supreme Court, 1980

REPRESENTATIVE CASES

  • Represented Compaq Computer Corporation in the case of Patsy Heard vs. Compaq Computer Corporationwhich was the first carpal tunnel syndrome case taken to trial in the United States. The case was tried in a Texas District Court, and the verdict was in favor of Compaq Computer Corporation. This case, in essence, ended the carpal tunnel syndrome litigation.
  • Represented the Procter & Gamble Company in the defense of claims that a plaintiff had suffered Toxic Shock Syndrome after the use of a Procter & Gamble product. Shortly after jury selection, the case settled.
  • Represented an individual who was indicted, along with others, by the federal government, in the United States District Court in New Orleans for violations of Title 15 U.S.C. 1 (allegations of price fixing). The case was tried over a six week period in 1990, and the jury returned with a verdict of not guilty for all defendants.
  • Represented a pipeline company in a Texas District Court regarding an alleged breach of fiduciary duty claim against the pipeline operator. The case settled very favorably for the pipeline company.
  • Represented a pipeline operator in a lawsuit involving the alleged breach of a pipeline operating agreement. This was a multi-month arbitration proceeding which was settled near the end of the arbitration proceedings. Valero Energy Corp. v. Teco Pipeline Company, 2 S.W.3d 576 (Tex. App. – Houston 14th Dist., 1999).
  • Represented numerous plaintiffs in class action litigation involving claims of diminished value regarding Texas automobile insurance policies. The cases were concluded by an adverse ruling from the Supreme Court of Texas in 2003.
  • Represented a major hospital corporation in a multi-week trial involving claims of wrongful life. The case was lost at the trial level and was reversed and rendered for the hospital corporation in a ruling by the Supreme Court of Texas. Miller ex rel. Miller v. HCA, Inc., 118 S.W. 3d 758 (Tex. 2003).
  • Defended a publishing company in a case involving Lanham Act and breach of contract claims regarding a publication for the interior design industry. The case involved the successful defense of an injunction request and, ultimately, a favorable summary judgment. The Decorative Center of Houston, LP v. Direct Response Publications, Inc., 264 F.Supp. 2d 535 (S.D. Tex. 2003).
  • Represented a lawyer in a lengthy legal malpractice case where, at the conclusion, the trial court rendered a directed verdict for the lawyer defendants and assessed sanctions against the plaintiff and his counsel in an amount in excess of $950,000. The allegations in the trial court included alleged violations of the Racketeer Influence and Corrupt Organizations Act. See Metzger v. Sebek, 892 S.W. 2d 20 (Tex. App., Hou. [1st Dist.] 1994); Bradt v. West, 892 S.W. 2d 56 (Tex. App., Hou. [1st Dist.] 1994); and Bradt v. Sebek, et al., 14 S.W. 3d 756,762 (Tex. App. —Hou. [1st Dist.] 2000, pet. denied).
  • Represented in a lengthy trial the Gulf Coast Waste Disposal Authority with respect to tax assessments. The trial court ruled for the Gulf Coast Waste Disposal Authority, and the case was reversed and rendered by the Supreme Court of Texas. Satterlee v. Gulf Coast Waste Disposal Auth., 576 S.W. 2d 773 (Tex. 1978).
  • Represented Boatland of Houston, Inc. in the first products liability case in Texas to consider the admission of state of the art evidence. The case was won in the trial court after a lengthy jury trial, and the court of appeals reversed and remanded for a new trial. On further appeal, the Supreme Court of Texas ruled in favor of Boatland of Houston, Inc. and held that state of the art evidence in a products liability case is admissible. This was a landmark opinion in the area of products liability. Boatland of Houston, Inc. v. Bailey, 609 S.W.2d 743 (Tex. 1980). 
  • Represented Texas Employers’ Insurance Association in a landmark case involving the Texas Worker’s Compensation Act. The Supreme Court of Texas held, for the first time, that when a worker has been driven to suicide because of his work-related injuries, the heirs are entitled to full compensation. Saunders v. Texas Employers’ Ins. Ass’n, 526 S.W.2d 515 (Tex. 1975).
  • Represented several convicted persons in pro bono matters before the United States District Courts as well as the United States Court of Appeals for the Fifth Circuit.
  • Represented an individual indicted in the United States District Court for the Central District of Los Angeles for alleged violations of the Investment Company Act of 1940. After a lengthy jury trial, the client and a co-defendant were convicted and sentenced to probation. U.S. v. Snyder, et al., 562 F.2d 57 (9th Cir. 1977).
  • As an assistant United States attorney, assisted in the trial and conviction of public officials in Starr County, Texas, who were indicted for voter fraud. The case was tried in the United States District Court for the Southern District of Texas, Brownsville Division, and all defendants were convicted. The Court of Appeals for the Fifth Circuit affirmed the conviction. The conviction was upheld on appeal.
  • Represented the North River Insurance Company at the trial level and on appeals on insurance coverage issues.
  • Successfully represented oil field service companies in litigation involving personal injuries caused by alleged defects in drilling equipment.
  • As an assistant U.S. attorney, assisted in the conviction of a prominent Houston criminal defense attorney for the possession of illegal firearms. A successful jury verdict was affirmed on appeal by the United States Court of Appeals for the Fifth Circuit. United States v. Tarrant, 460 F.2d 701 (5th Cir. 1972).
  • Represented successfully numerous individuals involved in divorce proceedings.
  • Represented corporate defendants against claims brought in a Texas District Court arising from the deaths of persons attempting to escape a drilling rig off the coast of Brazil following a blowout. The United States District Court for the Southern District of Texas dismissed the claims and remanded the case to state court.Filho, et al. v. Pozos International Drilling Services, Inc., et al., 662 F.Supp. 94 (S.D. Tex. 1987).
  • Represented a well service company in a case involving allegations of a defective mobile drilling rig where an oilfield worker lost an arm. The case was tried successfully in the United States District Court for the Southern District of Texas and affirmed on appeal. Petty v. Ideco, Division of Dresser Industries, Inc., 761 F.2d 1146 (5th Cir. 1985).
  • Represented a partner at a major Houston law firm who was held in contempt of court for refusing to comply with a federal grand jury subpoena which sought privileged attorney work product. On appeal, the decision of the United States District Court holding the attorney in contempt of court was reversed. In Re Thompson, 624 F.2d 17 (5th Cir. 1980).
  • Represented a hospital in a personal injury case involving allegations that a premature baby was blinded by excessive oxygen in the incubator. The trial court ruled in favor of the plaintiffs, and, on appeal, the appellate court held that the hospital was entitled to full indemnity from the manufacturer of the incubator. Air Shields, Inc., et al. v. Spears, et al., 590 S.W. 2d 574 (Tex. App. – Waco, 1979).
  • Represented a corporation involved in the explosion of a liquefied natural gas storage facility in New York. The corporation was sued in Texas, and its special appearance was granted by the trial court as it did not have sufficient contacts with Texas. The appellate court affirmed the ruling of the trial court. Dow Chemical Co. v. Napp-Grecco Co., 565 S.W. 2d 384 (Tex. App. – Hou. [14th Dist.], 1978).
  • Represented doctors and hospitals in numerous negligence cases, requiring many jury trials.
  • Successfully represented a prominent Houston plaintiff’s attorney in a case involving alleged appellate malpractice. The underlying case involved serious allegations against a Houston doctor, and he prevailed in the trial court. Then, the court of appeals reversed and rendered for the plaintiff. Finally, in the Supreme Court of Texas, the appeal was dismissed for want of jurisdiction, as the notice of appeal was not filed timely. Thus, the judgment of the trial court was reinstated. Then, the plaintiff in the underlying case filed an appellate malpractice claim against several attorneys for their failure to file the notice of appeal timely. A summary judgment granted in that case for all of the attorneys was affirmed by the First Court of Appeals in Houston. Grider v. Mike O’Brien, P.C., O’Quinn & Laminack and its Successor in Interest, The O’Quinn Firm, John M. O’Quinn and Kaiser &. May, L.L.P., 260 S.W.3d 49 (Tex. App. — Houston [1st Dist.] 2008, pet. denied). The Supreme Court of Texas refused to review the case.
  • Successfully defended a Washington, D.C., law firm which was sued in a Texas District Court for alleged legal malpractice. The law firm prevailed in the trial court, and the trial court judgment was affirmed on appeal. The Pain Care Center, Inc. and Marsha Hughes, v. O’Connor & Hannan, L.L.P. No. 14-06-00166-CV, (Tex. App. – Hou. [14th Dist.], 2008).
  • Successfully defended a prominent Houston attorney in a case involving claims for a referral fee of a major piece of litigation. The claims were denied by the trial court by way of summary judgment, and the summary judgment for the defendants was affirmed on appeal. Valentine v. Lloyd R. Cunningham, Jr. and Cunningham & Associates, P.C., No. 01-07-00054-CV, (Tex. App. – Hou. [1st Dist.], 2008). The Supreme Court of Texas refused to review the case.
  • Represented several corporate entities in a San Antonio, Texas, District Court where violations of the Texas Securities Act, as well as breach of contract claims, were alleged. Following a lengthy jury trial, the court ruled in favor of the plaintiffs. The court of appeals affirmed the trial court judgment, Aegis Insurance Holding Company, L.P. v. Gaiser, et al.; No. 04-05-00938-CV, (Tex. App. – San Antonio [4th Dist.], 2007)., and the Supreme Court of Texas refused to review the case.
  • Represented a major oil company in a Texas District Court, Beaumont, Texas — a case alleging wrongful termination, fraud and conspiracy. The jury trial lasted twelve weeks, and the court entered a judgment for the plaintiffs. While the case was on appeal, a settlement was reached between the parties. Crown Central Petroleum, et al. v. Lebo R. Manduso, Jr., et al.

EDUCATION

  • Woodberry Forest School, Orange, Virginia, 1960
  • Washington and Lee University, Lexington, VA, 1964
    B.A.
  • Washington and Lee University School of Law, Lexington, Virginia, 1969
    Juris Doctor

PUBLISHED WORKS

Co-Author: “Privileges Under Texas Law: A Dying Breed?,” 31 S. Tex. L. Rev 471, May, 1990

HONORS AND AWARDS

  • Fellow, American College of Trial Lawyers
  • Fellow, International Society of Barristers
  • Advocate, American Board of Trial Advocates (National Board of Directors, 1995 – 1998)
  • Fellow, Texas Bar Foundation
  • Fellow, Houston Bar Association

PROFESSIONAL ASSOCIATIONS AND MEMBERSHIPS

  • Member, State Bar of Texas
  • Member, Virginia State Bar
  • Member, International Association of Defense Counsel
  • Member, Federation of Insurance and Corporate Counsel
  • Member, Texas Association of Defense Counsel
  • Member, Defense Research Institute

PAST EMPLOYMENT POSITIONS

Assistant United States Attorney, Southern District of Texas, 1970 – 1971

MILITARY SERVICE

First Lieutenant, United States Army 1964-1966

FRATERNITIES/SORORITIES

Phi Delta Phi
Sigma Alpha Epsilon