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Kendall is a board certified civil appellate specialist who has represented clients in state and federal appellate courts such as the US Supreme Court, the US Courts of Appeal for the Fifth and Ninth Circuits, the Supreme Court of Texas and many intermediate courts of appeal. His practice includes a variety of complex commercial, medical malpractice and toxic tort matters, as well as a particular focus in disputes involving employee benefits, managed care and ERISA. The disputes commonly require complex written and oral advocacy on such topics as ERISA preemption, federal jurisdiction, and the admissibility and reliability of scientific or medical evidence.
REPRESENTATIVE CASES
Mirant Corp. v. Potomac Electric Power Corp. (In re Mirant Corp.), 378 F.3d 511 (5th Cir. 2004)
Aetna Health Inc. v. Davila, 124 S. Ct. 2488 (2004)
Haynes v. Prudential Health Care, 313 F.3d 330 (5th Cir. 2002)
Ford v. NYLCare Health Plans of the Gulf Coast, Inc., 301 F.3d 329 (5th Cir. 2002)
Sulzer Carbomedics, Inc. v. Oregon Cardio-Devices, Inc., 257 F.3d 449 (5th Cir. 2001)
Union Pacific Resources Group, Inc. v. Rhone-Poulenc, Inc., 247 F.3d 574 (5th Cir. 2001)
Corporate Health Insurance, Inc. v. Texas Department of Insurance, 215 F.3d 526 (5th Cir. 2000), on reh’g, 220 F.3d 641 (5th Cir. 2000), granted, vacated and remanded, 536 U.S. 935 (2002), aff’d as modified, 314 F.3d 784 (5th Cir. 2002)
Ehlmann v. Kaiser Foundation Health Plan of Texas, 198 F.3d 552 (5th Cir. 2000)
Ingersoll-Rand Co. v. Valero Energy Corp., 997 S.W.2d 203 (Tex. 1999)
ARTICLES / PUBLICATIONS
"I’m All Verklempt!" (June 02, 2006)
"What We’ve Got Here Is a Failure to Communicate: Update on the Law of Lawyering" Texas Association of Defense Counsel Spring Meeting (April 04, 2002)
"The Report of my Death Was an Exaggeration: ERISA Preemption and Related Issues in Welfare Plan Litigation" Second National Legal Forum for Healthcare Attorneys and Corporate Counsel in Managed Care Organizations (November 01, 2001)
"What We've Got Here Is a Failure to Communicate: Update on the Law of Lawyering" Advanced Civil Appellate Practice Course (September 20, 2001)
"Suspending Enforcement of the Trial Court’s Judgment" Seminar on Trial and Appellate Procedure (November 07, 1997)
"Treading the Mine Field: Suing and Defending Non-Residents in Texas State Courts" 46 Baylor L. Rev. 581 (January 04, 1994)
"Merchantability and Used Goods: Do You Really Get What You Pay For?" 45 Baylor L. Rev. 665 (January 05, 1993)
BRIEFINGS, SEMINARS & SPEECHES
All I Really Need to Know About Ethics I Learned in Kindergarten (June 02, 2005)
PROFESSIONAL / CIVIC AFFILIATIONS
Houston Bar Association
Appellate Section
State Bar of Texas
Appellate Section
Bar Association of the Fifth Federal Circuit
Board Certified - Civil Appellate Law, Texas Board of Legal Specialization | 