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Matthew T. McLain

Matthew T. McLain

Local Office Managing Partner

TX – Dallas-Fort Worth
T: 817.945.8038 | F: 817.753.3232

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Matt maintains an active civil litigation practice in Texas and Louisiana. His practice includes all aspects of civil litigation from initial case assessment through jury verdict and post-judgment motions. Matt counsels and defends clients in construction defect, premises liability, products liability, toxic torts and trucking cases in both federal and state courts. He also has extensive experience advising and defending commercial business litigation cases including those involving breach of contract, theft of trade secrets and breach of fiduciary duty. Further, Matt represents financial institutions in cases involving wrongful foreclosures and disputes arising from warehouse lending agreements.

Practices

  • Represented trucking company and its driver after a tow truck driver was loading our client’s disabled box truck onto their tow truck’s flatbed when an independent third-party tractor-trailer operator veered off the highway and struck the tow truck, fatally injuring the tow truck driver; the Court dismissed all claims against our client for lack of proximate cause.
  • Obtained unanimous defense verdict with the jury finding no negligence on behalf of our clients in a case alleging that our client’s employee’s actions caused Plaintiff to strike our client’s tractor-trailer; established evidence and laws of physics supporting the impossibility that the collision occurred in the manner Plaintiff contended.
  • As co-counsel, obtained summary judgement against Plaintiff after they failed to exercise due diligence in attempting to serve our client with citation within the statute of limitations period; the lawsuit included allegations Plaintiff’s vehicle struck a four-foot-long post lying on the ground in a parking lot owned by our commercial shopping center client.
  • As co-counsel in a wrongful death, premises liability case, argued the charge conference and trial objections that led the Texas Supreme Court to reverse a multi-million dollar wrongful death verdict and render a take-nothing judgment in favor of his client.
  • Achieved voluntary dismissal of multi-million dollar wrongful death claim based on the Court’s indication during oral argument that it would sustain defendant’s challenges to plaintiff’s expert witnesses.
  • Obtained voluntary dismissal of federal court injunction and claims against client in international commercial dispute alleging theft of trade secrets.
  • Prevented improper testing and treatment of evidence in pre-litigation multi-party site investigations to protect clients from subsequent improper and unnecessary litigation.
  • Co-defense counsel for construction materials client against accusations of indemnity, breach of contract and contribution claims wherein Plaintiff attempted to recover more than half a million dollars for an underlying multi-vehicle accident; the Court granted our motion dismissing all claims against our client with prejudice.
  • Handled multiple day long pre-trial hearings in the Texas Asbestos Multi District Litigation (MDL).
  • Managed the defense and resolution of thousands of claims for premises and products defects in the Texas Asbestos MDL.