C. David Kinder

Insurer Bad Faith Litigation

Successfully represented insurers in numerous trials involving large-exposure bad faith trials in catastrophe, hail damage, mold exposure, and foundation claims. He is lead trial counsel, representing a large national property and casualty insurance carrier, in numerous matters and trials throughout the United States. In dealing with each of these causes, Kinder and his team use innovative and “outside the box” strategies to get the best result for his client.

“Generic” Litigation 
Represented a client in two lawsuits against pharmaceutical manufacturers who claimed that their products were the same as the client’s product, or compared their products to the client’s products as a “generic”. Obtained two temporary injunctions and prevailed in two jury trials with verdicts over a two-year period. . 

Products Liability
Handled the defense of hundreds of claims brought throughout Texas related to alleged defects in travel trailers, vehicles, construction equipment, industrial machinery, power tools, plastic products, medical equipment and pharmaceutical products.

Litigation Involving Antitrust and Patent Claims
Represented a client in two matters involving claims related to violation of antitrust laws and patent infringement. Participated in a jury trial resulting in an antitrust verdict and represented the client in a patent infringement matter that resulted in a finding that the client’s patent was valid.

Inguran, LLC v. IMV International Corporation
Our team represented Inguran, a Texas company operating on the cutting edge of livestock reproduction technology. Inguran bought ten newly designed artificial insemination straw filling and sealing machines from IMV, the manufacturer. These machines were defective, and caused Inguran significant financial damages. Our team developed evidence supporting claims for breach of contract, breach of express and implied warranties, negligence and strict product liability. After taking and defending nearly twenty depositions in two countries and across three states—all of which advanced Inguran’s case—the matter was resolved to Inguran’s satisfaction, but in a confidential manner. 

Construction Litigation 
Represented a national developer in a high-profile case involving demolition of a building to construct a residential complex in furtherance of the City of San Antonio's efforts to revitalize downtown. Defeated attempts to obtain a temporary injunction preventing the demolition, thus allowing the project to move forward. 

Litigation Involving Land Use Dispute
Represented a major university in a land use dispute and obtained a favorable result for the university before the San Antonio Board of Adjustment, which affirmed the university's use of its property and granted all relief requested.

In re: Leonard K. Hoskins v. Hoskins, Inc., Colonel Clifton Hoskins and Hazel Q. Hoskins, in arbitration, Bexar County, Texas
Obtained a summary judgment confirming our client's acquisition and ownership of a ranch located within the South Texas Eagle Ford shale play. 

Pain Family USA, Inc. et al. v. Ashley Gill, et al., Cause No. 2012-CI-00064, in the 131st District Court of Bexar County, Texas
Represented a client in a multi-million dollar lawsuit against their business partners. Our team asserted claims for fraud and breach of fiduciary duties based on misappropriation of funds and multiple misrepresentations that were made regarding the growth and earnings of the companies. Obtained a favorable settlement of all claims in mediation within one week of filing suit.

Edward J. Swearingen v. Seven Q Seven, Ltd., et.al.; Cause No. 2009-CI-08757, filed in the 37th District Court, Bexar County, Texas
Obtained a favorable settlement for our client, Edward J. Swearingen, a nationally known designer of aircraft. Swearingen’s claims were related to his design efforts on re-engining JSTARS aircraft for the United States Air Force. Our team successfully recovered amounts due for his design fees and resolved a dispute concerning his partnership interests in Seven Q Seven, Ltd.

Javier Ramirez, M.D., v. Doctors Hospital at Renaissance, Ltd., et al., Cause No. C-2708-08E, in the 275th District Court of Hidalgo County, Texas
Defended a doctors-owned hospital and a series of individual doctors in a multi-million dollar lawsuit concerning a particular doctor’s partnership interest in the hospital. Obtained a take-nothing summary judgment on all claims in one of the most plaintiff-friendly venues in the country.

Litigation Involving Grand Hyatt Hotel in San Antonio, Texas
Representation of the owner of the Grand Hyatt Project in San Antonio concerning claims related to construction of the Project. The matter included representation of the client in numerous cases related to the amounts due for the construction of the Project. Defended the client by obtaining summary judgment and dismissals of claims based on defenses related to the payment bond on the Project.

Litigation Involving Travel Trailer Rollovers
Represented the client in obtaining favorable settlements relating to claims resulting from rollovers involving travel trailers manufactured by the client.