Since 1946, Touchstone Bernays has been known principally for the quality of its trial lawyers. Dedicated to defense, Touchstone lawyers produce excellent results in a wide variety of cases and practice areas. From appellate work to coverage, we provide quality representation by skilled advocates who put the client first.
Appellate
Our appellate team handles appeals to the U.S. Fifth Circuit and all state appellate courts in Texas. While principally focusing on appeals of cases tried within the firm, our respected appellate lawyers are often hired to take over outside cases when they reach the appellate stage. The team strives to achieve excellent results while providing realistic and timely evaluations.
Contact:
Sid Davis
Dawn W. Hansen
Representative case:
In re Trinity Universal Ins. Co., 64 S.W.3d 463 (Tex. App. - Amarillo 2001, orig. proceeding) This case reaffirmed a precedent regarding the separation of UM/UIM claims and was reported in an article in the Texas Lawyer newspaper.
Bad Faith / Extra-Contractual
Our attorneys have a wealth of experience in handling litigation involving bad faith and extra-contractual claims. With liability often being alleged under both statutory and common law theories, insurance companies need qualified attorneys who can not only advocate their position at trial, but can assist them in decisions before a lawsuit is filed. We provide this type of service to clients every day.
Contact:
Wayne Gordon
Sid Davis
Mike Tanner
Dawn Hansen
Business & Commercial Litigation
We have substantial experience in defending various business and commercial claims. We handle claims that range from simple real estate or contractual disputes to more complicated claims involving partnerships, joint ventures, or the control of a business
Contact:
Mark Smith
Wayne Gordon
Ron Johnson
Mike Tanner
Construction
Our active trial practice includes a significant amount of construction-related litigation. We are recognized as "approved construction counsel" for a major liability insurance carrier which makes this practice area one of our more highly active and robust. We represent general contractors, subcontractors, architects, property owners, homeowners and independent contractors. We have successfully handled litigation involving scaffolding, cranes, electrocutions, equipment rollovers and accidents, fire damage, water damage, excavations, paving falls, steel erection, and contract and indemnity issues.
Contact:
Wayne Gordon
Ron Johnson
Mike Tanner
Bart Ridley
Darrell W. Calvin, Jr.
Rodney P. Geer
Todd Hewes
Coverage Opinions & Litigation
The coverage section is an integral element of our practice. Our experience includes drafting coverage opinions on a wide variety of issues and representing our clients in the prosecution and defense of litigated insurance disputes between insurers and policyholders under all types of first-and-third party policies. These issues include duty to defend, duty to indemnify, occurrence, punitive damages, additional insureds, contractual indemnity, extra-contractual obligations, automobile insurance (UM/UIM, stacking, offsets, permissive use, covered vehicles and consent to sue), professional liability insurance, and excess coverage. Our lawyers have been actively involved in insurance contract interpretation and litigation for several decades.
Contact:
Sid Davis
Dawn W. Hansen
Employer Liability
Touchstone has extensive experience in defending employers on gross negligence, punitive damage cases filed by families of workers killed in the course and scope of employment. The scope of this practice includes defending non-subscriber employers from negligence suits, and defending employers from employee suits alleging various liability theories such as libel and slander, invasion of privacy, and intentional infliction of emotional distress.
Contact:
Wayne Gordon
Rodney P. Geer
Employment Practices
The firm handles a wide variety of employment related issues. This practice includes defending employers in discrimination, wrongful termination, and ADA cases. This team also advises and consults employers prior to suit or claim, including assistance in developing and implementing appropriate policies and procedures.
Contact:
Wayne Gordon
Rodney P. Geer
Estates & Trusts
Our estates and trusts practice offers both estate planning advice and preparation of estate planning instruments including wills, revocable trusts and other wealth preservation and transfer matters. We also assist with will probate and administration of decedents' estates.
Contact:
Mark Smith
Wade C. Smith
Equine Law
Our attorneys have successfully tried cases involving equine safety products, trailers, agricultural products and the Texas Equine Activities Liabilty Act. Our equine attorneys are well versed in the purchase and sale of elite competition horses, application of Texas Equine Activities Liability Act, quarantine issues, contract negotiations and protection of trademarks.
Members of our Equine Group bring more than just legal knowledge to the issues presented by our clients. Attorneys at Touchstone not only understand the law, they live it. Our equine attorneys are horse owners, competitors and parents of active equestrians. We are also familiar with the USEF hearing process, USEA rules, FEI rules, and PRCA rules and regulations.
Our equine attorneys hold memberships with the United States Eventing Association, United States Equestrian Federation, United States Pony Club, American Quarter Horse Association, American Paint Horse Association, and North Texas Eventing Association.
Active in both the legal and the equestrian community, we remain apprised of the current issues facing the equine industry.
We offer a wide range of legal services to handle the special issues that arise in equine law including litigation, contract drafting and contract disputes. Our equine attorneys offer counsel in the following areas: sale and lease agreements, boarding agreements, breeding and reproduction contracts, insurance defense, insurance coverage, personal injury, property damage, products liability, premises liability, veterinary malpractice, corporate and business formation, administrative hearing issues and estate planning.
Contact:
Margaret "Meg" Johnson
Government & Municipal Liability
Touchstone Bernays has extensive experience in representing governmental entities and municipalities in personal injury suits and other tort liability cases. Our attorneys are well versed in all aspects of potential governmental liability, the defenses available, and protection afforded under the Texas Tort Claims Act and Federal Tort Claims Act.
Contact:
Wayne Gordon
Dawn Hansen
Health Care Liability
The firm's experience in health care liability includes the representation of doctors, hospitals, nursing homes as well as psychiatrists and other mental healthcare professionals.
Contact:
Ron Johnson
James Bertsch
Insurance
Insurance litigation has long been the cornerstone of the firm's practice. Our attorneys have literally tried thousands of cases in this area. Cases run the gamut from simple auto liability to complicated extra-contractual claims and declaratory judgment actions. Our attorneys have vast experience developing and litigating these cases before Texas juries. However, our experience is also instrumental in assisting the claims handler in evaluating cases in a timely manner. It is an important function of the firm to provide reasonable and sound advice in evaluating whether a case should be tried. This is why so many insurance companies turn to Touchstone Bernays in conducting examinations under oath before suit is filed.
Contact:
Tom J. Stollenwerck
Rocky Feemster
Mike Tanner
James Bertsch
Sid Davis
Wade C. Smith
Dawn Hansen
Darrell W. Calvin, Jr.
Todd Hewes
Intellectual Property
Contact:
Mass Torts
With the advent of mass tort litigation, insurance companies and self-insured carriers alike have relied on us to guide them through the maze of issues faced in these cases. Because it is not uncommon to have hundreds or thousands of plaintiffs alleging injury, it is critical to be represented by a firm with both the manpower and skills to sift through the large volume of documents generated, and to evaluate the plaintiffs' claims efficiently. Touchstone Bernays has many years of experience in handling mass tort litigation. We have defended companies and individuals in cases involving exposure to asbestos, silica, toxic chemical or the alleged harmful effects of prescription drugs.
Contacts:
Tom J. Stollenwerck
Mark Smith
Ron Johnson
Barton L. Ridley
Wade C. Smith
Representative cases:
- Phen-fen litigation
- Diet drug; 4000+ plaintiffs
- Lone Star Steel litigation
- Chemical exposures; 2000+ plaintiffs
- Frazier v. Ashland Chemical, et al.
- Chemical exposures; 400+ plaintiffs
- Scott v. Thiokol, et al.
- Chemical exposures; 300+ plaintiffs
Personal Injury
We have extensive experience handling claims involving personal injury. In a litigious society, personal injury claims have become big business for plaintiff's attorneys and cooperating doctors alike. Clinics specializing in litigated personal injury claims are now commonplace with doctors treating under letters of protection. In order to successfully defend against these claims, it is important to have defense counsel that can quickly complete the necessary discovery to expose these arrangements. In more serious personal injury and death claims, our lawyers have the experience to mount a successful defense against any personal injury claim.
Contact:
Tom J. Stollenwerck
Wayne Gordon
Rocky Feemster
Mike Tanner
James D. Bertsch
Barton L. Ridley
Wade C. Smith
Darrell W. Calvin, Jr.
Todd Hewes
Premises Liability
We have substantial expertise defending the realm of premises liability claims. We handle and try cases ranging from the typical "slip/trip and fall" claim, to more serious matters involving assault and injury in which allegations of inadequate security are made. Our experience includes retail establishment security cases, parking lot, apartment, wet floor, latent defect, and attractive nuisance claims, as well as property claims involving damage to land by virtue of design/drainage difficulties. The firm's lawyers have tried numerous cases on these issues, and can provide reasoned and sound advice to litigants facing such suits.
Contact:
Rocky Feemster
Mike Tanner
James Bertsch
Todd Hewes
Products Liability
The firm has handled a variety of products liability matters in the state and federal courts throughout Texas. Our lawyers handle cases involving construction equipment, home-use products, and agricultural products, such as pneumatic tools, cattle trailers, space heaters, area fans, industrial seating, tractors, grain augers, water heaters, spa equipment, field sprayers, trim presses and other manufacturing equipment, power boats, and packaging material. While the above list is not exhaustive, it does indicate the broad range of experience within the firm in defending product liability matters. Our lawyers stand ready to provide assistance in such cases, and to present to a jury, in as most favorable a light as possible, your company and products. We have found that our aggressive preparation of such cases in an efficient and effective manner encourages claimants to often resolve these cases, via settlement, on terms favorable to the Defendant.
Contact:
Ron Johnson
Wayne Gordon
Tom Stollenwerck
Rocky Feemster
James Bertsch
Barton L. Ridley
Wade C. Smith
Mike Tanner
Todd Hewes
Professional Liability
Touchstone Bernays is active in handling multiple types of professional liability cases. This type of litigation includes the defense of legal and medical malpractice claims, claims against insurance agents, claims against officers and directors and other professionals.
Contact:
Ron Johnson
Sid Davis
James Bertsch
Trucking Industry Liability
The firm has extensive experience and a successful history of handling property damage and catastrophic personal injury claims involving the trucking industry. A member of the Trucking Industry Defense Association, Touchstone Bernays works with both national and regional trucking lines. The firm is sensitive to the stringent requirements placed on the trucking industry and has extensive experience with both interstate and intrastate operators. Due to Department of Transportation requirements and the fact that the trucking industry presents the largest target on U.S. highways for plaintiff's attorneys, it is important to have defense counsel with the background and ability to efficiently evaluate a case, conduct discovery and quickly formulate a plan of action that will effectuate a prompt resolution. Touchstone lawyers have successfully defended clients in cases ranging from minor collisions to head-on truck accidents with multiple fatalities. With increasing governmental controls and highways full of potential claimants, Touchstone lawyers have the ability and desire to keep its clients on the road.
Contact:
Rocky Feemster
Tom Stollenwerck