Concentration

Summary

In the mass tort and products liability area, Mr. Hughes has defended pharmaceutical drug manufacturers against strict liability, negligence, failure-to-warn and Medicaid fraud claims in various state and federal courts. He has also defended a variety of clients against claims involving occupational and residential exposure to benzene, styrene, asbestos and silica, including wrongful death cases. In his commercial practice, Mr. Hughes represents companies, both as plaintiffs and defendants, in an array of insurance and business disputes.

Mr. Hughes is actively involved in pro bono immigration matters through YMCA International and Catholic Charities.

Representative Engagements

• Pharmaceutical manufacturer-defense against strict liability, negligence, and failure-to-warn claims involving complex removal, multidistrict litigation, and expert qualification issues, including a multi-week jury trial in South Texas
• Pharmaceutical manufacturer-defense against Medicaid fraud and other statutory claims by multiple state attorneys general, including a multi-week trial in a Louisiana federal court
• Nutritional supplement manufacturer-summary judgment obtained for the manufacturer against a negligence claim relating to an allegedly contaminated batch of its product
• Product manufacturers and premises owners-defense and settlement of numerous cases in toxic tort litigation, including claims of exposure to benzene, styrene, asbestos and silica
• Oil and Gas Services Product Manufacturer-summary judgment obtained resulting in multi-million dollar insurance recovery for indemnification and defense obligations under an all risk policy after having a previous adverse ruling overturned by the Fifth Circuit
• Power Plant Operator-prosecuted and obtained favorable insurance recovery settlement under a business interruption policy
• Coal Mine Operator-prosecuted arbitration claim in London for insurance recovery under a property damage policy before an ad hoc international arbitration panel, resulting in favorable settlement
• Insurance company-defense and settlement of personal injury and property damage claims, including ten jury trials as first or second chair
• Wholesale wire and cable company-defense and prosecution of various employment matters, including two cases as a plaintiff involving alleged illegal activities of former employees
• Software development company-defense and settlement of fraudulent and negligent misrepresentation claims by a software licensee, including summary judgment on a fraudulent inducement claim
• Power plant construction company-defense against a construction dispute claim involving liquidated damages resulting in a favorable ruling after a multi-week hearing in front of a panel of arbitrators from the American Arbitration Association
• Pipeline construction company-defense and prosecution of commercial and construction claims with and against subcontractors and owners
• Professional sports organization-defense and prosecution against building subcontractors in a commercial and construction dispute
• Political asylum seeker from Cameroon-pro bono representation leading to a successful trial before the U.S. Immigration Court in which asylum was granted
• Special Immigrant Juvenile status seeker from Honduras-pro bono representation resulting in approval of the application after an administrative hearing

Publications, Speeches and Presentations

Publications

• “A New Argument Supporting Removal of Diversity Cases Prior to Service,” Defense Counsel Journal, April 2012 (publication pending)
• “The Legal Significance of Statistical Significance,” Westlaw Journal Pharmaceutical, March 2012
• “Are Branded Manufacturers Obligated to Sell Their Drugs to Generic Manufacturers So They Can Make Copies?” Baker Botts Life Sciences Newsletter, February 2012 (David Rodi, co-author)
• “You’ve Been Warned: FDA Warning Letters Are Not Final Agency Actions, But They Carry More Risk Than Ever,” Baker Botts Life Sciences Newsletter, February 2012 (Aaron Davidson, Matt Eagan, co-authors)
• “Innovator Liability Still Not Viable in the Aftermath of Pliva v. Mensing,” Pharmaceutical Technology, January 2012
• “Working With Your Corporate Client in Responding to Discovery,” The Advocate, quarterly report of the State Bar of Texas Litigation Section, Fall 2006 (Shane Kimzey, co-author)

Speeches and Presentations

• “Drafting a Settlement Agreement,” Baker Botts In-House CLE Presentation, New York, November 2011
• “Motions in Limine in Pharmaceutical Cases,” Baker Botts In-House Presentation, Houston, October 2006
• “Primer on Texas Insurance Law,” Houston Bar Association, Houston, July 2006, (Rebeca Aizpuru Huddle and Russell Lewis, co-authors and co-presenters)
• “What Should Employers Put in Writing?” Client Presentation, Houston, December 2001 (D’Andra Millsap Shu, co-presenter)