David C. Kent

Counsel Dallas
david.kent dbr.com
Phone: (469) 357-2535 (469) 357-2535

About

David C. Kent represents clients in federal and state trials and in appellate courts throughout the nation. He is board certified in civil trial law and personal injury trial law by the Texas Board of Legal Specialization, and his experience encompasses all facets of civil litigation. David’s practice focuses on business disputes, professional liability claims—especially those involving architect and engineer design professionals—and mass tort and complex litigation in serious injury and death trials. Clients especially trust David to bring a case to fruition; in fact he is often called upon at the eleventh hour to assist with, and sometimes completely take over, the defense of a pending case that is nearing trial.

David is a regular speaker at continuing legal education seminars. He has published more than 115 professional papers, law review articles and books, and served for nine years as the contributing editor on Evidence Law for the State Bar of Texas General Practice Digest.

After graduating from law school, David served a one-year judicial clerkship with the Supreme Court of Texas.

Experience

  • Defended a national engineering firm in a $60 million design-build suit arising from expansion of a commuter light rail transit system in a public-private partnership project.
  • Defended a national engineering firm in mass tort and class action claims arising from alleged lead contamination of municipal drinking water supply.
  • Defended a national engineering firm in a suit involving geotechnical design issues related to the runway and landing areas of the nation’s only privately developed/operated commercial airports.
  • Defended a national engineering firm in a suit involving the design of a 150-acre asphalt pavement port facility on the Atlantic seaboard.
  • Defended a national engineering firm in a two-week jury trial involving professional liability claim arising from the design of a temporary cofferdam at a public water reservoir in Florida.
  • Defended a national engineering firm in a $150 million professional liability claim arising from the design and construction of a 15.5 billion-gallon regional water reservoir in Florida, resulting in a defense verdict after a five-week jury trial. Tampa Bay Water v. HDR Engineering, Inc., 731 F.3d 1171 (11th Cir. 2013)
  • Defended a national environmental engineering and consulting firm in a $100 million professional liability and construction management claim arising from the design and construction of a municipal wastewater treatment plant in Arizona.
  • Defended a vertically integrated engineering and construction firm in a $40 million claim arising from the design and construction of a cogeneration power plant located inside a petrochemical refinery in California’s Bay area.
  • Defended an architectural firm in a multimillion dollar claim arising from the construction of television broadcasting studios in Tampa, Florida.
  • Defended legal professionals in professional negligence claims arising from a variety of legal engagements, including litigation, bankruptcy and intellectual property.
  • Defended a contract electronics manufacturer in a $50 million California state court breach of warranty case arising from alleged defects in 60,000 printed circuit board assemblies used in traffic control and monitoring devices sold throughout the United States and abroad.
  • Represented a Pennsylvania-based provider of maintenance and repair operation supply chain management services in various contractual disputes in Texas.
  • Represented the nation’s oldest bottled water company and five of its regional distributors in defense of an unfair competition/false advertising case brought by a regional competitor in federal district court in Shreveport, Louisiana. Represented employers and employees in enforcing or defending trade secret claims and noncompetition agreements.
  • Represented a buyer in a stock purchase agreement suing the seller for breach of contract, resulting in $5.2 million recovery in arbitration proceedings in San Diego, California.
  • Represented a real estate development company in a multimillion-dollar, high exposure real estate fraud and civil conspiracy case in a luxury residential golf course community located in Riverside County, California. Case settled during trial on favorable terms.
  • Represented landowners in condemnation proceedings involving the construction of a 43-mile long regional water pipeline.
  • Represented a national hotel chain in condemnation proceedings involving taking part of local property in Texas.
  • Represented a land developer in condemnation proceedings involving the construction of the American Airlines Center in Dallas, Texas.
  • Successfully defended one of the nation’s largest independent natural gas exploration and development companies in a series of ground water pollution cases brought by more than 50 families in Wise County, Texas. Mitchell Energy Corp. v. Bartlett, 958 S.W.2d 430 (Tex. App. – Fort Worth 1997, pet rev. denied).
  • Represented lessors and lessees in various commercial lease disputes, including restaurants, warehouses, hazardous chemicals, commercial properties, etc.
  • Defended a roofing company in a multi-million dollar respiratory injury claim arising from alleged inhalation vapors from roofing adhesive product containing toluene diisocyanate (TDI).
  • Defended a national roofing system manufacturing company in a $35 million claim arising from the partial collapse of the roof of a shopping mall located on the Gulf Coast during Hurricane Rita.
  • Represented owners of racehorses and horse breeding farm in a $25 million product liability claim against the manufacturer of cooling fans that malfunctioned and caused a barn fire, killing six breeding stallions and disrupting breeding farm operations.
  • Defended a major Japanese computer equipment manufacturer at a 10-week jury trial in state court in Dallas in a $100+ million product liability/wrongful death suit against claims that its computer printer had malfunctioned and caused a house fire, in which a young mother died and her husband and daughters were seriously burned.
  • National defense counsel for a Chicago-based football helmet manufacturing and reconditioning company in personal injury and wrongful death lawsuits brought in state and federal courts throughout the nation.
  • Defended a German automobile manufacturer against claims that a national advertising campaign emphasizing speed and road-handling capabilities of the car promoted unsafe driving techniques that resulted in a major collision with resulting deaths and injuries to passengers.
  • Defended a Japanese manufacturer of steel I-beams used in the construction of manufactured housing against claims of design defect, which allegedly caused the I-beam to bend and collapse on top of a person who was working under the house, resulting in quadriplegia.
  • Counseled manufacturers with regard to their obligations under the Consumer Products Safety Act to report incidents of product hazards and to conduct nationwide product safety recalls, including notification to the Consumer Product Safety Commission, notices to consumers, retrofits and replacements of defective products, and follow-up reporting obligations.
  • Represented in Texas a U.S.-based international food company in toxic tort class action and mass action litigation brought by Central American farm workers.
  • Represented in Michigan a Texas-based oil and gas company in royalty owners’ class action litigation alleging underpayment of royalties. Williams v. Terra Energy, Ltd., 2006 Mich. App. LEXIS 2309.
  • Represented in Texas an international computer manufacturer’s employee in consumer class action for misrepresentations concerning laptop computer battery life.
  • Represented in Texas a consortium of water heater manufacturers in follow-on consumer class action for defective water heater components.
  • Defended a liability insurance carrier in litigation involving the interpretation of additional insured policy provision and indemnification provision in underlying contract.
  • Represented the nation’s largest apartment management company in a complex claim in Ohio state court against a group of excess insurance carriers for tornado damage to a 50-acre apartment complex involving issues of replacement cost coverage, business interruption losses, extra expense claims, and defenses of fraud and false swearing claims.
  • Represented a New Jersey-based insurance company in complex coverage action involving 130 health care facilities with claims for rescission based on misrepresentation, questions of exhaustion of policy limits and roles of offshore captive insurance companies.

Recognitions

Outstanding Section Award, Dallas Bar Association, Tort and Insurance Practice Section (2007, 2010)
Outstanding Committee Chair Award, Dallas Bar Association (1998)

Outstanding Young Lawyer of Dallas (1989)

Awards Methodology (www.drinkerbiddle.com/content/awards)

Credentials

Bar Admissions

  • Texas

Education

  • Baylor University School of Law, J.D., 1978, Baylor Law Review, Editor-in-Chief
  • Baylor University, B.A., 1975

Court Admissions

  • U.S. Court of Appeals, Fifth Circuit
  • U.S. District Court, Eastern District of Texas
  • U.S. District Court, Northern District of Texas
  • U.S. District Court, Southern District of Texas
  • U.S. District Court, Western District of Texas

Organizations

  • American Bar Association
  • Boy Scouts of America, National Exploring Committee (former member)
  • Dallas Bar Association
    • Trial Skills Section, Chair (2017)
    • Judiciary Committee, Co-Chair (2017)
    • Pro Bono Golf Tournament Committee, Co-Chair (2015-2017)
    • Equal Access to Justice Campaign, Co-Chair (2016)
    • Public Forum Committee, Co-Chair (2014)
    • Business Litigation Section, Chair (2013)
    • Tort and Insurance Practice Section, Chair (2009)
    • Legal Ethics Committee, Chair (2009)
    • Membership and Admissions Committee, Chair (2008)
    • Board of Directors (2007)
    • Bench-Bar Conference, Co-Chair (2006)
    • Speakers Committee, Chair (2002)
    • Law Day Committee, Chair (2000-2001)
  • Dallas Association of Young Lawyers Foundation (Past Trustee)
  • Dallas Association of Young Lawyers Fellows (Past Chair)
  • Dallas Bar Foundation, Trustee
  • High Adventure Treks for Dads & Daughters, Board of Directors, Chairman
  • Hugh O’Brian Youth Leadership of North Texas (Past President)
  • Law Focused Education Inc., Board of Directors (6 years), President (2004-2006)
  • State Bar of Texas
  • State Bar of Texas, District 6, Grievance Committee (2009-2015), Evidentiary Panel Chair (3 years)
  • Texas High School Mock Trial Competition, Chair (1994-1999)