E. Paul Cauley Jr. represents companies in the automotive, consumer goods and industrial equipment industries, as well as many other businesses in a variety of high-exposure class action, product liability and commercial litigation cases across the country. Paul is chair of the firm's Class Actions Team.
Getting his start as a trial lawyer, Paul has tried many product liability and commercial disputes to verdict and defended clients in many locales throughout the U.S., in addition to his home state of Texas. Over the last decade, he has also served as lead counsel in single and multidistrict litigation proceedings, and has been regularly tapped to coordinate the defense of class action suits pending in multiple jurisdictions.
Paul is also very active in professional activities important to his clients. He is a sustaining member of the Product Liability Advisory Council and has been a leader in the International Association of Defense Counsel (IADC) where he served on the Board of Directors (2013-2016) and as a faculty member for the IADC Trial Academy held at Stanford University.
- National counsel for automaker in Multidistrict Litigation involving both consolidate class action proceedings and product liability injury cases arising out of recalls of Takata airbag inflators pending in the Southern District of Florida.
- Defeated by summary judgment the claims of all Plaintiffs in class action seeking to certify a nationwide class related to vehicle transmissions. Nelson v. Nissan North America, Inc., Civ. No. 11-5712 (D.N.J. 2014).
- National counsel defending several federal putative class actions seeking to certify nationwide classes alleging odometer over-registration in violation of the Federal Odometer Act. Cases were consolidated as a federal MDL in Tennessee and automaker granted summary judgment on all Federal Odometer Act claims in In Re: Nissan North America, Inc. Odometer Litigation, 739 F. Supp. 2d 1017 (M.D. Tenn. 2010).
- Lead counsel defending putative class actions in California state court alleging odometer over-registration in violation of California state consumer fraud laws. Automaker granted summary judgment on all claims in coordinated proceeding and summary judgment affirmed in Lopez v. Nissan North America, Inc., 135 Cal.Rptr.3d 116, 2011 WL 6016184 (Cal. Ct. App. 2011).
- National coordinating counsel on behalf of auto manufacturer in the Takata II seat belt putative class actions, which led to dismissal of Texas action reported at Everett v. TK-Taito, 178 S.W.3d 844 (Tex. App.--Fort Worth 2005, no pet.).
- National counsel for automaker in class actions pending in California, Texas and Florida that claimed breach of express warranty and violation of consumer fraud statutes alleging excessive tire wear from claimed suspension defects.
- Defeated attempted certification of class of unsolicited fax recipients under the Telephone Consumer Protection Act.
- Successfully defended construction equipment manufacturer against fraud and tortious interference claim by a supplier seeking more than $60 million in damages.
- Obtained defense verdict for automaker in wrongful death case alleging absence of backup assist technology. The case was only the second of its kind to go to trial in the country and the first to include a claim that the vehicle should have been equipped with a rearview monitor.
- Obtained defense verdict for equipment manufacturer in environmental contamination claim.
- Defense verdict for automotive supplier in burn case alleging failure of component part.
- Obtained a defense verdict for an automaker in a wrongful death case involving claims of suspension and seat belt defects.
Best Lawyers®, Product Liability Litigation - Defendants (2020)
Awards Methodology (www.drinkerbiddle.com/content/awards)
- University of Houston, J.D., 1986, magna cum laude, Order of the Coif, Law Review
- Stephen F. Austin State University, B.B.A., 1983, magna cum laude
- U.S. Court of Appeals, Fifth Circuit
- U.S. District Court, Eastern District of Michigan
- U.S. District Court, Eastern District of Texas
- U.S. District Court, Northern District of Texas
- U.S. District Court, Western District of Texas
- U.S. District Court, Southern District of Texas
- Association of Defense Trial Attorneys
- Dallas Bar Association
- Defense Research Institute
- International Association of Defense Counsel
- Product Liability Advisory Council
- Texas Association of Defense Counsel