J.D., with honors, Texas Tech University School of Law, 1996
B.A., cum laude, Mass Communications, Baylor University, 1992
United States District Court Southern, Northern and Eastern Districts of Texas
United States Court of Appeals Fifth Circuit
Kerry McMahon is a partner in the litigation practice group and construction section of Porter Hedges. He has over ten years of experience representing various commercial entities and individuals in business litigation matters. He has broad experience in both complex commercial litigation and civil appellate law, including construction disputes involving private companies and governmental entities, antitrust disputes, class action and individual shareholder securities fraud lawsuits, business tort litigation, and bankruptcy matters.
Kerry also has substantial experience in the area of products liability and mass torts. Kerry has successfully represented clients in numerous products liability lawsuits filed in Jefferson, Brazoria and Harris counties by individual plaintiffs groups alleging personal injury based on exposure to asbestos, benzene, silicosis, and other chemical agents. He is also successfully represented various product manufacturers throughout the U.S. in multi-million dollar disputes alleging product defect.
Kerry was listed as a recommended construction lawyer by The Legal 500 in 2012.
- Representation of the construction manager in a $35 million dispute with the owner and numerous subcontractors arising out of the collapse of a retainer wall on a state highway project.
- Representation of the general contractor in a dispute with owner involving allegations that general contractor's negligence caused damage to underground pipe resulting in massive chemical leak.
- Representation of the owner of industrial warehouses in a dispute with a general contractor, a subcontractor, and a roof membrane manufacturer.
- Representation of one of the nation's largest grocery store chains in a dispute with a landlord involving the adequacy of certain reconditioning work performed on the leased space and the landlord's claim that millions of dollars in work done to refurbish the property to “like new” condition was defective and unacceptable.
- Representation of the general contractor in a dispute with the steel subcontractor on the Houston Minute Maid baseball stadium project involving claims for extra work, schedule delays and the subcontractor's attempted revocation of a ten-year warranty on the stadium's retractable roof.
- Representation of the owner in a dispute with its general contractor over the construction of a chemical refining plant involving multiple construction defects, claims of non-payment/under-payment by many of the subcontractors, and the resulting mechanics' and materialmen's liens filed by the subcontractors.
- Representation of Canada's largest indoor fireplace manufacturer in a multi-million case involving an exclusive dealing contract between it and a large national residential home builder.
- Representation of several national companies in various commercial disputes, including landlord/tenant disputes, indemnity disputes, and supplier/vendor disputes.
Products Liability and Toxic Tort:
- Representation of one of the primary defendants in tobacco litigation pending in jurisdictions throughout the United States. In each of these lawsuits, the damages sought by the plaintiffs exceeded several billion dollars.
- Represented a major washing machine manufacturer in product liability lawsuit filed by its distributor. The lawsuit involved claims of multiple design defects with the plaintiff seeking over $20 million in damages.
- Representation of premises and products defendants in hundreds of toxic tort and products liability lawsuits filed in Beaumont, Texas.
Brokerage House Litigation:
- Representation of several brokerage houses in numerous disputes involving the defection of brokers to competing investment firms generally involving securing injunctive relief in order to protect the clients' confidential and proprietary information and to enforce non-compete agreements.
- Representation of several financial institutions in disputes involving international wire fraud and civil conspiracy case and negligence and/or fraud claims brought by investors against stock brokers and financial advisors.
Securities Fraud Litigation:
- Representation of a large financial institution in the ongoing Enron securities fraud litigation.
- Representation of an officer/director of nation's largest waste management company in a billion dollar dispute involving securities fraud and civil conspiracy claims.
Bankruptcy and Creditors' Rights:
- Representation of both secured and unsecured creditors in bankruptcy matters and adversary proceedings.
- Representation of the Saudi Royal Family in a $200 million debt collection/recognition of foreign judgment case in which a “sham” involuntary bankruptcy was filed against the debtor on eve of foreclosure.
Professional / Civic Affiliations
- State Bar of Texas, Member
- Houston Bar Association, Member of Litigation and Appellate Sections
- American Bar Association, Member
- Texas Young Lawyers Association, Member
- Texas Bar Foundation, Fellow