Kerry McMahon represents commercial entities and individuals in business litigation. 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 actions 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. He has successfully represented clients in numerous products liability lawsuits filed in Jefferson, Brazoria, and Harris counties by individuals and plaintiffs’ groups alleging personal injury based on exposure to asbestos, benzene, silicosis, and other chemical agents. He is also successfully represented product manufacturers throughout the U.S. in multi-million-dollar disputes alleging product defect.

Honors & Recognitions

The Legal 500, 2012

Credentials

Education

J.D., Texas Tech University School of Law, with honors, 1996

B.A., Baylor University, Mass Communications, cum laude, 1992

Admissions

Texas

United States District Courts for the Northern, Southern, and Eastern Districts of Texas

United States Court of Appeals Fifth Circuit

Experience

Kerry’s representations have included the following:

Construction Litigation

  • 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.
  • The general contractor in a dispute with the owner involving allegations that general contractor's negligence caused damage to underground pipe resulting in a massive chemical leak.
  • The owner of industrial warehouses in a dispute with a general contractor, a subcontractor, and a roof membrane manufacturer.
  • One of the nation's largest grocery store chains in a dispute with a landlord involving the adequacy of 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.
  • 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.
  • The owner of a chemical refining plant in a dispute with its general contractor regarding 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.

Commercial Litigation 

  • 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.
  • Several national companies in commercial disputes, including landlord/tenant disputes, indemnity disputes, and supplier/vendor disputes.

Products Liability and Toxic Tort

  • 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.
  • A major washing machine manufacturer in a product liability lawsuit filed by its distributor. The lawsuit involved claims of multiple design defects, with the plaintiff seeking over $20 million in damages.
  • Premises and products defendants in hundreds of toxic tort and products liability lawsuits filed in Beaumont, Texas.

Brokerage House Litigation 

  • 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.
  • 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

  • A large financial institution in the Enron securities fraud litigation.
  • An officer/director of the nation's largest waste management company in a billion-dollar dispute involving securities fraud and civil conspiracy claims.

Bankruptcy and Creditors' Rights 

  • Secured and unsecured creditors in bankruptcy matters and adversary proceedings.
  • 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 the eve of foreclosure.

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Affiliations

State Bar of Texas, Member

Houston Bar Association, Member of Litigation and Appellate Sections

Texas Bar Foundation, Fellow