Justin Presnal represents plaintiffs in business disputes and serious personal injury and wrongful death claims. He is Board Certified in Civil Appellate Law by the Texas Board of Legal Specialization.
Justin also handles mass tort and Multi-District Litigation (MDL) involving pharmaceutical and medical devices, working closely with partner Larry Boyd and the Plaintiffs’ Executive Committee in MDL 2244, In re: DePuy Orthopaedics, Inc., Pinnacle Hip Implant Products Liability Litigation, currently pending in the United States District Court for the Northern District of Texas; and with the Plaintiffs’ Steering Committee in MDL 2391, In re: Biomet M2A Magnum Hip Implant Products Liability Litigation, currently pending in the United States District Court for the Northern District of Indiana.
He frequently represents business clients in contingent and hybrid fee litigation and arbitration claims in state and federal courts, including claims for breach of contract, tortious interference with contract, and fraud and misrepresentation. Many of these disputes have involved international transactions with complex jurisdictional and procedural issues.
Justin led the appellate team on behalf of the plaintiffs in MCI Sales and Service, Inc. v. Hinton, 329 S.W.3d 475 (Tex. 2010), cert. denied, __ U.S. __, 131 S. Ct. 2903 (2011), where the Texas Supreme Court refused to find federal preemption in a product liability case involving the failure to equip a charter motor coach with passenger seat belts and laminated side window glass. The case involved many of the same issues addressed in Geier v. American Honda Motor Co., 529 U.S. 861 (2000); Williamson v. Mazda Motor of Am., Inc., __ U.S. __, 131 S.Ct. 1131 (2011); and O’Hara v. General Motors Corp., 508 F.3d 753 (5th Cir. 2007).
Other representative matters include the following:
- Representing refinery operator in litigation involving defective custom fabricated flanges, causing extensive repair costs and down time for the refinery.
- Representing chemical plant operator in litigation involving several hundred defective valves.
- Representing the widow of a Navy instructor pilot killed during a training flight as a result of inadequate maintenance by a government contractor.
- Representing owners in construction litigation involving defective and inadequate work and improper design.
- Representing drilling contractor in litigation with operator and its lender resulting from terminated offshore drilling contract.
- Representing plaintiffs and defendants in class action litigation in trial and appellate courts.
- Representing numerous individuals in personal injury and wrongful death claims caused by industrial and maritime accidents, automobile accidents, and defective products.
Mr. Presnal is a frequent speaker at litigation and MDL conferences, and has authored or co-authored papers on a wide variety of matters: “The Latest Preemption Battle: Mutual Pharmaceutical Co. v. Bartlett,” Harris Martin Complex Litigation Conference (co-author, 2013); "Products Liability Litigation: An Update on Current Issues," University of Houston Law Foundation--Advanced Civil Litigation (co-author, 2008); "The Attorney-Client Privilege Under Attack" (2007); "Power Corrupts; PowerPoint Corrupts Absolutely--Trial Presentation Strategies" (2004); "Proving Difficult Damages in Business and Personal Injury Cases," University of Houston Law Center Litigation and Trial Tactics Seminar (co-author, 1997); "The Impact of Tort Reform on Defective Products Cases: Plaintiff's Perspective," TTLA Advanced Products Liability Seminar (co-author, 1996); "Use of Expert Testimony: Plaintiff's Perspective," University of Texas Evidence and Discovery Symposium (co-author, 1996); "Use of Criminal Statutes (and Other Ways to Avoid the Cap on Punitive Damages)," South Texas College of Law Advanced Personal Injury Conference (co-author, 1996); "Dealing with Tort Reform and Related Issues in Voir Dire," TTLA Santa Fe Seminar (co-author, 1996); "Medical Malpractice and Tort Reform: New Tactics," 7th Annual TTLA Medical Malpractice Conference (co-author, 1996); "New Tactics Arguing Punitive Damages After September 1, 1995," TTLA 6th Annual Medical Malpractice Seminar (co-author, 1995); "Tort Reform: Plaintiff Changes in Strategy," South Texas College of Law--Medical Negligence Law for the 21st Century (co-author, 1995); "Legislative Update: Joint and Several Liability," 19th Annual Page Keeton Products Liability and Personal Injury Law Conference (co-author, 1995).
Justin is a native of Bryan, Texas, where his family has lived since the Republic of Texas. He graduated with honors from Texas A&M University in 1990, then attended law school at Baylor University School of Law, graduating cum laude in 1993. He is a member of the Appellate and Litigation Sections of the State Bar of Texas and the Houston Bar Association, a Fellow of the Texas Bar Foundation, and a Director of the Texas Trial Lawyers Association.