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Justin Presnal

Shareholders

One Court Street
Alton, Illinois
62002
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Practice Areas:

  • Business Litigation
  • Class Actions
  • Products Liability

Bar and Court Admissions:

  • Texas, 1993
  • Federal Fifth Circuit Court of Appeals
  • United States District Courts for the Southern, Northern, and Eastern Districts of Texas

Recognition:

  • Texas “Super Lawyer – Rising Star” in 2005
  • Best Lawyers: “Best Lawyers in Texas” in 2016
  • Best Lawyers: “Best Lawyers in America” in 2016, 2017 and 2018 in the areas of Plaintiffs’ Personal Injury Litigation and Appellate Practice
  • Life Fellow of the Texas Bar Foundation

Representative Experience:

  • Complex Litigation

Publications:

  • “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)
  • “Legislative Update: Joint and Several Liability,” 19th Annual Page Keeton Products Liability and Personal Injury Law Conference (co-author, 1995)

Affiliations:

  • American Association for Justice
  • Texas Trial Lawyers Association
  • Texas Bar Foundation

Education:

  • Baylor University School of Law, 1993, J.D., cum laude
  • Texas A&M University, 1990, B.A, magna cum laude

Attorney Justin Presnal is a shareholder in the Complex Litigation Department at Simmons Hanly Conroy, based in College Station, Texas. Justin’s cases involve dangerous drugs and medical devices, class actions and other complex litigation matters.

Justin has practiced law since 1993, working on a wide array of cases. He has represented individuals and businesses in trial and appellate courts throughout the country, often involving complicated jurisdictional and choice of law issues.

“The Complex Litigation Department at Simmons Hanly Conroy is on the cutting edge of high stakes litigation, constantly looking at novel legal theories to help the clients we represent,” Justin said. “No case is too complicated or difficult for us to handle, and we have the experience and resources needed to creatively and strategically win hard cases.”

Working Closely With Clients

Justin works diligently on the analytical and strategic components of his clients’ cases.  He takes the lead on pleadings preparation and writing briefs for trial and appellate courts. Along with other attorneys in the firm and with outside co-counsel, he analyzes potential cases, develops strategies for pursuing those cases, and oversees the papers filed with the trial court and appellate courts. When working with his clients, he believes it is of the utmost importance for clients to understand the litigation process and strategy for the case.

“It’s the client’s case, not mine.  They look to me to chart the course for their case, but they are not merely a passenger on the voyage. It’s very important that they are involved and understand what is happening along the way,” he said.  “I want clients to be able to make the best decisions regarding their cases.”

Legal Background

Justin graduated with honors from Texas A&M University in 1990 and then attended Baylor University School of Law, graduating cum laude in 1993.  He was admitted to the State Bar of Texas in 1993, as well as the federal Fifth Circuit Court of Appeals and the United States District Courts for the Southern, Northern, and Eastern Districts of Texas.  He is board certified in Civil Appellate Law by the Texas Board of Legal Specialization, is a member of the American Association for Justice and the Texas Trial Lawyers Association, and is a Fellow of the Texas Bar Foundation.

In 2016, Justin was acknowledged by Best Lawyers as one of the “Best Lawyers in Texas,” and has been named one of the “Best Lawyers in America” from 2016-2018 in the areas of Plaintiffs’ Personal Injury Litigation and Appellate Practice.  He was also recognized as a Texas “Super Lawyer – Rising Star” in 2005.  Justin is a native of Bryan, Texas, where his family has lived for several generations.

Appointments and Representative Cases:

Justin was appointed to the Plaintiffs’ Executive 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 also was appointed to the Law and Motions 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. Justin was part of the trial team that obtained jury verdicts in favor of the plaintiffs in that MDL:

  • $1 Billion verdict; In Re: DePuy Orthopaedics, Inc. Pinnacle Hip Implant Products Liability Litigation, MDL Docket No. 2244, No. 13-3631, Rosa Metzler, et al. v. DePuy Orthopaedics, Inc., et al., No. 12-2066, Michael Weiser v. DePuy Orthopaedics, Inc., et al., No. 13-3631, Judith Rodriguez v. DePuy Orthopaedics, Inc., et al., No. 13-3938, Linda Standerfer v. DePuy Orthopaedics, Inc., et al., No. 14-1730, Kathleen Davis, et al. v. DePuy Orthopaedics, Inc., et al., No. 15-1767, Marvin Andrews, et al. v. DePuy Orthopaedics, Inc., et al., No. 15-3484. (Six cases consolidated for trial in the U.S. District Court for the Northern District of Texas, Dallas Division, alleging injuries from “Pinnacle” metal-on-metal hip implants designed and sold by DePuy Orthopaedics and Johnson & Johnson.)
  • $502 million verdict; Aoki v. DePuy Orthopedics, et al., No. 3:13-cv-01071-K; Christopher v. DePuy Orthopedics, et al., No. 3:14-cv-01994-K; Greer v. DePuy Orthopedics, et al., No. 3:12-cv-01672-K; Klusmann v. DePuy Orthopedics, et al., No. 3:11-cv-02800-K; and Peterson v. DePuy Orthopedics, et al., No. 3:11-cv-01941-K. (Five cases consolidated for trial in the U.S. District Court for the Northern District of Texas, Dallas Division alleging injuries from “Pinnacle” metal-on-metal hip implants designed and sold by DePuy Orthopaedics and Johnson & Johnson.)
  • $247 million verdict: Alicea v. DePuy Orthopaedics, Inc., et al., No. 3:15-cv-03489-K; Barzel v. DePuy Orthopaedics, Inc., et al., No. 3:16-cv-01245-K; Kirschner v. DePuy Orthopaedics, Inc., et al., No. 3:16-cv-01526-K; Miura v. DePuy Orthopaedics, Inc., et al., No. 3:13-cv-04119-K; Stevens v. DePuy Orthopaedics, Inc., et al., No. 3:14-cv-01776-K; Stevens v. DePuy Orthopaedics, Inc., et al., No. 3:14-cv-02341-K (Six cases consolidated for trial in the U.S. District Court for the Northern District of Texas, Dallas Division.)

Other representative matters in which Justin has been involved include the following:

  • MCI Sales and Service, Inc. v. Hinton, 329 S.W.3d 475 (Tex. 2010), denied, __ U.S. __, 131 S. Ct. 2903 (2011) (appeal of a product liability jury verdict involving a motor coach that was found to be defectively designed and unsafe because it was not equipped with seat belts or laminated side window glass; the Texas Supreme Court rejected the defendants’ contention that the plaintiffs’ claims were preempted by the Federal Motor Vehicle Safety Act.)
  • Brianne Miller, et al. v. Sikorsky Support Services, Inc., No. 2:11-cv-00087, in the United States District Court for the Southern District of Texas, Corpus Christi Division (representing the widow of a Navy instructor pilot killed during a training flight.)
  • Rowan Companies, Inc. v. Signal International, LLC, No. 2007-47010, in the District Court of Harris County, Texas (litigation involving defective construction of offshore “jack-up” drilling rig.)
  • British American Offshore Limited v. TCW Global Project Fund II, Ltd., No. 2005-64490, in the District Court of Harris County, Texas; In re TCW Global Project Fund II, Ltd., 274 S.W.3d 166 (Tex. App.—14th Dist. 2008) (commercial dispute between drilling contractor and North Sea operator and its lender over cancelled drilling contract and related mandamus proceeding involving enforcement of forum selection clause.)
  • Rowan Companies, Inc. v. Amoco (UK) Exploration Company, No. 1999-2626, in the District Court of Harris County, Texas (litigation involving cancelled offshore drilling contract with parallel proceedings in Texas and the United Kingdom.)
  • Victor C. Baris, et al. v. Sulpicio Lines, Inc., et al., 74 F.3d 567 (5th Cir. 1996) (litigation involving the sinking of the ferry M/V Dona Paz in the Philippines, in which approximately 5,000 Philippine passengers perished.)
  • Ker & Downey Safaris, Ltd. v. Friedkin Adventure Companies Inc., et al., No. 1994-420767, in the District Court of Harris County, Texas (representing an iconic Kenya-based safari company in trademark infringement and unfair competition dispute.)
  • Cynthia Wilkinson v. McDonnell Douglas Corp., No. 1992-49470, in the District Court of Harris County, Texas (representing the widow of a U.S. Army AH-64 Apache helicopter pilot killed in a crash in Germany.)
  • Kathleen Farris v. Wilrig (U.S.A.) Inc., No. 1992-16041, in the District Court of Harris County, Texas (representing the widow of an electrician killed while working on an offshore oil rig in the Port of Galveston.)
  • Lee Kern, et al. v. Jeppesen Sanderson, Inc., et al., No. 1993-45153, In the District Court of Harris County, Texas (litigation involving the 1992 crash of Pakistan International Airlines flight PK268 while en route to Kathmandu, Nepal, killing all passengers and crew aboard.)
  • Elena Lozano, et al. v. GPE Controls, et al., No. 1987-33476, in the District Court of Harris County, Texas (litigation involving death of U.S. airman and Korean civilians in explosion of fuel storage tank at Osan Air Base, South Korea in 1986.)
  • Representing numerous individuals in other personal injury and wrongful death claims caused by industrial and maritime accidents, automobile accidents, and defective products.