Civil & Commercial Litigation Practice Areas

Transportation Law

RDW specializes in Department of Transportation regulatory compliance, cargo claims, freight charge, personal injury and commercial litigation matters representing intra and interstate commercial trucking carriers and insurers throughout Texas and Louisiana.

Our firm has experience in federal and state court in cases involving collisions, rollovers, alleged equipment malfunctions, including brake failures and tire blowouts, and other similar operational, maintenance, training, and products liability matters resulting in claims and suits for serious bodily injury.  We have extensive experience in accident investigation and work with engineers in forensic analysis and accident reconstruction.  Through the use of computer animations and technical demonstrative aids, our lawyers have been successful in defending our clients in claim resolution through arbitration, mediation, and trial if necessary.

Energy Law

RDW offers a wide variety of legal services that are critical in the oilfield industry, including drafting contracts, investigating blowouts, and providing litigation support.  We represent a broad range of national and international clients, including major exploration and production companies in Texas, Louisiana, and other oil producing regions, as well as investors and mineral interest owners.  Other clients include oil and gas operators, financial institutions, and investors engaged in acquiring producing oil and gas properties and financing the acquisition and development of these properties.

Our firm has also recently expanded its services into the wind power generation industry, representing a major manufacturer of wind turbines in areas of contract, design, manufacture, and construction disputes.

Premises Liability

Personal injury claims against business and property owners are often filed resulting from alleged defective conditions on their property or the alleged malfeasance or misconduct of their employees. RDW has the experience necessary to vigorously defend these claims and resolve them to the satisfaction of its clients.

Our attorneys have years of experience in defending premises liability cases, representing refineries, trucking companies, oil and gas producers, drilling and service companies, offshore platform owners and operators, landlords, commercial businesses and other property owners and operators in various claims including:

• slip and fall
• construction accidents
• equipment failure
• lack of or inadequate warning
• defective fixed chattels
• assault and battery
• negligent inspection and repair
• negligent supervision
• fire and explosions
• chemical exposure and/or release

We have handled all types of claims and cases involving catastrophic injury and fatalities.  From our on call initial investigation of an accident through claim handling, litigation and trial if necessary, RDW’s lawyers have the fortitude and skills to handle our clients’ premises liability issues to a successful resolution.

Products Liability & Mass Torts

RDW is experienced in product liability and environmental litigation. We have been selected as trial counsel in the defense of component and product manufacturers in negligence and strict liability cases including automobile defect litigation, oil and gas products litigation, pesticide litigation, and medical device litigation. Among the products we have defended include fishing tools, hoisting equipment, heavy machinery, automobiles, commercial air brake systems, split rims, commercial pumps, electronics, glass products, helicopter parts, oilfield products and components, chemical and pressure vessels, and building materials.  Our lawyers counsel our corporate clients in transaction and operations contexts regarding product liability issues, labeling, risk assessment and risk prevention in the course of product development, marketing and industrial use.

The Firm has also handled environmental toxic tort cases throughout Texas including product manufacturer and direct insurer litigation. The firm has an active toxic tort practice defending asbestos and silicosis claims in both Federal and State court MDL.  Our litigators have knowledge and experience of epidemiology, toxicology, risk assessment, air dispersion modeling and other disciplines bearing on the key issues present in toxic tort cases.

Construction Law

RDW attorneys provide broad support for our construction industry clients.  Our attorneys can provide an immediate response to any accident and have the technical, engineering, and litigation experience to affectively coordinate scene control, forensic engineering, witness interviews, accident reconstruction, working with OSHA, and accident and claim management through trial, verdict, and appeal.

RDW attorneys have substantial experience with drafting contracts, mechanics liens construction contract disputes, design defect, quality control and workmanship, complaints, construction management issues and catastrophic property damage claims, and construction accidents involving serious bodily injury and fatality claims.

Business Law

RDW provides assistance to its business clients in a variety of different legal situations. Our goal is to work within the law to assist you and your business goals. The firm can assist you from day one in what corporate structure to utilize and will provide you with the appropriate guidance in implementing that structure and documenting it with the appropriate government entities.

For existing businesses, RDW provides advice and counsel with regard to your every day business needs, including:

• Reviewing and drafting for covenants not to compete and confidentiality agreements;
• Analyzing and documenting real estate transactions, including real estate sales, purchases, leases and subleases;
• Drafting promissory notes, security agreements, and guarantys;
• Preparing and filing UCC statements;
• Providing advice and counsel and documenting business purchases and/or sales;
• Pursuing account collections and judgments;
• General contract review and drafting.

RDW’s litigation background gives its lawyers a unique perspective in dealing with business transactional matters. Our primary goal is to keep your business out of litigation, but if litigation arises, we will work tirelessly to protect your hard earned business and reputation.

Employment Law

RDW represents clients in employment matters in state and federal court as well as in front of the Equal Employment Opportunity Commission (EEOC). The firm also assists clients in drafting and evaluating noncompetition agreements, confidentiality agreements, and human resource/employment policies, as well as investigating, evaluating and responding internally to workplace harassment and discrimination claims.

Representative matters/issues that the firm has handled include:

• Investigated and defended employer against sexual harassment /discrimination lawsuit in Corpus Christi, Texas federal court;
• Negotiated dismissal of employer in age discrimination lawsuit in Arkansas federal court;
• Successfully defended client against claims of employee raiding and use of competitor’s confidential information in state court in Dallas, Texas;
• Represented employer in lawsuit against former employee who stole confidential information and attempted to destroy employer’s confidential computer data when he quit to work for a competitor;
• Responded to and mediated numerous EEOC claims in Texas and Louisiana prior to litigation - most resolved without the employer paying any money; and
• Evaluated potential employer liability with regard to the Uniformed Services Employment and Reemployment Rights Act (USERRA).

The firm can also assist you with your employment law questions about compliance with the Americans with Disabilities Act (ADEA), unpaid leave under the Family Medical & Leave Act (FMLA), overtime and the Fair Labor Standards Act (FLSA), continuation of health care issues under COBRA and treatment of employees over the age of 40 under the Older Workers Benefit Protection Act (OWBPA).

Insurance Law

As a leading insurance industry trial firm, we work with carriers and their insureds on a wide range of defense and coverage disputes.  We defend insureds while working directly with insurers, but also specialize in insurance coverage representing insurers in first party claims and litigation against their insureds.  Our lawyers represent our clients on issues that involve:

• Disputes over coverage
• Third party insurance defense
• Declaratory judgment actions
• Controversies in connection with an underlying lawsuit regarding coverage issues
• Monitoring catastrophic personal injury litigation for insurers
• Evaluation of contractual and policy working pertaining to indemnity, additional insureds, and allocation of risk
• Investigation of insurance fraud

RDW enjoys a strong reputation for its expertise in “insurance coverage” law. Insurance coverage law focuses on the proper interpretation of insurance policies, including both “first party” policies, which reimburse the policyholder when his own property is lost or damaged or his income is interrupted, and “third party” policies, which offer protection when a third party brings a claim or lawsuit against the policyholder.

So long as no conflict of interest arises, RDW also provides its opinions and courtroom representation for insurance companies. Indeed, several Texas, Louisiana and national insurers look to RDW when their thorniest coverage questions arise.

In the past few years, RDW has achieved widespread recognition as one of the “go to” firms in the insurance coverage area. Named partner Lyle Rathwell has authored a number of published articles in recent years, dealing with the policyholder’s duty to cooperate with its insurer following a claim, the “eight corners” rule and the oilfield anti-indemnity statutes that have been enacted by the legislatures of Texas, Louisiana, Wyoming and New Mexico.

Admiralty & Maritime Law

RDW represents shipping and transportation companies, oil and gas exploration companies, drilling and oilfield companies, manufacturers, contractors, employers, and insurers in all areas of Admiralty and General Maritime Law working in the Gulf of Mexico.

We specialize in defending claims of personal injury, property damage, cargo loss and damage, collision, salvage and allision. Because of our extensive practice, we are familiar with the federal legislative and regulatory framework in which marine-based industries operate, including the Jones Act, the Longshore and Harbor Workers Compensation Act, the Death on the High Seas Act, the Outer Continental Shelf Lands Act, COGSA, the Oil Pollution Act and the promulgations of federal agencies.

Alternative Dispute Resolution

Discourage litigation. Persuade your neighbors to compromise whenever you can. Point out to them how the nominal winner is often a real loser - in fees, expenses, and waste of time.  

Abraham Lincoln

Ed Wallison is a certified and credentialed mediator with 28 years of litigation experience.  A veteran of over 150 personal injury, medical malpractice, and commercial jury trials, Ed provides a unique and creative perspective to the realistic evaluation and resolution of complicated disputes.