Norm’s practice focuses on toxic tort, commercial litigation and products liability defense, with particular experience in defending premises liability claims in asbestos and other toxic tort actions. In this area of practice, Norm is a leader in Texas for the development and the presentation of certain statutory defenses to claims of injuries by contract craftsmen on his clients’ premises. In addition, Norm regularly represents clients in defense and prosecution of breach of contract actions, legal malpractice claims, and insurance coverage litigation, and other matters that concern or derive from business relationships. He has been recognized with an AV® Preeminent™ Peer Review Rating—the highest peer review rating—by Martindale-Hubbell.
Notable Representations
- Defense of leading chemical manufacturer in an action by an employee of an independent contractor who claimed that he contracted mesothelioma from exposure to asbestos while working for that contractor at our client’s plant. Following extensive discovery, the court granted Kasowitz's summary judgment motion dismissing all claims against Kasowitz’s client.
- Defense of a nation-wide natural gas transportation, storage, gathering, processing and distribution company against ground water contamination claims arising from historical operations at a processing and distribution facility in West Texas.
- Integral member of a successful prosecuting trial team in a four-week trial alleging systematic and rampant failures by multiple contractors hired for the construction of a multi-state natural gas pipeline.
- Representation of national bridge-financing company in connection with default on loan for hot-dip galvanizing facility in Robstown.
- Defense of $7 million indemnity claim by international oil field services company, Smith International Inc., obtaining summary judgment dismissing all claims, which decision was ultimately affirmed by the Fifth Circuit Court of Appeals.
- Defense of multi-national corporation in mesothelioma action, obtaining summary judgment dismissing all claims based on the defendant's lack of control over the manner, method and operative detail of the plaintiff’s work.
- Defense of employer in litigation by employee claiming breach of a purported employment contract and wrongful termination, obtaining summary judgment dismissing all claims against client, which judgment was affirmed on appeal.
- Representation of insurance carrier in multi-million claim for coverage asserting that a “sudden and accidental” exception to standard general commercial liability policy pollution exclusion required coverage in appeal to Fifth Circuit Court of Appeals.
Reported Decisions
- Smith Int'l, Inc. v. Egle Group LLC, 490 F.3d 380 (5th Cir. 2007)
- Guaranty National Insurance Co. v. Vic Manufacturing Co., 143 F. 3rd 192 (5th Cir. 1998)
- In re CNA Holdings, 102 S.W.3d 280 (Tex. App. Beaumont 2003)
- Smith Int'l, Inc. v. Egle Group, L.L.C., 2006 U.S. Dist. LEXIS 6012 (S.D. Tex. Jan. 27, 2006)
- Mullenix v. Celanese, Ltd., 2005 Tex. App. LEXIS 6358 (Tex. App. Corpus Christi Aug. 11, 2005)
- S. Union Co. v. Liberty Mut. Ins. Co., 581 F. Supp. 2d 120 (D. Mass. 2008)
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Related Information
Education
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University of Houston Law Center
(J.D., 1993)
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University of Texas at Austin
(B.B.A., 1989)
Court Admissions
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U.S. Court of Appeals, Fifth Circuit, 1993
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U.S. District Court, Southern District of Texas, 1993
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U.S. District Court, Eastern District of Texas, 2003
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U.S. District Court, Western District of Texas, 2012
Associations / Memberships
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