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Aaron J. Burke has successfully defended clients involved in high-stakes litigation across Texas and the U.S.

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Fee, Smith, Sharp & Vitullo, Attorney, Aaron Burke

Aaron J. Burke

Partner

T: 972-934-9100     F: 972-934-9200     aburke@feesmith.com

PRACTICE AREAS

 

Product Liability

 

Oil & Gas

 

Transportation Litigation

 

Personal Injury Defense

 

Commercial Litigation

 

Toxic Torts

 

 

EDUCATION

 

Southwestern Assemblies of God University, B.S., History, 2006 (summa cum laude)

 

Baylor University, J.D., 2010 (magna cum laude)

 

 

BAR ADMISSIONS

 

Texas

 

COURT ADMISSIONS

 

U.S. District Court for the Northern District of Texas

 

U.S. District Court for the Southern District of Texas

 

U.S. District Court for the Eastern District of Texas

 

U.S. District Court for the Western District of Texas

 

 

RECOGNITIONS

AND AWARDS

 

Recognized by D Magazine as a “Best Lawyer Under 40 in Dallas” (2018)

 

Recognized as a Rising Star in the Rising Stars Edition of Texas Super Lawyers Magazine (2016-2018)

 

2016 President’s Award, Texas Young Lawyers Association (TYLA)

Mr. Burke guest lectures at Baylor Law School, and serves as a consultant and monitoring counsel for manufacturing companies, automotive and other product dealerships, oil and gas companies, and transportation companies involved in pre-suit matters and litigation throughout the U.S. He has defended a wide range of domestic and international companies, such as automobile manufacturers, automotive and recreational dealerships, heavy equipment manufacturers and dealerships, firearm manufacturers, oil and gas operators, drilling companies, tubing companies, and other energy and transportation-related entities across the spectrum. Mr. Burke also specializes in a broad field of commercial and other business litigation, including business disparagement, non-solicitation, non-compete, and tortious interference with contract cases.

 

 

Articles

“Confusion Now Hath Made His Masterpiece! But When Does the Removal Countdown Begin? A Discussion on the Fifth Circuit’s Recent Fraudulent Joinder Decisions and Their Potential to Trap the Unwary Litigator,”

63 Baylor Law Review, 2011

 

“Two Cases that Changed the Nation, Turning Points in 20th Century America.” SAGU ThoughtHub Guest Speaker

 

 

Professional Affiliations

Guest Lecturer, Baylor Law School, Intro to Oil and Gas

Chair-elect, Texas Young Lawyers Association (TYLA), 2017-2018

Director, TYLA, 2013-2016

Alumni, DAYL Leadership Class, 2012-2013

Fellow, Texas Bar Foundation

Fellow, DAYL Foundation

Associate Member, William “Mac” Taylor Jr., American Inn of Court

Dallas Bar Association

Co-Chair, DAYL Law Student Assistance Committee, 2013-2016

Member, TYLA Law Student Outreach Committee, 2013-2014

Chair, TYLA Law Focused Education Committee, 2015-2016

Co-Chair, TYLA State Moot Court Competition, 2016-2017

Member, TYLA Local Affiliates Committee, 2016-2017

Member, State Bar of Texas Court Rules Committee

 

 

Representative Matters

Business disparagement, defamation, tortious interference with contract case, Dallas, Dallas County, Texas. Obtained dismissal with prejudice of all claims against client, dental consultation practice, including an award of attorneys’ fees, expenses, and costs, under Texas anti-Strategic Lawsuit Against Public Participation (“anti-SLAPP”) statute.

 

Fraud, negligent misrepresentation, and tortious interference with contract case, Austin, Travis County, Texas. Obtained non-suit of all claims against clients after filing Motion to Dismiss under Texas anti-SLAPP statute. Plaintiff alleged damages in excess of $1 million.

 

Non-compete, non-solicitation, tortious interference, and misappropriation of trade secrets case, Brownsville, Cameron County, Texas. After full-day evidentiary hearing, obtained denial of temporary injunction and dissolution of temporary restraining order sought by Plaintiff to enjoin client landscaping company from soliciting or doing business with any of Plaintiff’s many hundreds of alleged customers.

 

Non-compete, non-solicitation, tortious interference, and sexual harassment case, Houston, Harris County, Texas. Plaintiff demanded more than $900,000 in damages, settled at mediation, without any compensation going to Plaintiff.

 

Product liability death case, Houston, Harris County, Texas. Reached settlement of less than $5,000 on behalf of a dealer of industrial trailers alleged to have caused Plaintiff’s death by electrocution.

 

Minshall v. Hartman Equine Reproduction Center, Eastern District of Texas, Sherman Division. Obtained $160,000, plus, verdict on behalf of clients, owners of a diseased American Quarter Horse, in suit against stallion owners and stallion station and breeding facility, after a significant settlement with stallion owners. Settlement with stallion owners and publicity from trial brought significant changes in the American Quarter Horse and cutting horse industries, including greater transparency regarding testing results for the genetic skin disease known as HERDA that affects a significant portion of the population of American Quarter Horses, especially those from competitive cutting horse pedigrees.

 

Products death case, Tarrant County, Texas. Won summary judgment against subrogation claim brought by life insurance company on behalf of decedent’s widow. Subrogation carrier refused to lower settlement demand from $290,000, the full amount of its purported damages, at mediation. Summary judgment granted against all claims  by subrogation carrier after hearing only one week after mediation, fully disposing of $290,000 claim.

 

Smith v. Endeavor Energy & EKO Gas Gathering, Denton County, Texas. Obtained partial summary judgment limiting plaintiff to purported change in fair market value damages, obtained ruling striking plaintiff’s appraisal expert’s opinions entirely.

 

Oil rig death case, Midland County, Texas. Obtained summary judgment for a major oil exploration and production company on all plaintiffs’ claims in a wrongful death lawsuit arising from an accident on an oil & gas drilling rig. Plaintiffs’ appealed. Successfully briefed and defended appeal of case to Eastland Court of Appeals, which affirmed trial court’s summary judgment.

 

Overseas government contractor case, Eastern District of Texas, Texarkana Division. Obtained summary judgment on behalf of international government contractor based on alleged traumatic brain injury suffered by plaintiff in Marine-vehicle outfitting/upgrading facility in Kuwait. Plaintiff claimed more than $1 million in damages.

 

Batiste v. H.E. Transportation, Dallas County, Texas. Obtained favorable defense verdict in which Plaintiff asked jury for more than $2 million in damages. Jury awarded less than $40,000 in economic and non-economic (pain & suffering, mental anguish) damages.

 

Pipeline explosion case, Travis County, Texas. Obtained dismissal with prejudice on behalf of a subsurface utility engineering company. Plaintiff’s claimed more than $1 million in damages from significant burns.

 

Automotive accident case, Tarrant County, Texas. Obtained dismissal during trial of subrogation case brought by automotive insurance company against insured client/driver.

Information

877-FEESMITH

info@feesmith.com

 

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Locations

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Houston - 2727 Allen Parkway / Suite 1880 / Houston, Texas 77019 / 713-362-8300 / 713-362-8302 fax

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