Overview

Kirk Florence is a trial lawyer who focuses his practice in the areas of commercial and tort litigation, including complex commercial litigation, products liability, commercial torts, environmental litigation, toxic torts, construction disputes, civil appeals, and arbitration. He has represented clients in many complex civil litigation matters in state and federal courts at both the trial and appellate levels. Mr. Florence has particular experience in complex multi-party litigation, mass tort cases, serious product liability claims, partnership and intra-company disputes, and the defense of environmental claims against oil and gas companies and other industrial businesses.

Prior to joining the firm, Mr. Florence was managing partner at Crouch & Ramey, a litigation law firm based in Dallas, Texas, where his practice included commercial litigation, product liability, toxic torts, environmental litigation, business torts, construction disputes, post judgment practice, civil appeals, and arbitration. Previously, Mr. Florence worked as an associate at an international law firm.

While attending the University of Texas School of Law, Mr. Florence was a member of the Board of Advocates and served as a research and writing assistant to faculty members. Before launching his legal career, Mr. Florence worked in the real estate field for one year.

Mr. Florence was recognized as a Texas "Super Lawyer" in 2019 and the 11 years immediately preceding by Super Lawyers magazine.

Mr. Florence is conversational in Spanish. He is AV® rated by Martindale-Hubbell.*

*AV®, BV®, AV Preeminent® and BV Distinguished® are registered certification marks of Reed Elsevier Properties Inc., used under in accordance with the Martindale-Hubbell certification procedures, standards and policies.

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Experience

Defended out-of-state oil and gas company in a multi-party oil and gas securities fraud case. Plaintiffs alleged damages in excess of $40 million. After filing counter-claims and third-party claims, the case was resolved without making payment of any amount in settlement.

Served as outside general counsel and settlement counsel for tour company in connection with mass tort lawsuits arising out of a multi-fatality bus / train collision. The litigation raised a host of complex issues, including preemption, personal jurisdiction, GPS guidance technology and the borrowed servant doctrine.

Represented public accounting firm in arbitration dispute against former partners.

Defended appliance service company against claims that allegedly negligent repairs caused the deaths of three individuals from carbon monoxide poisoning.

Obtained summary judgment dismissing all claims against an aircraft engine seller in a wrongful death airplane crash lawsuit in which the plaintiffs claimed that the crash resulted from defects in the aircraft engine.,/P>

Represented telecommunication companies in various matters.

Represented liquor store chain in landlord-tenant disputes.

Negotiated resolution of partnership dispute between physician and medical practice.,/P>

Represented hospice company in intra-company ownership and control lawsuit.

Defended major product manufacturer against wrongful death, personal injury and property damage claims in multiple states.

Served as outside coordinating counsel for media company in defense of wrongful death claim.

Served as national coordinating counsel for chemical manufacturer in defense of toxic tort claims in Texas and multiple other jurisdictions.

Defended furniture manufacturer in defense of product liability claims related to allegedly defective part supplied by Chinese manufacturer. Client resolved claims without payment and recovered indemnity judgment against Chinese manufacturer.

Defended fireplace manufacturer against product liability claims.

Advised clients on matters related to investigations by the U.S. Consumer Products Safety Commission and OSHA regarding product safety and workplace safety issues.

Assisted client in evaluating risks of severe injury or death due to possible design defects in equipment utilized by the client's patrons in multiple public spaces. Advice extended to expert testing and evaluation, implementation of retro-fit solution, communication strategy with end-users and manufacturer, and design and implementation of warnings.

Defended tire manufacturer against product liability claims by 205 plaintiffs alleging harm from exposure to rubber fumes. The defense established a major favorable precedent under Texas law regarding summary judgment standards and evidentiary prerequisites for prosecuting mass tort claims.

Defended multiple pharmacies and pharmacists in phen / fen and other pharmaceutical lawsuits throughout Texas.

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Education

University of Texas School of Law, J.D. (1991) with honors

Vanderbilt University, B.A., English and Spanish (1987) cum laude

Admissions

Texas (1991)

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

U.S. Court of Appeals for the Fifth Circuit

U.S. Supreme Court

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Professional & Community Activities

Dallas Bar Association, Member

American Bar Association, Member

State Bar of Texas, Member

Defense Research Institute, Member

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