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Michael W. Eady
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meady@thompsoncoe.com
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Austin
701 Brazos
Suite 1500
Austin, Texas 78701
512-703-5084 direct  |  512-708-8777 fax
Overview

Michael Eady is a board certified appellate lawyer who manages clients legal strategy in pattern product liability litigation. He is Board Certified in Civil Appellate Law by the Texas Board of Legal Specialization. He has managed litigation in Texas by developing and implementing long term strategies which include changing the common law.

Michael’s experience includes creating the first statewide multi-district litigation in Texas during the Bridgestone/ Firestone tire recall and acting in the capacity as Ford Motor Company’s liaison counsel in that litigation and the current multidistrict litigation involving speed control deactivation switches.

Michael has assisted counsel at trial in more than two dozen high profile automotive product liability cases in Texas, Mississippi, and Kentucky.

Representative Experience
  • Ford Motor Co. v. Ledesma, 242 S.W.3d 32, 51 Tex. Sup. Ct. J. 250, (Tex. 2007). Changed over 100 years of law pertaining to the submission of certain jury charge definitions. This opinion culminated the error preservation strategy for multiple cases developed years before this case was tried.
  • Fortis Benefits v. Cantu, 234 S.W.3d 642, 50 Tex. Sup. Ct. J. 965, (Tex.2007). Obtained an affirmance of lower court’s judgment interpreting an agreement between counsels.
  • In re Ford Motor Co., 211 S.W.3d 295, 50 Tex. Sup. Ct. J. 291, (Tex. 2006). Protected confidentiality of Volvo Car documents, overturning contrary rulings by the trial and intermediate appellate court.
  • Land Rover U.K., Ltd. v. Hinojosa, 210 S.W.3d 604, 50 Tex. Sup. Ct. J. 236, (Tex. 2006). Overturned both trial court and intermediate appellate court’s decision allowing a $100,000 ad litem fee.
  • In re Ford Motor Co., 165 S.W.3d 315, 48 Tex. Sup. Ct. J. 808, (Tex. 2005). Overturned both the trial court and intermediate appellate court’s decision denying a mandatory legislative trial continuance.
  • Ford Motor Co. v. Ridgway, 135 S.W.3d 598, 47 Tex. Sup. Ct. J. 266, (Tex. 2004). Overturned intermediate appellate court’s holdings on circumstantial proof in product liability fire loss case.
  • Dallas County Mental Health and Mental Retardation v. Bossley, 968 S.W.2d 339, 41 Tex. Sup. Ct. J. 653, (Tex.1998) cert. denied, 118 S.Ct. 541 (1998) Upheld lower court’s rulings protecting psychiatrists from liability in excess of the tort claims act limits.
  • CMMC v. Salinas, 929 S.W.2d 435, 39 Tex. Sup. Ct. J. 1043, (Tex.1996). Overturned intermediate appellate court’s holdings concerning personal jurisdiction of Texas courts over a French Wine press manufacturer.
  • American General Fire and Cas. Co. v. Vandewater, 907 S.W.2d 491, 38 Tex. Sup. Ct. J. 877, (Tex. 1995). Overturned intermediate appellate court’s holdings on the scope of a guardian ad litem’s role.
  • State v. Pruett, 900 S.W.2d 335, 38 Tex. Sup. Ct. J. 874, (Tex.1995). Interpreted a statute indemnifying health care professionals whose practice includes providing indigent care.
  • Parker v. Cumming, 216 S.W.3d 905, (Tex.App.-Eastland –2007, Pet. Denied) cert. denied, 128 S.Ct. 1671 (2008) Obtained a favorable construction of a limitations tolling provision.
  • North American Van Lines, Inc. v. Emmons, 50 S.W.3d 103, (Tex.App.-Beaumont, 2001, Pet. Denied). Upheld favorable jury verdict.
  • Mares v. Ford Motor Co., 53 S.W.3d 416, ( Tex.App.-San Antonio, 2001, No Pet.). Upheld favorable jury verdict following an appeal from the second trial of the same case.
  • Melton v. Teachers Ins. & Annuity Ass'n of America, 114 F.3d 557, 79 A.F.T.R.2d 97-3012, 97-2 USTC P 50,492, (5th Cir.1997)
  • Muth v. Ford Motor Co., 461 F.3d 557, (5th Cir. 2006). Attempted to overturn an adverse jury verdict.
  • Wright v. Ford Motor Co., 508 F.3d 263 (5th Cir. 2007). Appealed construing recent Texas Tort Reform statutes applying a presumption of no liability based upon compliance with governmental standards.
Professional and Community Activities
  • Texas Association of Defense Counsel Amicus Committee, 2000 to the present
  • Pattern Jury Charges—Malpractice, Premises and Products Committee, member 2007 to present
Speeches and Presentations
  • "Defending the Right to a Live Witness in the Video Age" DRI newsletter Trials and Tribulation, Vol. 9, Issue 49
  • "Defending The Right To A Live Witness" DRI newsletter Trials and Tribulation, Vol. 16, Issue 2
  • Preservation of Error: Appellate Considerations for Trial Lawyers, 30th Annual Page Keeton Civil Litigation Conference, October 26-27, 2006, Austin, Texas (paper only)
  • Punitive Damages: ONE YEAR AFTER STATE FARM MUT. AUTO. INS. CO. v. CAMPBELL, 538 U.S. 408 (2003), 2004 Texas Association of Defense Counsel Summer Seminar
Professional Recognition
  • Board Certified—Civil Appellate Law, Texas Board of Legal Specialization, 1995 to present
  • Law & Politics magazine's Texas Super Lawyers® - Super Lawyers list for Appellate 2007-2010
  • “AV” Peer Review Rated by Martindale-Hubbell.
Practices
Industries
Industry-Specific Biographies
Education
  • Texas Tech University School of Law, J.D., 1986, Texas Tech Law Review, Board of Barristers
  • Texas Tech University, B.A., 1983, Psychology, summa cum laude
Bar Admissions
  • Texas, 1986
  • Colorado, 1997, Inactive
  • United States Supreme Court
  • United States Court of Appeals  Fifth Circuit
  • United States District Court Northern, Southern, Western and Eastern Districts of Texas
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