Thomas Kurth has 40 years of experience as a trial lawyer. His trial practice has spanned such diverse areas as commercial and transactional litigation, debtor/creditor disputes, disputes in the oil and gas industry, land use disputes, labor-management disputes, products liability litigation, aviation litigation and medical malpractice defense. During his career, Tom has acted as lead counsel in more than two dozen trials leading to a verdict, as well as scores of non-jury trials and arbitrations. His trial practice has taken him to numerous federal, state and bankruptcy court venues in Texas and throughout the United States, as well as proceedings in foreign countries.
Tom was a lead member of the trial team that represented ATA in a five-day breach of contract trial in which a federal court jury returned a unanimous $65.9 million breach of contract verdict against Federal Express Corporation. The National Law Journal ranked the verdict number 27 in its Top 100 Verdicts in 2010.
Tom has been a frequent lecturer and panelist for the American Bar Association Litigation Section, the State Bar of Texas and numerous other trade and professional organizations. He has also served for several years as an adjunct professor of law on creditors' rights and remedies at the Southern Methodist University School of Law. In the recent past, Tom has spoken and written on a wide variety of topics including lender liability claims, oil and gas disputes, trial practice areas and commercial transactions. He has also spoken and written frequently on his and his firm's extensive use of technology in the office and the courtroom. Tom was voted a Texas Super Lawyer by members of the Texas Bar for the past eight years.
Selected Publications and Presentations
- "Recent Litigation and Court Cases Affecting the Oil and Gas Upstream Business," presentation and paper, North American Petroleum Accounting Conference, May 16, 2013.
- "Energy Law Update," co-author with William White, 29th Annual Litigation Update Institute Course Book, State Bar of Texas, November 30, 2012.
- "Understanding Hydraulic Fracturing: Issues, Challenges and Regulatory Regime," co-author with William D. White, Practical Law Company, November 27, 2012.
- "Shale-Gas Cases Important in State-Level Upstream Litigation," author, Natural Gas & Electricity, April 2012.
- "State-Level Upstream Gas Litigation," white paper, February 27, 2012.
- "Shaking Up Established Case Law And Regulation: The Impacts of Hydraulic Fracturing," co-author with William D. White, The Advocate, Jan. 5, 2012.
- "Current Developments in Energy Litigation," presented at the 10th Annual Energy Litigation Conference, co-sponsored by The Institute for Energy Law of The Center for American and International Law, the American Bar Association Section of Environment, Energy, and Resources, and the American Bar Association Energy Litigation Committee of the Section of Litigation, November 3, 2011.
- "Regulatory Developments - Water Access/Wastewater, Severance Taxes, and Drilling Regulations," presented at the Platts Oil & Gas Shale Developer Conference, June 21-22, 2011.
- "Lender Liability, Historical and Emerging," author and presenter at the Suing, Defending and Negotiating with Financial Institutions Conference, State Bar of Texas, February 10-11, 2011.
- "American Law and Jurisprudence on Fracing," with Michael Mazzone, Mary Mendoza, and Christopher Kulander, Rocky Mountain Mineral Law Foundation Journal, Vol. 47, No. 2, 2010. (This paper was updated in 2011 and 2012; the updated white paper, "American Law and Jurisprudence on Fracing - 2012," can be found here.)
- "An Overview of Selected Issues in Punitive Damages," presented at UT Continuing Education, The Damages Institute, September and October 2004.
- "Videotape Depositions and Related Technology Tools: Important Considerations Regarding the Taping and Presentation of Video Deposition Testimony and Exhibits," Fall 2004 issue of The Advocate, published quarterly by the Litigation Section, State Bar of Texas.
- Texas State Bar Litigation Update – Energy Law Update, State Bar of Texas Litigation Section, January, 2013.
- “Bumper Sticker Prayers Answered – Another Boom in the Oil and Gas Patch, presented at the North American Petroleum Accounting Conference, May 2013.
- “The Boom in the Oil Patch: Causes and Implications for the Trial Lawyer”, presented at the 2013 State Bar of Texas Advanced Civil Trial CLE.