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David BrennerPartnerBurns Anderson Jury & Brenner Phone: (512) 338-5322 Fax: (512) 338-5363 E-mail: This e-mail address is being protected from spambots. You need JavaScript enabled to view it  Download vCard |
Profile:
Soon after completing Baylor Law School, David was undertaking litigation cases. Since co-founding the firm, he contributes his tenacious problem-solving abilities and easygoing manner to his colleagues and clients.
His grounded mindset helps him focus on the clients' real issues and desires, so he can lead them to favorable outcomes, while maintaining the integrity of everyone involved.
This same sense of balance that keeps him on top of complex cases also helps him keep his feet firmly on the ground, allowing him to enjoy his family and personal life in his own unfettered way.
Certification:
Personal Injury Trial Law - Texas Board of Legal Specialization
Civil Trial Law - National Board of Trial Advocacy
Accolades:
American Jurisprudence Award in Contracts II, 1985.
American Jurisprudence Award in Property II, 1985.
Nomination for membership in the local chapter of American Board of Trial Advocates.
Professional Affiliations:
American Board of Trial Advocates
American Bar Association
State Bar of Texas
Fellow, Texas Bar Foundation
Texas Center for Legal Ethics and Professionalism
Member, American Trial Lawyers Association
Austin Bar Association
Reported Appellate Decisions as Lead or Co-Counsel for a Party:
Texas Workers' Compensation Ins. Fund v. Rodriguez, 953 S.W.2d 765 (Tex. App.- Corpus Christi 1997)
Application of the Comfort Doctrine and Recreational Activity Exception to coverage in a sports injury.
Simplex Elec. Corp. v. Holcomb, 949 S.W.2d 446 (Tex. App.- Austin 1997)
Interpretation of statutory employer bill of rights in a workers' compensation case.
Hernandez v. Texas Workers' Compensation Ins. Fund, 946 S.W.2d 904 (Tex. App. - Eastland 1997)
Jurisdictional determination in appeal of maximum medical improvement in workers' compensation case.
Commercial Union Ins. Co. v. Spaw-Glass Corp., Inc., 877 S.W.2d 538 (Tex. App. - Austin 1994)
Duty of Contractor to retain under McGregor Act.
Lowe v. U.S. Shoe Corp., 849 S.W.2d 888 (Tex. App. - Houston 1993)
Burden of proof in equitable bill of review proceeding.
Gadison v. Economy Mud Products Co., 964 S.W. 2d 652 (Tex App - Houston [14th Dist.] 1997)
Jurisdiction of trial court in employee's discrimination suit against employer.
Insurance Company of the State of Pennsylvania v. Hazel Stohlik, 995 S.W.2d 939 (Tex. App. - Fort Worth 1999)
Application of single employer rule to computation of average weekly wage for union employees.
In re Yvette Ryan, 993 S.W.2d 294 (Tex. App. - San Antonio 1999)
Brown v. Kinney Shoe Corp., 237 F.3d556 (5th Cir. 2001)
Application of punitive damages and Batson Challenges in race discrimination case.
Texas Workers' Compensation Insurance Fund v. Martinez, 30 SW3d 490 (Tex. App. - Texarkana; 2000)
Evaluation of enforceability of Benefit Dispute Agreement in workers' compensation proceeding.
Texas Workers' Compensation Insurance Fund v. Lopez, 21 S.W.3d 358 (Tex. App. San Antonio; 2000)
Applicability of Robinson standards to causation testimony in workers' compensation case.
Silvey v. Ins. Co. of Pennsylvania, Cause No. 04-01-00623-CV- (4th Court of Appeals San Antonio; 2001)
Affirmance of trial court's judgment in favor of carrier reversing Appeals Panel Decision on impairment rating.
McGatlin v. Hartford Ins. Co., 94 S.W.3d 311 (Tex. App - Texarkana)
Dispute relating to TWCC's jurisdiction to entertain motion for rehearing in workers' compensation appeal.
Continental Casualty v. Downs, 81 S.W.3d 803 (Tex.; 2002)
Dispute relating to carrier's waiver of right to dispute compensability.
American Casualty Co. v. Martin, _S.W.2d_ (Tex. App. - Dallas; 2003)
Election of remedies dispute and finding in favor of carrier on issue of employer's waiver of reimbursement.
Valley Forge v. Austin, _S.W._ (Tex.; 2003)
Supreme Court review of election of remedies defense and whether it is abrogated to statute.
Texas Workers' Compensation Commission v. Texas Workers' Compensation Insurance Fund, _S.W.3d_ (Tex. App. - Amarillo; 2003)
Court affirming carrier's right to assert election of remedies between suit against employer on workers' compensation claim.
Publications & Seminars:
Author and Speaker: "Bad Faith," Texas Workers' Compensation Commission, March 2003.
Author and Speaker: "Bad Faith Update," TADC - 2002 winter seminar.
Speaker: "Understanding and Preventing Bad Faith Claims," Gulf Insurance, 1999.
Speaker: "Understanding and Preventing Bad Faith Claims," Texas Workers' Compensation Insurance Fund, 1998.
Speaker: "Identifying Exceptions and Defenses under TWCA," Safeco, 1998.
Speaker: "Issues Regarding Recoupment and Salary Continuation," Texas Workers' Compensation Insurance Fund, 1997.
Speaker: "Understanding and Preventing Bad Faith Claims," CNA, 1997.
Author and Speaker: "Identifying Exceptions and Defense Under TWCA," Texas Association of School Boards and the Texas Workers' Compensation Insurance Fund, 1997.
Author and Speaker: "Automobile Mock Trial and Case Evaluation," Government Employees Insurance Company.
Author and Speaker: "Workers' Compensation Mock Trial," Houston Association of Insurance Agents.
Author and Speaker: "Workers' Compensation Mock Trial," Tarrant County Association of Insurance Agents.
Presentation: "Rehabilitation Nurses Role in Workers' Compensation Claims," Texas Workers' Compensation Insurance Fund.
