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Team » Stephen M. Loftin

Stephen M. Loftin

Overview

Stephen M. Loftin is a founding member of Hicks Thomas, LLP and has been in the legal practice for 24 years. Specializing in commercial litigation including energy, insurance coverage, product liability and personal injury, Loftin has a wide range of practice areas and trial experience.

Education

  • University of Texas (B.A. 1984)
  • University of Houston Law Center (J.D. cum laude, 1990)

Professional Associations

  • Life Fellow at the Houston Bar Association
  • 5 th and 11 th Circuit Court of Appeals
  • Sothern, Northern, Eastern and Western Federal District Courts

Honors and Distinctions

Loftin was selected for inclusion in Texas Super Lawyers® for business litigation which appeared in Thomson Reuters Legal and Texas Monthly magazine. He was elected to be a Life Fellow with the Texas Bar Association and the Houston Bar Association. He is the author of "Extraordinary Remedies" and was a speaker for the 24 th annual advanced civil trial course.

Practice Emphasis

Commercial litigation, including extensive experience in energy, banking, insurance coverage, and products liability.

Notable Representation

Tracy Windrum v. North Cypress Medical Center, et al.: Loftin was the lead trial counsel for plaintiffs in a medical malpractice suit against a hospitals neurologist and neurosurgeon. This suit arose as a result of death from hydrocephalus which was diagnosed but not treated. This two week trial against the neurosurgeon involved many complexities associated with neuroscience. Despite the complications, Loftin obtained one of the largest judgments in a medical malpractice case that Harris County has seen in recent years.

Tejas Oil & Gas v. Amerada Hess: Loftin served as the lead trial counsel for a pipeline company in dispute over alleged inability to provide sufficient natural gas for the customer due to force majeure. He obtained findings that the pipeline's allocation of limited supply was reasonable despite plaintiff's firm commitment for gas. Loftin successfully affirmed this case after a successful appeal.

Union Pacific Railroad: Loftin represented a railroad company in numerous service interruption lawsuits in state and federal courts arising out of a merger with Southern Pacific Railroad. He was successful in resolving all claims satisfactory to the client, including his service as lead trial counsel in state and court cases where he defended fraud and breach of contract claims. He successfully defeated the fraud claim in a ten-day trial. On a subsequent appeal, Loftin obtained a take-nothing judgment on all claims. Subsequently he obtained a pretrial dismissal of a separate federal court lawsuit alleging claims of negligent misrepresentation and breach of contract.

Enron Equipment Procurement Company v. Siemens Westinghouse Power Corp.: Loftin was the trial counsel for Siemens and defended claims that arose from generator damage. Some of the issues included risk of loss terms, apportionment of insurance obligations and force majeure provisions.

Kaiser Aluminum Chemical Company: Loftin represented asbestos product manufacturers and distributors in hundreds of cases pending in Texas. He tried two cases to verdict in East Texas and obtained no liability findings for the clients in both cases.

TH Agriculture & Nutrition: Loftin represented asbestos distributor in hundreds of cases pending throughout Texas and in Texas MDL proceedings.

R.R. Street & Co. Inc.: Loftin represented dry cleaning equipment, a chemical manufacturer and distributor in the following matters:

  • Claims arising as a result of an indemnity agreement with a chemical manufacturer. Loftin's representation obtained a successful appeal of jurisdiction and venue issue to Eleventh Circuit Court of Appeals as well as a prosecution appeal in the Ninth Circuit Court of Appeals.
  • Environmental contamination case brought by California municipal water purveyor asserting claims related to alleged contamination of drinking water wells throughout the state of California.
  • Personal injury case arising from Plaintiff's alleged exposure to dry cleaning chemicals.