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Kelly Stewart defends companies against product liability and toxic tort claims and also represents companies and individuals in a wide variety of business disputes. His recent product liability experience includes being part of a team that represented Mattel in connection with a number of U.S. federal and state and foreign lawsuits and regulatory actions arising from recalls of certain Mattel and Fisher-Price toys.
Kelly also has represented clients in litigation and arbitration involving many single-product defect claims, including diesel engines, gasoline pumps, rifles, furnaces, and garage door openers. He led the defense of Occidental Chemical Corporation in multiple suits across the country involving claims that the chemical vinyl chloride caused cancers and deaths. Kelly coordinated the defense with numerous other defendants and defended claims based on allegations that the industry conspired to hide the health effects of vinyl chloride.
Kelly's experience with business disputes includes claims based on alleged tax liabilities, premises liability, theft of trade secrets, and other commercial disputes. For example, he is a member of a team representing Expedia, Hotels.com, and Hotwire in multiple lawsuits brought by municipalities relating to the applicability of hotel occupancy tax to online travel companies. He also recently led a team that secured summary judgment for Expedia and other online companies against the city of Houston and the Harris County-Houston Sports Authority.
Kelly recently coauthored "Foreign-Made Product Claims: Handling the Crisis" (The Practical Litigator, October 2011) and "E-Filing or E-Failure: New Risks Every Litigator Should Know" (For The Defense, June 2011).
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