C. David Kinder Member

San Antonio Weston Centre 112 E. Pecan Street Suite 1800 San Antonio, TX 78205

T: 210-554-5421 F: 210-226-8395 [email protected] Areas Of Practice Litigation David Kinder is a seasoned trial attorney with more than 33 years of Product Liability experience representing individuals and companies involved in a diverse Business & Commercial range of industries with complex and high stakes litigation matters. Kinder ERISA Litigation believes success in the courtroom depends on a full understanding of his clients’ business, their specific goals in the litigation and an emphasis on working with and listening to his clients. To achieve that goal he relies on Industries the creativity of a team that blends deep experience with fresh Insurance Industry Group approaches to solving problems, knows how to prepare for and try cases Construction Law to juries, judges and arbitrators, and is not afraid to go to trial. This Insurance Related Litigation philosophy leads to success in the courtroom and helps clients settle cases on favorable terms.

Bar Admissions He has tried cases on a wide variety of legal issues for both plaintiffs and Texas defendants. He has trial experience in antitrust claims, federal false advertising and unfair competition claims, claims against insurance companies, commercial disputes, products liability claims, contract and Court Admissions business tort claims, claims involving intellectual property, personal injury United States District Court claims and lawsuits involving construction projects and construction Northern District of Texas defects. He has also spent significant time counseling clients on land use United States District Court issues, construction contract issues, and has represented numerous Southern District of Texas hospitals, pharmaceutical and medical device manufacturers and United States District Court managed healthcare organizations. Western District of Texas United States District Court Experience Eastern District of Texas “Generic” Litigation Represented a client in two lawsuits against pharmaceutical Education manufacturers who claimed that their products were the same as the ● The University of Texas client’s product or compared their products to the client’s products as a School of Law, J.D., 1984 “generic”. Over a two-year period, obtained two temporary injunctions and ● The University of Texas at prevailed in two jury trials with verdicts. Austin, B.A., 1981 Insurer Bad Faith Litigation ● The University of Texas at Successfully represented insurers in numerous trials involving large- Austin, B.S., 1980 exposure bad faith trials in catastrophe, mold exposure and foundation claims. Most recently in the first four months of 2018, Kinder was lead trial counsel in three back-to-back trials in Hidalgo County, Texas representing a large national property and casualty insurance carrier. The lawsuits were among thousands of lawsuits that were filed as a result of hailstorms in 2012. Each of the lawsuits involved causes of action against the insurance company and its independent adjusting company for breach of contract, violations of the insurance code, breach of the duty of good faith and fair dealing, and fraud. The plaintiffs alleged the insurance company failed to investigate and pay the insureds’ claims, that the insurance company set

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unreasonable deductibles and that the insurer fraudulently misrepresented that its insureds would get “best-in-class customer service.” The insurer countered that it timely investigated the claims and paid for all covered damages. In dealing with each of these trials, Kinder and his team used innovative and “outside the box” strategies that resulted in three complete defense verdicts.

Products Liability Handled the defense of hundreds of claims brought throughout Texas related to alleged defects in travel trailers, vehicles, construction equipment, industrial machinery, power tools, plastic products, medical equipment and pharmaceutical products.

Litigation Involving Antitrust and Patent Claims Represented a client in two matters involving claims related to violation of antitrust laws and patent infringement. Participated in a jury trial resulting in an antitrust verdict and represented the client in a patent infringement matter that resulted in a finding that the client’s patent was valid.

Inguran, LLC v. IMV International Corporation Our team represented Inguran, a Texas company operating on the cutting edge of livestock reproduction technology. Inguran bought ten newly designed artificial insemination straw filling and sealing machines from IMV, the manufacturer. These machines were defective, and caused Inguran significant financial damages. Our team developed evidence supporting claims for breach of contract, breach of express and implied warranties, negligence and strict product liability. After taking and defending nearly twenty depositions in two countries and across three states—all of which advanced Inguran’s case—the matter was resolved to Inguran’s satisfaction, but in a confidential manner.

Construction Litigation Represented a national developer in a high-profile case involving demolition of a building to construct a residential complex in furtherance of the City of San Antonio's efforts to revitalize downtown. Defeated attempts to obtain a temporary injunction preventing the demolition, thus allowing the project to move forward.

Litigation Involving Land Use Dispute Represented a major university in a land use dispute and obtained a favorable result for the university before the San Antonio Board of Adjustment, which affirmed the university's use of its property and granted all relief requested.

In re: Leonard K. Hoskins v. Hoskins, Inc., Colonel Clifton Hoskins and Hazel Q. Hoskins, in arbitration, Bexar County, Texas Obtained a summary judgment confirming our client's acquisition and ownership of a ranch located within the South Texas Eagle Ford shale play.

Pain Family USA, Inc. et al. v. Ashley Gill, et al., Cause No. 2012-CI-00064, in the 131st District Court of Bexar County, Texas Represented a client in a multi-million dollar lawsuit against their business partners. Our team asserted claims for fraud and breach of fiduciary duties based on misappropriation of funds and multiple misrepresentations that were made regarding the growth and earnings of the companies. Obtained a favorable settlement of all claims in mediation within one week of filing suit.

Edward J. Swearingen v. Seven Q Seven, Ltd., et.al.; Cause No. 2009-CI-08757, filed in the 37th District Court, Bexar County, Texas Obtained a favorable settlement for our client, Edward J. Swearingen, a nationally known designer of aircraft. Swearingen’s claims were related to his design efforts on re-engining JSTARS aircraft for the United States Air Force. Our team successfully recovered amounts due for his design fees and resolved a dispute concerning his partnership interests in Seven Q Seven, Ltd.

Javier Ramirez, M.D., v. Doctors Hospital at Renaissance, Ltd., et al., Cause No. C-2708-08E, in the 275th District Court of Hidalgo County, Texas Defended a doctors-owned hospital and a series of individual doctors in a multi-million dollar lawsuit concerning a particular doctor’s partnership interest in the hospital. Obtained a take-nothing summary judgment on all claims in one of the most plaintiff-friendly venues in the country.

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Litigation Involving Grand Hyatt Hotel in San Antonio, Texas Representation of the owner of the Grand Hyatt Project in San Antonio concerning claims related to construction of the Project. The matter included representation of the client in numerous cases related to the amounts due for the construction of the Project. Defended the client by obtaining summary judgment and dismissals of claims based on defenses related to the payment bond on the Project.

Litigation Involving Travel Trailer Rollovers Represented the client in obtaining favorable settlements relating to claims resulting from rollovers involving travel trailers manufactured by the client.

News 33 Dykema Attorneys Listed as “2020 Top Attorneys” by San Antonio Magazine November 16, 2020

Community/Civic Activities

● San Antonio Symphony, Former Chairman of the Board of Directors

● San Antonio Symphony League, Former President

● San Antonio Dance Umbrella (SADU), Former President

● Blue Star Contemporary Art Space, Former President

● Carver Cultural Community Center, Former Internal Vice-Chair

● Providence Place (formerly The Methodist Mission Home), Former President

Awards & Recognition

● Recognized by San Antonio Magazine in "San Antonio's Top Attorneys" for Civil Law Litigation, 2019 and 2020

● Named 2013 "Outstanding Lawyer," San Antonio Business Journal

● Martindale-Hubbell® AV® Peer Review Rating

● Recognized in Texas Super Lawyers® for Business Litigation, 2014-Present

● Recognized in Texas Super Lawyers® for Business Litigation, 2011-2012, 2014-Present

● Recognized by S.A. Scene in "San Antonio’s Best Lawyers" for Business Litigation & Civil Litigation Defense

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