Patrick F. Madden


Patrick F. Madden

Shareholder

Email: pmadden@macdonalddevin.com

Direct Phone: 214.651.3349

Direct Fax: 214.747.0942


Printable Bio


AREAS OF PRACTICE

  • Business Litigation

  • Commercial and Transactional

  • Employment and Labor

  • Food, Drug, and Medical Device

  • Health Law

  • Products Liability

  • Professional Liability

  • Transportation

Overview Patrick has practiced civil law since 1993, representing clients in litigation in a variety of industries. He believes it is important to see the big picture when preparing a case, but also knows that it is critical to pay close attention to details. He is frequently hired to represent clients in difficult cases, including as “major case” panel counsel for multiple insurance carriers.

Product Liability: Patrick has represented manufacturers in cases involving claims of product defect across a wide variety of industries, including medical devices, pharmaceuticals, nutraceuticals, health care products, consumer electronics, aerosols, petroleum extraction and processing equipment, industrial equipment, building components and construction products. He currently represents two manufacturing clients nationally.

Premises Liability: Patrick has represented commercial clients sued under a wide variety of premises liability theories, from alleged inadequate security to slip-and-falls.

Transportation: Patrick is well-versed in Federal Motor Carrier Safety Administration regulations and the customs and practices of the industry. For his transportation industry clients, Patrick leads an accident response team that is prepared seven days a week, 24 hours a day, to document an accident scene and assure preservation of critical evidence.

Patrick is not just a litigator; he is a trial lawyer. He has represented clients in trials involving allegations of product liability, premises liability, motor carrier liability, breach of contract, consumer protection matters, employment issues, non-compete agreements, fraud, conversion (theft), trade secrets, trademarks, and breach of fiduciary duty.

He is admitted to practice in all state and federal courts in Texas. He has practiced in most courts in the state, and tried cases to juries in Bowie County, Collin County, Dallas County, Grayson County, Hidalgo County, Hunt County, Hutchison County, Kaufman County, Lubbock County, Parker County, Tarrant County, Wise County and several Federal District Courts. Patrick has also been admitted pro hac vice in courts in Alabama, Arkansas, California, Florida, Illinois, Maryland, Mississippi, Nevada, New York, New Jersey, North Carolina, and Oklahoma.

Patrick’s AV-Preeminent® rating from Martindale-Hubbell® and his consistent inclusion on the Texas SuperLawyer® list and similar rolls of outstanding lawyers are a testament to his record of exceptional representation.

Patrick graduated from Boston College in 1990; earned his Juris Doctor from the University of Texas School of Law in 1993.

Representative Experience

  • Represented client in case filed in Tarrant County. The plaintiff’s arm was amputated by industrial equipment. He alleged that the absence of proper guarding was caused by Patrick’s clients acts and omissions. After discovery, the court granted summary judgment dismissing all of plaintiff’s claims. March 2020.

  • Represented client in jury trial in Dallas County. The plaintiff sued a funeral home that is privately held by one of the country’s largest providers of funeral services. It was undisputed that the plaintiff was the next-of-kin of his parents. The plaintiff alleged various causes of action based on the defendant funeral home moving his parents’ remains without his consent, as the next-of-kin. He claimed that moving their remains caused him extreme emotional distress, and that the disinterment violated religious tenets. The plaintiff’s strategy included retaining a publicist who seeded stories with newspaper and television news stations that provided coverage before and during the trial. The plaintiff’s demand before trial was never less than $13,000,000.00, based on results of a mock trial conducted by the plaintiff’s legal team. The jury answered “no” to questions regarding whether the funeral home was grossly negligent or acted with fraud, and awarded $0 for future mental anguish. The jury found that the plaintiff’s total damages caused by the funeral home and parties who settled before trial was was only $200,000.00. After application of a credit of for the plaintiff’s settlement with other parties before trial, a proper judgment would have been that plaintiff recover nothing from the Patrick’s client. No judgment was entered because the case settled a short time after the trial concluded. February 2019

  • Represented an individual in jury trial in Kaufman County. The plaintiff alleged she suffered personal injuries caused by Patrick’s client. A jury decided that the plaintiff was responsible for her own injuries. The court entered a judgment dismissing the plaintiff’s claims against Patrick’s client. March 2017

  • Represented a company and driver in a jury trial in Bowie County. The plaintiffs were the parents of a 22-year old man who was killed as a result of a collision with a tractor-trailer operated by Patrick’s clients. The plaintiffs presented expert testimony and other evidence of alleged violations of Federal Motor Carrier Safety Regulations and other acts and ommissions they contended proved defendants caused the accident. After a nine-day trial, a jury decided that the accident was caused by the negligence of the deceased man. The court entered a judgment dismissing the plaintiffs’ claims against Patrick’s clients. January 2017

  • Represented a company and driver in a jury trial in Lubbock County. The plaintiffs alleged various personal injuries caused when their vehicles were rear-ended by a tractor-trailer operated by Patrick’s clients. One of the plaintiffs was rendered a paraplegic by the accident. After a two week trial, a jury rendered a verdict consistent with the positions advocated by Patrick’s clients. The plaintiffs appealed the judgment, alleging that the amount awarded by the jury was so low as to be manifestly unjust. October 2016

  • Represented a company in a jury trial in Denton County. The plaintiff alleged that he suffered personal injuries as a result of Patrick’s client’s negligence. A jury decided that plaintiff was responsible for his own injuries. The court entered a judgment dismissing the plaintiff’s claims against Patrick’s client. September 2016

  • Represented a Fortune 500 company in a lawsuit in Wise County who was sued for contractual indemnity for losses arising from an oil well accident. Patrick’s client prevailed against claim for indemnity, and client recovered its attorney’s fees and costs incurred to defend the lawsuit. August 2016

  • Represented a national restaurant chain in a lawsuit in Tarrant County. The plaintiff alleged that she suffered an injury when she fell on a substance that had been spilled on the restaurant’s floor. The court found that plaintiff presented no proof that the restaurant knew or should have known of the dangerous condition, and dismissed plaintiff’s claims by summary judgment. April 2016

  • Represented a Fortune 100 company in a jury trial in Dallas County. The plaintiff alleged she suffered serious and permanent injuries caused by the company’s negligence. A jury found that the plaintiff’s damages were less than the amount of an offer of settlement made by Patrick’s client prior to trial. Pursuant to Texas Rule of Civil Procedure 167, the court found that the jury’s award was “significantly less favorable” than the offer made by Patrick’s client, and entered judgment awarding Patrick’s client its litigation costs. The plaintiff recovered nothing from Patrick’s client. February 2016

  • Represented a business employee in a jury trial in Dallas County. The plaintiff suffered severe personal injuries that he alleged were caused by Patrick’s client. The claims against Patrick’s client were settled after 3 days of jury trial for an amount that had been rejected by the plaintiff before trial. December 2015

  • Represented two individuals in a lawsuit in Denton County. The plaintiff’s husband was rendered a quadriplegic by an accident she claimed had been caused by Patrick’s clients. The plaintiff’s husband died of complications from his injuries almost a year after the accident, and his estate was also a party to the lawsuit. The court found no breach of duty recognized by Texas law, and dismissed the claims against Patrick’s clients by summary judgment. December 2015

  • Represented a Fortune 1000 company in a lawsuit in Travis County. The plaintiff suffered severe injuries that he alleged were caused by a defective product sold and installed by Patrick’s client. Plaintiff settled his claims against Patrick’s clients and two other companies who were represented by other firms. The amount paid by Patrick’s client was less than 1/250 of the total settlement. March 2015

  • Represented a ranch employee in a jury trial in Hutchison County. The plaintiff, a minor, suffered a serious brain injury and other personal injuries. He was required to undergo more than one year of intense physical and cognitive rehabilitation. The case settled after four days of jury trial for an amount that had been rejected by the plaintiff prior to trial.

  • Represented a client sued in the United States District Court for the Northern District of Texas, Fort Worth Division. The plaintiffs alleged causes of action of trademark infringement, Lanham Act violations, misappropriation, unfair competition, and unjust enrichment. The plaintiffs sought compensatory damages, punitive damages and injunctive relief. After discovery and briefing by the parties, the federal court granted summary judgment in favor of Patrick’s client, dismissing with prejudice all of the plaintiffs’ claims. January 2015

  • Represented the defendants—an individual and his corporate employer—in jury trial in Grayson County. The plaintiff alleged permanent neurologic, lumbar and cervical injuries were caused by a collision with a truck operated by Patrick’s clients. The jury found that the plaintiff was primarily responsible for the accident, and the court entered judgment in favor of Patrick’s clients. October 2014

  • In a case alleging the wrongful death of a young woman, Patrick represented the defendants—two corporations accused of non-subscriber liability. The court granted partial summary judgment, dismissing the non-subscriber claims against Patrick’s clients. October 2014

  • In an adversarial proceeding, Patrick represented a company accused of trademark infringement and theft of trade secrets. After trial in the United States Bankruptcy Court, the court entered judgment in favor of Patrick’s client. July 2014

  • Represented the defendants, who were alleged to have caused the wrongful death of a young woman. The court granted summary judgment, dismissing all claims against Patrick’s clients. January 2014

  • Represented the defendants in a case brought on behalf of a young man who sustained severe brain damage and was rendered a paraplegic by a pedestrian/truck collision. The truck was operated by Patrick’s clients, who the plaintiff alleged negligently caused the collision. The plaintiff sought damages in excess of $15,000,000 from Patrick’s clients. The trial court granted summary judgment, dismissing all claims against Patrick’s clients. September 2013

  • Represented a country club in a wrongful death lawsuit in Denton County. The plaintiff alleged that his 18-year old son was killed by an unlicensed, undocumented worker who was employed by Patrick’s client. The employee testified that he became intoxicated while at the country club; he was convicted of driving while intoxicated and manslaughter. The court found that Patrick’s client did not violate any duty recognized by Texas law, and dismissed the plaintiff’s claims by summary judgment. January 2011

Professional Affiliations

  • Dallas Bar Association

  • State Bar of Texas

  • Texas Association of Defense Counsel

  • Litigation Counsel of America

Honors and Recognitions

  • Selected to the Texas Super Lawyers list, published by Texas Monthly Magazine, Civil Litigation Defense, 2011–2018

  • AV Rated, a Martindale Peer Reviewed Rating

  • Fellow of the Litigation Counsel of American Trial Lawyer Honorary Society, April 2007–present

  • D Magazine Best Lawyers Under 40, 2006

Educational and Professional Background

  • University of Texas, Juris Doctor, 1993

  • Boston College, Bachelors of Arts, 1990, magna cum laude

Court Admissions

Patrick F. Madden is licensed to practice law in the following areas:

  • Texas

U.S. District Courts for the Northern, Southern, Eastern, and Western Districts of Texas U.S. Court of Appeals for the Fifth Circuit