Brian J. O'Toole

Partner

Practice Concentration & Experience

Litigation and trial on behalf of Plaintiffs and Defendants, in state and federal courts and in contested administrative proceedings.  Lead counsel in over thirty bench and jury trials, primarily in business disputes including contracts, corporate, partnership and real estate litigation, trade secrets, labor and employment, and deceptive trade practices.

Significant cases include:
In re Texas Industries, Inc.  Represented cement manufacturer in contested application for permit to burn hazardous waste at cement kiln in Midlothian, Texas.  Longest trial in the history of SOAH resulted in granting of permit.  Primarily responsible for all risk-assessment issues in the case, including presenting and cross examining expert witnesses.

State of Texas v. GameTech International, Inc. and Trend Gaming Systems, L.L.C.  Represented publicly held manufacturer and private distributor of electronic bingo equipment in license suspension and/or revocation proceeding by the Texas Lottery Commission.  Trial resulted in complete defense verdict.

Mr. O’Toole’s experience includes dozens of personal injury cases on behalf of Plaintiffs and Defendants, including successful defense of a rehabilitation clinic in jury trial, and, early in his practice, representing a large national trucking company in tort litigation throughout the State of Texas and in several surrounding states.

Education

University of Oklahoma
BBA – Accounting 1987

Southern Methodist University School of Law
Juris Doctor (1991)
Editor, Southwestern Law Journal

Prior Professional Affiliations

Moltz Morton O’Toole, L.L.P.
April 2007 through present.

Kasling, O’Toole, Hemphill & Dolezal, LLP
February, 2001 to March 2007.

Law Offices of Brian J. O’Toole
January, 2000 through February, 2001.

Jenkens & Gilchrist, P.C. – Austin, Texas
May, 1994 through January, 2000.

Strasburger & Price – Dallas, Texas
September, 1991 through May, 1994

Licenses & Admissions

Admitted to the Texas Bar November 1991.
Supreme Court of Texas.
United States District Courts for the Western,
Southern and Northern Districts.
Certified Public Accountant (State of Florida
1988, not currently active).