Class Action, Mass Tort & Catastrophic Injury Attorney
Mr. Emerson is the founder of Emerson Firm, PLLC and has been practicing now for forty-two years. He was born in Little Rock, Arkansas, and was raised there and in Houston, Texas. He obtained his Bachelor of Arts from the University of Texas at Austin and his Juris Doctorate from South Texas College of Law in Houston. He was admitted to the Texas Bar in 1980 and is admitted to practice before the U.S. Supreme Court; U.S. Court of Appeals for the 2nd, 5th, and 8th Circuits; U.S. District Courts for the Northern, Southern, Eastern, and Western Districts of Texas; Eastern and Western Districts of Arkansas; Western District of Washington; District of Colorado; Eastern District of Michigan; Eastern District of Wisconsin; and all Texas, Washington, and Arkansas state courts. He began his career as outside trial counsel for several large national insurance companies and self-insureds. He transitioned over the years from defense trial work into a mass tort practice and ultimately into a mass tort, class action, and catastrophic injury law practice.
For the past 24 years, Martindale-Hubbell, a national authority on attorney reviews and ratings, has awarded Mr. Emerson the rating “AV Preeminent” – the highest possible rating for legal ability and ethical standards. Mr. Emerson was honored by being named one of the Top 100 Trial Lawyers in America by the National Trial Lawyers in 2013-2020.
Most recently in his personal injury and wrongful death practice, Mr. Emerson prosecuted a catastrophic brain injury case involving alleged malpractice by doctors and staff at CHI-St. Vincent Hot Springs in Hot Springs, AR. This matter was settled under a confidential agreement.
Mr. Emerson has represented plaintiffs in many antitrust cases and has been a committee member in certain cases. His antitrust cases include:
- In re: Aluminum Warehousing Antitrust Litigation.
- In re: High Pressure Laminates Antitrust Litigation.
- In re: Compact Disc Antitrust Litigation.
- In re: Lithium Ion Batteries Antitrust Litigation.
- In re: CRT (Cathode Ray Tube) Antitrust Litigation.
- In re: Flash Memory Antitrust Litigation.
- In re: GPU (Graphics Processing Units) Antitrust Litigation.
- In re: Ocean Shipping Antitrust Litigation.
- In re: TFT-LCD (Flat Panel) Antitrust Litigation.
- In re: Trans-Pacific Airline Surcharge Litigation.
- In re: Domestic Airlines Antitrust Litigation.
- In re: Bridgestone Anti-Vibration Rubber Parts Antitrust Litigation.
- In re: Interior Molded Doors Antitrust Litigation.
- In re: Liquid Aluminum Sulfate Antitrust Litigation.
- In re: Crop Inputs Antitrust Litigation.
- In re: Deere & Company Repair Services Antitrust Litigation.
- Hightower v. Celestron Acquisition, LLC, et al.
In his privacy and data breach practice, Mr. Emerson has helped or is helping aggrieved consumers in the following pending or settled privacy or data breach cases:
- In re: Marriott International, Inc., Customer Data Security Breach Litigation.
- In re: Equifax, Inc., Customer Data Security Breach Litigation.
- In re: Anthem Healthcare Data Breach Litigation.)
- In re: Premera Healthcare Data Breach Litigation.
- In re: Medical Informatics Engineering Data Breach Litigation.
- In re: Office of Personnel Management Data Breach Litigation.
- In re: Experian Data Breach Litigation-represented half of the 58 named lead plaintiffs.
- In re: Vizio, Inc., Consumer Privacy Litigation.
- In re: Banner Health Data Breach Litigation.
- In re: Valley Anesthesiology Data Breach Litigation.
- In re: Lincare Holdings Inc. Data Breach Litigation.
- In re: T-Mobile Customer Data Security Breach Litigation.
- In re: Capital One Customer Data Breach Litigation.
- In re: Advocate Aurora Health Data Breach Litigation.
- In re: Lakeview Loan Servicing Data Breach Litigation.
- In re: Forefront Data Breach Litigation.
- Shields Health Care Group Inc. Data Breach Litigation.
- Wesch v. Yodlee, Inc, et al. Privacy Litigation.
- Broward Health Data Breach Litigation.
- Tenet Healthcare Corporation Data Breach Litigation.
- Flagstar Bank Data Breach Litigation.
- Yuma Medical Center Data Breach Litigation.
- Apple Privacy Litigation.
- BetMGM Data Breach Litigation.
- TikTok Privacy Litigation.
- In re: Meta Pixel Tax Filing Cases
In his consumer class action practice, Mr. Emerson has represented or is representing numerous consumers in the following class actions:
- In re: Syngenta AG MIR162 Corn Litigation (MDL 2591). A global settlement of approximately $1.5 billion. Mr. Emerson represented the Arkansas bellwether trial plaintiff, Eagle Lake Farms Partnership as well as many farmers around the United States.
- In re: Smitty’s/Cam2 303 Tractor Hydraulic Fluid Marketing, Sales Practices and Products Liability Litigation. Mr. Emerson is currently prosecuting the consolidated class action on behalf of contractors, farmers, and individual consumer relating to allegedly defective “303” hydraulic tractor oil fluid.
- In re: Chrysler Pacifica Fire Recall Products Liability Litigation, a class action involving 2017-2023 Hybrid Pacifica Minivans subject to fires, explosions, and spontaneous shutdowns.
- Juliet Murphy, et al., v. Toyota Motor Corporation, a class action involving 2013-2018 Toyota RAV4 vehicles which have allegedly defective battery hold down frames.
- Danny Weston, et al v. Subaru of America, Inc., a class action involving sudden and unintended acceleration in 2012-2018 Subaru Forester, 2015-2019 Subaru Legacy, and 2015-2019 Subaru Outback vehicles.
- Laura and James Sampson, et al, v. Subaru of America, Inc. and Subaru Corporation f/k/a Fuji Heavy Industries, Ltd., a class action involving allegedly defective Autonomous Emergency Braking and Lane Keep Assist systems in 2013-2021 Subaru vehicles.
- Gordon Feller et al v. Transamerica Life Insurance Company. Mr. Emerson represented policyholders who experienced increased cost of insurance rates and/or increased monthly deductions (COI). Among other work, Mr. Emerson defended the deposition in Saipan of one of the named plaintiffs, a US citizen residing in Saipan. This case settled for approximately $88 million.
- In Re: Bisphenol-A (BPA) Polycarbonate Plastic Products Liability Litigation. Mr. Emerson served as Chairman of the Expert Witness Committee in the consolidated MDL class action.
- In both the Gerber’s and Carter’s Baby Clothing Litigation, Mr. Emerson was Co-Lead Counsel for several parents and the Class. Both cases resolved for plaintiffs in a JAMS mediation.
- Mr. Emerson served as a consultant to Canadian plaintiffs’ counsel in the Canadian Medtronic Pacemaker Pacing Lead Product Liability Litigation. This case was certified and settled as a Canadian national class action.
- In re: Volkswagen “Clean Diesel” Marketing, Sales Practices, and Products Liability Litigation.
- In re: Toyota Hybrid Brake Litigation, a class action involving allegedly defective brakes in certain hybrid Toyota vehicles.
- Charlotte Willoughby, et al., v Abbott Laboratories, a class action involving allegedly contaminated baby formula, Similac.
- In re: Plum Baby Food Litigation, a class action involving baby foods allegedly contaminated with heavy metals.
- In re: Philips Recalled CPAP, Bi-Level PAP, and Mechanical Ventilator Products Liability Litigation, a class action involving allegedly defective breathing products. Mr. Emerson represents 10 of the named plaintiffs in the Economic Loss Complaint and 8 of the named plaintiffs in the Medical Monitoring Complaint.
- Rust-Oleum class action litigation involves allegedly defective deck stains including Rustoleum RockSolid and Rustoleum Restore products. There are 2 cases, Green, et al., v. Rust-Oleum Corporation and Nancy Cole, et al., v. Rust-Oleum Corporation.
- Contaminated Dark Chocolate Litigation. Mr. Emerson currently represents numerous plaintiffs in various cases against dark chocolate makers alleging contamination with heavy metals.
- Generac Power System Litigation is a consolidated class action involving the allegedly defective PWRcell System.
In his retirement plan practice, Mr. Emerson was appointed to the Plaintiffs’ Counsel Steering Committee by Judge Melinda Harmon, in the consolidated Enron ERISA Litigation, styled Pamela M. Tittle v. Enron Corp., et al.
In his corporate practice, Mr. Emerson has represented numerous shareholders in shareholder derivative lawsuits brought against corporate boards alleging breaches of fiduciary duties. These suits sought to impose corporate governance reforms aimed at protecting shareholders and eliminating corporate waste and abuse. Some notable cases include:
- Computer Associates (CA) Shareholder Derivative. This case was brought in the Federal District Court for the Eastern District of New York. Mr. Emerson was Lead Counsel in this action which was brought against the CA board of directors and led to the resignation of the Company’s CFO and two other senior financial officers. More importantly it established corporate governance measures that CA has since represented as the “gold standard” of governance reform.
- In re: AOL Time Warner Shareholder Derivative Litigation. Mr. Emerson was Co-Lead Counsel in this case which settled in the Federal District Court for the Southern District of New York. It resulted in wide ranging corporate governance and compliance changes and was recognized as a substantial factor in Time Warner’s ability to obtain $200 million from its Directors’ and Officers’ (D&O) insurance carriers.
- In re: Crompton Shareholder Derivative Litigation. Mr. Emerson was Lead Counsel in the case which settled with Crompton’s D & O carrier, AIG, in mediation at JAMS New York. After the mediated settlement, but before Court approval, Crompton filed bankruptcy. Thereafter the settlement was approved by the Bankruptcy Court for the Southern District of New York and resulted in major corporate governance improvements.
Mr. Emerson has over 42 years of jury trial experience. He is a member of the legal fraternity Delta Theta Phi. He is also a member of The National Trial Lawyers; American Association for Justice (“AAJ”); AAJ Class Action Litigation Group; AAJ Medical Negligence Information Exchange Group; Fellow of The National Civil Justice Institute (formerly The Pound Civil Justice Institute); Texas Trial Lawyers Association; American Bar Association (Tort and Insurance Practice and Legal Economics Sections); State Bar of Texas (Grievance Committee 4-D, Houston, 1991-94); Membership Services Committee, 1991-92); Sustaining Life Fellow Texas Bar Foundation; Bar Association for the United States District Court for the Eastern District of Texas; Houston Bar Association; Fellow of the Houston Bar Foundation; Washington State Bar; King County Bar Association; Arkansas Trial Lawyers Association; Pulaski County Bar Association; and the Arkansas Bar Association. Mr. Emerson was honored by the Governor of Arkansas when he was named an Arkansas Traveler, an Ambassador of Good Will on behalf of the people of the state of Arkansas to people everywhere.
Mr. Emerson is married with two children, three grandsons, and four miniature dachshunds. He enjoys the outdoors and has hunted and fished in the United States, Canada, Mexico, Honduras, Uruguay, Argentina, Botswana, and South Africa. He currently hunts with a camera, only. He supports elephants through the David Sheldrick Wildlife Trust. He is a member of Ducks Unlimited and is a Life Member of Safari Club International. He is a Life Member of Texas Exes, the University of Texas alumni group.