Katherine D. Mackillop

Partner

Fulbright & Jaworski LLP

Katherine D. Mackillop

Houston

T:+1 713 651 5568

F:+1 713 651 5246

With extensive experience in appeals and litigation, Ms. Mackillop has been a partner in the Houston office since 1991. She handles appeals in both state and federal courts, which include cases involving class actions, personal and business tort, pharmaceutical and toxic tort, health care and more. Combining her appellate and trial experience, Ms. Mackillop represents clients in trial court in complex pre-trial motions and preservations of error during trial.

Ms. Mackillop's clients benefit from her breadth of experience in litigation cases, as well as her in-depth knowledge of the appellate process. Her clients have included companies in the pharmaceutical industry, the oil and gas industry, as well as insurance companies and health care providers.

Previously before joining the Houston office, Ms. Mackillop served as a law clerk for both the Tennessee Supreme Court and Court of Criminal Appeals.

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  • Education

    1982 - J.D., Vanderbilt University School of Law
    1979 - B.A., magna cum laude, Political Science, Vanderbilt University

  • Representative experience

     Admiralty

    • Represented carrier in damage to cargo claim under COGSA. Obtained reversal of $13 million judgment to $500 package limit.

    Class Action

    • Successfully reversed class certification in action against national insurance company.
    • Represented insurer in settlement class action, preparing trial and appellate briefing on class issues.
    • Successfully reversed class certification in action against national insurance company.
    • Represented insurer in settlement class action, preparing trial and appellate briefing on class issues.

    First Party Insurance

    • Bad Faith:
      • Obtained reversal of bad faith judgment arising from an insurance fraud case.
      • Successfully defended a jury verdict on property damages and bad faith.
      • Obtained reversal of bad faith judgment award in arson-fraud lawsuit.
    • Insurance Coverage:
      • Obtained reversal of summary judgment or underinsured motorist and personal injury protection coverage.
      • Successfully defended a challenge to jury verdict of no liability under commercial mortgage lending policy.

    Health Care

    • Obtained reversal of trial court's temporary injunction concerning hospital privileges.
    • Successful defense of a summary judgment in favor of hospital against physician's claim of wrongful termination of hospital privileges.

    Personal Injury

    • Malicious Prosecution: Obtained reversal of $6 million award for malicious prosecution.
    • Property Damages: Obtained reversal of punitive damages award of over $500,000 for damages to property.

    Pharmaceutical

    • Coordinated all pre-trial motion practice as well as trial briefing and jury charges in state-wide pharmaceutical litigation.
    • Challenged plaintiff's experts on causation in state-wide pharmaceutical litigation.

    Procedural Issues

    • Daubert Challenges to Expert Testimony: Reversed trial court decision to strike defendants' expert's testimony on causation.
    • Ad Litem Fees: Obtained reversal of excessive award of guardian ad litem fees.
    • Default Judgments: Obtained reversals of several different default judgments, including one for over $20 million.
    • Mandamus: Successful prosecution and defense against mandamuses in both state and federal court on issues ranging from attorney-client privilege to arbitration demands.
    • Motion to Seal: Defended oil and gas company in a challenge to seal confidential documents.

    Property Tax

    • Prevailed in trial court and appellate court on claims involving allegations of property tax fraud by oil companies, through allegedly misrepresenting prices for oil and gas.

    Toxic Tort

    • In bulk supplier/sophisticated purchaser case, defense of summary judgment on behalf of bulk suppliers of benzene to sophisticated purchaser.
  • Professional activities
    • Garland Walker American Inn of Court
    • University of Houston Law Center, former adjunct professor of legal writing
  • Professional honors
    • Texas Top Rated Lawyer - LexisNexis Martindale-Hubbell (2013 - 2014)
    • Texas Super Lawyer - appellate, Thomson Reuters (2008 - 2013)
    • The Best Lawyers in America - appellate law, Best Lawyers (2008 - 2014)
    • Texas Women Lawyers - Best Lawyers (2014)
  • Speaking engagements
    • "Decisions that Matter to Business from the United States Supreme Court's 2003 - 2004 Term," Fulbright & Jaworski L.L.P. Appellate Seminar, August 2004
    • "How (or Will) Campbell Affect Texas Trials?," Fulbright & Jaworski L.L.P. Appellate Seminar Punitive Damages: What's New From the United States Supreme Court, April 2003
    • "Preserving Claims of Error in Texas Trial Courts," Advanced Civil Litigation Seminar, University of Houston, Houston, Texas, 1999 - 2000
    • "Breach of the Duty of Good Faith and Fair Dealing: An Overview," Advanced Insurance Law Seminar, University of Houston, March 2000, 2001; TADC Fall Meeting, Sept. 1997; Lorman Ed Services, 1994, 1995
    • "Defenses to Allegations of Bad Faith Claims Handling," various seminars, 1991 - 1998
    • "Handling Complex Settlement Agreements," March 1992
    • "ERISA: Friend or Foe," August 1992
    • "ERISA: Preemption," February 1991

    Ms. Mackillop also has given numerous lectures at the University of Houston Law Center on topics such as "Post Trial Motions," and "Mandamus Practice in State Court."

  • Publications
    • Texas Appellate Practice Manual, Board of Editors, 1993
  • Licenses
    • Texas State Bar License