Areas of Practice
- Admiralty/Maritime Litigation
- Appellate Law
- Commercial Litigation
- Personal Injury/Wrongful Death Defense
- Environmental/Toxic Tort
- Premises Liability
- Products Liability
- Professional Liability
Mark Clemer has many positive judgments in his legal career, but several stand out. He handled a case from its inception that prevents insured claimants from holding their insurance companies hostage in settlement negotiations where a significant portion of potential damages are not covered under the policy.
Another case accomplished the reversal of a $4 million verdict against an insurer for breach of duty. He won a case where he represented an excess insurer in a suit by the named insured, involving $26 million in damages from construction defects. That case was appealed and he obtained a dismissal of the appeal on technical grounds. A case tried in Federal Court in New Orleans kept his client from more than $1 million in potential liability, and the Fifth Circuit affirmed the judgment for his client.
One aspect of Mr. Clemer’s practice involves excess insurers retaining his services when they feel dissatisfied or uncomfortable with the counsel retained by the primary insurer. Recently he successfully contested personal jurisdiction in 36 cases, obtaining dismissals for out-of-state companies that did not have sufficient business contacts in Texas to justify jurisdiction in the state.
Beyond his legal work, Mr. Clemer stays active at his church and playing softball. He says church helps him stay centered and calm in pressure situations, and softball helps him compete without rancor.
Mr. Clemer began his legal career as a briefing attorney with the Dallas Court of Appeals in 1985 after earning his Bachelor’s degree at the University of Texas at Austin and his Doctor of Jurisprudence from the University of Texas School of Law.
- The University of Texas School of Law, Juris Doctor
- The University of Texas at Austin, B.A.,
- Shareholder, Brown Sims, P.C., 2000 to Present
- Participating Associate, Brown, Sims, Wise & White, 1994-1999
- Associate, Brown, Sims, Wise & White, 1986-1993
- Briefing Attorney, Dallas Court of Appeals, 1985-1986
- State Bar of Texas; Texas Supreme Court; United States Court of Appeals – Fifth Circuit; United States District Courts for the Northern, Southern and Eastern Districts of Texas.
- Speaker at public and private seminars presented by client and professional groups on various issues related to products liability, toxic torts, general civil litigation, maritime law, personal injury, death and property damage claims, personal injury and property damage arising from onshore and offshore oil and gas operations, and construction law.
In-House Client Seminar Topics
- Damages under Texas and Federal Law for Injury and Death
- Texas and Federal Employment Statutes
- Insurance Coverage and Reservation of Rights
- Texas Deceptive Trade Practices-Consumer Protection Act/Bad Faith
- Trial of Gross Negligence Claims
- The Duty to Defend in Texas
- Foreign Injury and Death Claims
- Coverage for Contracts
- Punitive Damages and Public Policy
- Admiralty and Maritime Jurisdiction
- Jurisdiction of Jones Act and Longshore Claims
- Oilfield Property Damage and Injury Claims
- Preparation and Trial of Maritime Injury and Death Claims
- Products Liability and Class Actions in Texas
- Environmental and Toxic Tort Claims
- Texas Asbestos/Silica Update
- Dominguez v. Gulf Coast Marine & Assocs., 607 F.3d 1066 (5th Cir. 2010).
- Offshore Drilling Co v. Gulf Copper & Mfg. Corp, 604 F.3d 221 (5th Cir. 2010).
- Presley v. Republic Energy Drilling, L.L.C., 2008 Tex. App. LEXIS 6636 (Tex. App. – Fort Worth 2008, no pet.).
- Goenka v. Baxter, 2007 Tex. App. LEXIS 9871 (Tex. App. – Corpus Christi 2007, no pet.).
- In re U.S. Silica Co., 157 S.W.3d 434 (Tex. 2005).
- American Home Assur. Co., Inc. v. Unauthorized Practice of Law Committee, 121 S.W.3d 831(Tex.App.-Eastland 2003) aff’d as modified, 261 S. W. 3d 24 (Tex. 2008).
- Loper v. Dufrene, 84 Fed. Appx. 454 (5th Cir 2004).
- Vesta Fire Ins. Corp. v. Nutmeg Ins. Co., 2003 WL 22508504 (W.D. Tex.2003).
- J.T. Thorpe Co. v. American Motorists Ins. Co., 2003 WL 23323005 (S.D. Tex. 2003).
- Ranger Ins. Co. v. American Intern. Speciality Lines Ins. Co., 78 S.W.3d 659 (Tex. App. – Houston [1st Dist.] 2002, no pet. ), appeal of further summary judgment after remand, 2007 Tex. App. LEXIS 3551 (Tex. App.– Houston [14th Dist.] 2007).
- Birmingham Fire Ins. Co. of Pennsylvania v. American Nat. Fire Ins. Co., 947 S.W.2d 592 (Tex. App. – Texarkana 1997, writ denied).
- Hull & Co., Inc. v. Chandler, 889 S.W.2d 513 (Tex. App. – Houston [14th Dist.] 1994, writ denied).
- Barefield v. City of Houston, 846 S.W.2d 399 (Tex. App.– Houston [14th Dist.] 1992, writ denied).
- Murphy v. McDermott Inc., 807 S.W.2d 606 (Tex. App – Houston [14th Dist.] 1991, writ denied).
- Arkwright-Boston Mfrs. Mut. Ins. Co. v. Aries Marine Corp., 932 F.2d 442 (5th Cir. 1991).