Karen Landinger has more than twenty-five years of experience handling complex appellate matters in state and federal courts. Karen’s practice includes the representation of private and public clients in matters of constitutionality, compliance, construction, insurance, contract, product liability, personal injury, medical and pharmaceutical malpractice, general negligence, international law, municipal law, toxic tort, environmental law and business matters. She is licensed in the United States Supreme Court, the Fifth and Sixth Circuit Courts of Appeals as well as in Texas state court and the United States District Court for the Western District of Texas.
As former Deputy Appellate Chief for the El Paso District Attorney’s Office, former Head of Appeals and Senior Appellate Counsel, Karen has briefed and argued hundreds of cases in multiple jurisdictions. Her experience in government and as a lobbyist allows her to help her clients navigate through high-publicity and sensitive matters. Through her extensive and varied experience, Karen has a unique understanding of appellate matters which she brings to the representation of her current clients.
Recognitions & Distinctions
- AV rated by Martindale Hubbell peer review ratings, the highest rating possible.
- Named by her peers as one of San Antonio’s Best Appellate Lawyers in 2012, 2013, 2014, 2015 and 2016 by S.A. Scene Magazine
Memberships & Affiliations
- San Antonio Bar Association: Appellate Section
- State Bar of Texas: Appellate Section and Construction Law Section
- College of the State Bar of Texas
- South Texas MENSA, Vice President
- American MENSA
- Texas Tech University School of Law, Lubbock – J.D. 1993
- University of Texas, Tyler – B.S. 1989
- Supreme Court of the United States of America
- State Bar of Texas
- U.S. Courts of Appeals for the Fifth and Sixth Circuits
- United States District Court for Western District of Texas
- Landinger, Karen (2015, February). Don’t Spoil Your Claim. Construction News Publication, Legal Column.
- Landinger, Karen (2014, October). Architect has no Liability to General Contractor Absent Contract. AGC’s Cornerstone Magazine.
- Landinger, Karen (2014, June). Supreme Court Revitalizes Strength of Forum-Selection Clauses. ABC’s Construction Executive Magazine.
Practice Areas and Casework
- Successfully preserved summary judgment in Fifth Circuit obtaining ruling that homeowners’ construction defect claims against contractor fell within scope of policy’s housing tract exclusion.
- Obtained appellate ruling that insured’s notice to insurance broker did not suffice to notify excess insurer, and excess insurer was prejudiced by insured’s late notice.
- Successfully defended summary judgment on behalf of major retail provider in appellate courts on claims of volitions of the “takings clause” of the State constitution resulting from abutting landowners’ refusal to provide public road access to landlocked parcel.
- Obtained ruling that City ordinance that merged city clerk and municipal court clerk positions did not violate State constitutional separation-of-powers provision; that provision applied to state government, and not to local governments.
- Successfully defended the exclusion of evidence of pre-accident changes in tire defect litigation on appeal on behalf of an internationally recognized foreign tire manufacturer.
- Obtained appellate ruling that that campground did not have a duty to warn campers of rising river waters or ensure that campers were protected against rising river waters.
- Secured affirmation of award of costs to a foreign manufacturing defendant as a “prevailing party” on appeal based on grant to special appearance.
- Successfully obtained appellate ruling that district court had jurisdiction to impose sanctions against attorney, even though attorney was not counsel of record in case before it, based on attorney’s failure to produce or permit inspection of material pursuant to court’s validly issued subpoena.
- Obtained mandamus relief based on trial court’s failure to dismiss physician’s motion to dismiss claims based on inadequacy of expert report.
- Successfully obtained the application of foreign damage law in multi-party wrongful death product liability action brought by foreign plaintiffs, significantly reducing the exposure to a national truck manufacturing company.
- Successfully defended a City Attorney on appeal in a suit brought by city council member obtaining dismissal and attorney’s fees.
- Avoided dismissal of indemnity claims based on express negligence doctrine by obtaining application of the laws of favorable jurisdictions.
- Obtained appellate ruling that a workers’ compensation claim was a “prevailing party” based on non-suit of claims on the eve of the trial.
- Successfully obtained reinstatement of client as CEO of an internationally recognized apparel company, overturning appellate court orders.
- Obtained dismissal of appellate review of summary judgment on behalf of national transportation company for claims brought by wrongly named limited partnership.
- Successfully defended disproportionate division of property on appeal from divorce decree.
- Obtained appellate holding that the City’s notice requirements did not extend the statute of limitations for filing suit.
- Successfully defended ruling on appeal that royalty owners failed to establish the existence of an underlying tort so as to support application of the fraudulent concealment doctrine.