Mark Callender

Biography

Mark graduated from Texas A&M University with a degree in Political Science.  He went on to South Texas College of Law, graduating as Valedictorian.  While there, he served as Editor-in-Chief of the South Texas Law Review and was a National Moot Court Champion.

Mark began his legal career at Vinson & Elkins, LLP in 2002 with a focus on trial work.  While at Vinson & Elkins, Mark handled complex commercial litigation, products liability, and business litigation cases.  In 2009, Mark co-founded Serpe, Jones, Andrews, Callender & Bell, PLLC where he continued his Texas trial practice.  He added his New Mexico trial practice in 2010, which includes residential and commercial property damage claims, medical malpractice and other personal injury litigation.  In 2022, Mark joined Josh Bowlin and co-founded CB Trial.  Additionally, Mark added a Colorado trial practice in 2022 and is actively handling cases in Texas, New Mexico and Colorado.

Mark is a highly recognized trial lawyer with over 20 years of experience.  He continues to specialize in personal injury and complex commercial litigation.  He has handled lawsuits in state and federal courts in Texas and New Mexico and appeals before Texas state appellate courts and the United States Court of Appeals for the Fifth Circuit.  His litigation expertise has earned Mark recognition as a “Super Lawyers, Texas Rising Star” in Texas Monthly magazine and as a “Professional on the Fast Track” in H Texas magazine.

Significant Cases

Personal Injury Litigation

• Lead counsel for large trucking litigation docket of over 40 cases spread across the state of Texas; handled all aspects of trucking litigation from accident investigation through trial.
• Represented multiple clients in personal injury cases arising from commercial construction projects.
• Represented multiple clients in personal injury cases arising from premises liability allegations; handled these cases from initial investigation of premises through trial and appellate courts, including a recent win at the Texas Supreme Court.

Medical Malpractice Litigation

• Represented hospitals and physicians in broad range of medical malpractice cases, including alleged failure to diagnose, negligent surgeries, brain-damaged baby, and wrongful death cases.
• Obtained a unanimous jury verdict on behalf of Texas hospital after a four-week trial in a case where the plaintiff lost half of his arm and alleged negligence against the hospital.
• Represented a Texas hospital in a quadruple amputee case in which the plaintiff alleged the nursing staff overdosed the patient on norepinephrine during efforts to save the patient’s life; reached favorable settlement shortly before trial.
• Represented a New Mexico hospital in a wrongful death case involving a baby who died due to an alleged failure to diagnose uterine abruption; obtained favorable settlement after pretrial hearings and jury selection.

Commercial Litigation

• Represented a midstream oil and gas company that faced forfeiture of its pipeline for an alleged breach of contract; successfully obtained an injunction prohibiting the forfeiture, compelled arbitration and resolved the case on terms favorable to our client, including no forfeiture of its pipeline.
• Represented a privately held E&P company in various matters arising from breach of duties to investors and lessees.
• Represented a large independent oil and gas producer in a False Claims Act (Qui Tam) lawsuit in the Eastern District of Texas relating to natural gas royalties.
• Represented a national E&P company in an arbitration before the American Arbitration Association; the case settled on terms very favorable to the client prior to arbitration.
• Defended a large independent oil and gas producer from claims of breach of contract arising under a Joint Operating Agreement.
• Defended an international energy company in environmental litigation matter involving simultaneous federal criminal investigation, state civil litigation, and Congressional inquiries and hearings.

Construction Litigation

• Represented an international engineering, procurement and construction contractor in lawsuit arising from construction work performed as part of a refinery renovation.
• Represented large manufacturer of inner-seal siding used in home construction; several cases settled prior to trial on terms favorable to the client and one case tried to a favorable verdict.
• Represented commercial general contractors and subcontractors in cases alleging negligent construction.
• Represented a large custom home builder in Houston in numerous cases arising from alleged breach of contract, delay claims and negligent construction.

Business Litigation

• Represented numerous businesses in breach of contract, breach of warranty, deceptive trade practices, fraud, and other business litigation claims.
• Handled multiple business divorce cases on behalf of plaintiff and defendant, including prosecuting and defending against allegations of fraud and breach of fiduciary duty.

Products Liability Litigation

• Defended international tire manufacturer in Texas state and federal court in multi-district litigation comprising numerous automobile and tire product liability cases.
• Represented international pharmaceutical manufacturer in complex pharmaceutical product liability litigation; member of national liability defense team and numerous trial teams defending these cases in Texas state and federal courts.