Erik Walker

Attorney at Thomas J. Henry Law's Austin Office

Mr. Erik Walker has practiced law for the past 28 years. During this time, he has served as first and second chair in numerous plaintiff and defense trials involving personal injury, patent infringement, bad faith insurance, and medical liens. He has also briefed and argued dozens of appeals to numerous appellate courts including the U.S. Supreme Court; the Federal Courts of Appeals for the Fifth, Eighth, Eleventh, and Federal Circuits; the Texas Supreme Court; and the Texas Courts of Appeals in Austin, San Antonio, Houston, Beaumont, and Amarillo.

Mr. Walker was born in Orlando, Florida and spent his younger childhood in the Houston area. During his teenage and college years, Mr. Walker lived in Huntsville and Birmingham, Alabama and earned a Bachelor’s degree in Economics and Finance from Samford University. He then returned to Texas to attend Baylor University and Baylor Law School where he earned a Master of the Arts and a Doctor of Jurisprudence, respectively. His legal practice has been in Houston and Austin.

Mr. Walker became an attorney because he is highly skilled and talented at argument and wanted to use those assets to fight for victims of corporate greed who needed held navigating our system of justice.

He is Lead Counsel of the Plaintiffs’ Steering Committee of federal multidistrict litigation proceedings over hormone therapy drugs (In re Prempro Prods. Liab. Litig., MDL No. 1507) and oversaw and supervised plaintiff lawyers nationwide representing more than 8,000 breast cancer victims.

Over the course of this decade-long litigation, Mr. Walker briefed and argued virtually every substantive motion, of which there were hundreds. He also briefed and argued every appeal in the litigation to the United States Court of Appeals for the Eighth Circuit. He tried hormone therapy cases to verdicts and settlements, both involving multi-million dollar recoveries for individual plaintiffs.

Mr. Walker also briefed a successful U.S. Supreme Court appeal for Scroggin v. Wyeth and Pfizer, a case which he co-tried from the plaintiff’s side. Mr. Walker and his co-counsel secured a substantial multi-million dollar verdict in trial court, made up largely of punitive damages; however, the defense appealed the trial court order, and the U.S. Court of Appeals for the Eighth Circuit set aside punitive damages awarded in the case ordering a new trial be held on punitive damages only. Ultimately, the Supreme Court denied the defendants’ petition for certiorari review and the case was then settled.

In Fleeger v. Wyeth, Mr. Walker briefed and argued a certified question to the Minnesota Supreme Court. The Court unanimously held that Minnesota courts would apply the state’s six-year negligence statute of limitation to cases involving out-of-state plaintiffs whose claims had no connection to Minnesota. This ruling saved tens of thousands of plaintiff lawsuits nationwide in myriad tort actions.

Mr. Walker has briefed and argued hundreds of other motions to federal and state courts throughout the country. He has also taken and defended hundreds of depositions of scientific, technical, medical, and economic experts, clients, witnesses, and defendants.

Even outside of his work as an attorney, Mr. Walker enjoys the art of debate. He and a colleague were the number one ranked and seeded collegiate debate team in the nation in 1982-83 going into the National Debate Tournament where they advanced to the semifinals. He was also the top-ranked individual speaker at multiple national tournaments.

Mr. Walker then sought to share his love for debate, teaching Public Speaking and Debate at Baylor University, Houston Baptist University, and Samford University at various times in the 1980s. In 1989, he coached the 1989 National Debate Championship team from Baylor University.

PRACTICE AREAS

BAR ADMISSIONS

  • State Bar of Texas

COURT ADMISSIONS

  • U.S. District Court for the Northern District of Texas
  • U.S. District Court for the Eastern District of Texas
  • U.S. District Court for the Western District of Texas
  • U.S. District Court for the Southern District of Texas
  • U.S. Court of Appeals for the Fifth Circuit
  • U.S. Court of Appeals for the Eighth Circuit
  • U.S. Court of Appeals for the Eleventh Circuit

EDUCTION

  • Baylor Law School, Waco, Texas (J.D.)
    • Law Review
    • Board of Advocates
    • Moot Court Champion
  • Baylor University, Waco, Texas (M.A.)
  • Samford University, Birmingham, Alabama (B.A.)

PUBLICATIONS

  • Keep Your Case in State Court, Trial Magazine (American Association of Justice 2004)
  • Defamation Law: Public Figures—Who Are They, Baylor L. Rev. (1993)

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