Rand Nolen - Houston, TX

Rand Nolen is a nationally recognized trial lawyer with more than 30 years of experience representing plaintiffs in complex litigation. Board certified in Personal Injury Trial Law by the Texas Board of Legal Specialization, Rand has taken on some of the largest corporations in the world — including Exxon, Ford, Pfizer, Wyeth, and Sanofi — and has tried cases to verdict in state and federal courts across Texas and throughout the United States.

Over the course of his career, Rand has played key leadership roles in high-stakes mass torts, class actions, and multi-district litigations. He was appointed by federal judges to serve on the Plaintiffs’ Steering Committee in the Taxotere® Products Liability Litigation and as Co-Lead Counsel in the Addicks and Barker Reservoir Flooding litigation, among others. He has successfully represented thousands of clients in cases involving dangerous pharmaceuticals, defective products, toxic chemical releases, and catastrophic personal injuries. His experience includes mass actions related to the Fen-Phen diet drug, Ford-Firestone rollovers, Asbestos, Rezulin™ diabetes drug, Hydroxycut™, Accutane®, Ortho Evra® Contraceptive Patch, Hormone Replacement Therapy, AndroGel® Testosterone Replacement Therapy, Taxotere® permanent hair loss, Inferior Vena Cava filters, and Roundup®.

Rand’s legal expertise extends beyond the trial court. He has argued appeals before the Texas Supreme Court, multiple U.S. Courts of Appeals, and the U.S. Supreme Court. He also lectures nationally on trial strategies, pharmaceutical and medical device litigation, and class actions, sharing insights from decades of experience. Rand is known for explaining the process clearly, setting realistic expectations, and pursuing the best outcome for every client.

His accomplishments have earned him consistent recognition from peers and national publications. Rand has been named to Texas Super Lawyers® every year since 2012 and is listed in Best Lawyers in America® for Personal Injury, Mass Tort, and Product Liability Litigation. He is AV® Preeminent™ rated by Martindale-Hubbell, a Senior Fellow of the Litigation Counsel of America, and an Associate of the American Board of Trial Advocates. He has also been honored by Houstonia Magazine, H Texas Magazine, and The National Trial Lawyers “Top 100.”

A Houston native, Rand graduated from Stephen F. Austin State University and earned his law degree from South Texas College of Law. For three decades, he has dedicated his career to representing individuals and families in high-stakes litigation, building a reputation as one of Texas’s most accomplished trial lawyers. Today, as a Partner at Kherkher Garcia, he continues to bring both skill and experience to his work, driven by a lifelong belief that the law is one of the most powerful ways to create change and help people rebuild their lives.

Notable Trials

• Batson v. Wyeth-Ayerst Laboratories, No. 99CV0306 (Cir. Ct. of Coos County, Oregon) — Verdict $15,042,000. Judgment paid.
• Wirt v. Wyeth-Ayerst Laboratories, No. 99CV0307 (Cir. Ct. of Coos County, Oregon) — Verdict $14,205,000. Judgment paid.
• Mathis, et al. v. Exxon Corporation, Civil Action No. C-99-033 (U.S. District Court, Southern District of Texas, Corpus Christi Division) — Verdict $10,098,150.86, affirmed Mathis v. Exxon Corp., 302 F.3d 448 (5th Cir. 2002). Judgment paid.
• Olsen v. Wyeth, et al., No. 003785 (Court of Common Pleas, Philadelphia County, Pennsylvania) — Verdict $500,000. Confidential settlement after appeal.
• Vega v. Wyeth, et al., No. 003892 (Court of Common Pleas, Philadelphia County, Pennsylvania) — Verdict $5,000,000. Confidential settlement after appeal.
• In re: Taxotere (Docetaxel) Products Liability Litigation, 16-MD-2740: Earnest v. Sanofi U.S. Services, Inc., 16-CV-17144 (U.S. District Court, Eastern District of Louisiana) — First Taxotere MDL trial. Defense verdict, reversed and remanded, Earnest v. Sanofi U.S. Servs., 26 F.4th 256 (5th Cir. 2022). Confidential settlement after remand.
• The Heights Lions Club, Inc. v. Oak Forest Lions Club Youth Stadium, Inc., Cause No. 2020-02883 (55th District Court, Harris County, Texas) — Cy Pres Award of real property, $4,700,000 market value; damages of $62,200; attorney’s fees and expenses of $89,420.56.
• In re Downstream Addicks and Barker (Texas) Flood-Control Reservoirs, Sub-Master Docket No. 17-9002L (U.S. Court of Federal Claims), tried October 2024 (Houston), December 2024 (Washington, D.C.), April 2025 (Washington, D.C.). Awaiting verdict and opinion.

Other Notable Cases

• Lead Counsel, United States of America, ex rel., Gerald Polukoff, M.D. v. St. Mark’s Hospital, et al., CA 2:16-cv-00304 (U.S. District Court, District of Utah) — $10,810,000 settlement.
• Firm team leader, pharmaceutical litigation spanning nine years for approximately 9,000 clients — total verdicts and settlements of $997.5 million.
• Firm team leader, In Re: Bogalusa Chemical Release, No. 251-96-CIV (Circuit Court, First Judicial District, Hinds County, Mississippi) — Nitrogen Tetroxide release litigation for 1,111 clients, resolved through 9 separate settlements over 22 years.
• Firm team leader, Ford rollover and Ford/Firestone rollover litigation — 149 clients settled across multiple state jurisdictions over six years.
• Lead Counsel, medical negligence death case (Third Judicial District Court, Salt Lake County, Utah) — confidential settlements totaling $5,250,000.
• Lead Counsel, medical negligence and fraud cases against Sherman Sorensen, M.D., Sorensen Cardiovascular Group, and IHC Health Services, Inc. (Third Judicial District Court, Salt Lake City, Utah) — settlements for 997 plaintiffs.
• Lead Counsel, pharmaceutical drug case (Jefferson Circuit Court, Louisville, Kentucky) — confidential settlements totaling $2,200,000.
• Lead Counsel, bad faith case (Third Judicial District Court, Summit County, Utah) — confidential settlement of $1,500,000.
• Lead Counsel, premises liability case against multiple defendants (345th District Court, Travis County, Texas) — confidential settlements totaling $900,000.
• Lead Counsel for more than 500 female medical device plaintiffs who sustained gynecological injuries — confidential settlements exceeding $25,000,000.

Appointed Counsel

• Co-Lead Counsel, In re Downstream Addicks and Barker (Texas) Flood-Control Reservoirs, Sub-Master Docket No. 17-9002L (U.S. Court of Federal Claims). Appointed by Chief Judge Susan G. Braden, December 5, 2017; reappointed by Senior Judge Loren A. Smith, September 28, 2022.
• Plaintiffs Steering Committee, In Re: Taxotere (Docetaxel) Products Liability Litigation, MDL No. 2740 (U.S. District Court, Eastern District of Louisiana). Appointed by Judge Kurt D. Engelhardt, November 17, 2016; reappointed by Judge Jane Triche Milazzo, November 10, 2020.

Class Counsel

• Harry Snowden, et al. v. Farmers Insurance Company, Inc., Cause No. CIV-2000 (Circuit Court, Faulkner County, Arkansas, July 2009).
• Royce Yarbrough, et al. v. ConocoPhillips Company, et al., Cause No. 99-DCV-107968 (268th Judicial District, Fort Bend County, Texas).

Appellate & Reported Cases

• Assicurazioni Generali, S.p.A. v. Ranger Ins. Co., 64 F.3d 979 (5th Cir. 1995)
• AIU Ins. Co. v. Mallay Corp., 928 F. Supp. 407 (S.D. Tex. 1996), aff’d 116 F.3d 1478 (1997) (Argued)
• Ackerman v. Northwestern Mut. Life Ins. Co., 172 F.3d 467 (7th Cir. 1999), cert. denied, 528 U.S. 874 (1999) (Argued)
• Park v. Larison, 28 S.W.3d 106 (Tex. App. — Texarkana 2000, no pet.) (Argued)
• Keystone Aerial Surveys, Inc. v. Pennsylvania Property & Cas. Ins. Guar. Ass’n, 777 A.2d 84 (Pa. Super. Ct. 2001) (Argued), aff’d 574 Pa. 147, 829 A.2d 297 (Pa. 2003) (Argued)
• Mathis v. Exxon Corp., 302 F.3d 448 (5th Cir. 2002)
• Mercado v. Warner-Lambert Co., 106 S.W.3d 393 (Tex. App. — Houston [1st Dist.] 2003, pet. denied)
• In re Smart, 103 S.W.3d 515 (Tex. App. — San Antonio 2003)
• In re Diet Drugs (Phentermine, Fenfluramine, Dexfenfluramine) Products Liability Litigation, 369 F.3d 293 (3rd Cir. 2004)
• In re Diet Drugs (Phentermine, Fenfluramine, Dexfenfluramine) Products Liability Litigation, 385 F.3d 386 (3rd Cir. 2004)
• Cornejo-Ortega v. U.S., 61 Fed. Cl. 371 (July 23, 2004); In re Diet Drugs (Phentermine, Fenfluramine, Dexfenfluramine) Products Liability Litigation, 401 F.3d 143 (3rd Cir. 2005)
• Pare v. Wyeth, Inc., 870 A.2d 378 (Pa. Super. Ct. 2005)
• Trutec Oil and Gas, Inc. v. Western Atlas Intern., Inc., 194 S.W.3d 580 (Tex. App. — Houston [14th Dist.] 2006, no pet.)
• Hauschildt v. Central Freight Lines, Inc., 2011 WL 455264 (Tex. App. — Waco 2011, pet. denied)
• Harris v. Houston Livestock Show & Rodeo, Inc., 365 S.W.3d 28 (Tex. App. — Houston [1st Dist.] 2011, pet. denied)
• In re ConocoPhillips Co., No. 14-11-01004-CV, 2012 WL 214147 (Tex. App. — Houston [14th Dist.] Jan. 24, 2012), dism’d as moot, Phillips Petroleum Co. v. Yarbrough, 405 S.W.3d 70 (Tex. 2013)
• Phillips Petroleum Company, et al. v. Royce Yarbrough, No. 14-11-00944, 2012 WL 195608 (Tex. App. — Houston [14th Dist.] Jan. 24, 2012), rev’d, Phillips Petroleum Co. v. Yarbrough, 405 S.W.3d 70 (Tex. 2013) (Argued)
• Clark v. ConocoPhillips Co., 465 S.W.3d 720 (Tex. App. — Houston [14th Dist.] 2015, no pet.) (Argued)
• Brenham Oil & Gas, Inc. v. TGS-NOPEC Geophysical Co., 472 S.W.3d 744 (Tex. App. — Houston [1st Dist.] 2015, no pet.) (Argued)
• Auto-Owners Ins. Co. v. Fleming, 701 F. App’x 738 (10th Cir. 2017) (Argued)
• United States ex rel. Polukoff v. St. Mark’s Hosp., 895 F.3d 730 (10th Cir. 2018)
• Burrell v. Bayer Corp., 918 F.3d 372 (4th Cir. 2019)
• Sorensen v. Polukoff, 784 F. App’x 572 (10th Cir. 2019)
• Bright v. Sorensen, 2020 UT 18, 463 P.3d 626
• Milton v. United States, 36 F.4th 1154 (Fed. Cir. 2022)
• In re 21st Century Painting & Roofing, LLC, 2023 WL 6627853 (Tex. App. — Austin Oct. 12, 2023)
• Pentair Residential Filtration, LLC v. Belsome, et al., 2024 WL 3995436 (Tex. App. — Houston [1st Dist.] Aug. 30, 2024) (Argued)
• Verela v. Zavala Plus, LLC, 2024 WL 4533119 (Tex. App. — Dallas Oct. 21, 2024)