After over 20 years of experience as an appellate lawyer, Kendall now teaches legal writing and ethics at Duke University School of Law.

While in full-time private practice, Kendall was board certified in civil appellate law beginning in 2005 and served two terms on the board certification exam commission. Kendall was selected as a Texas Super Lawyer in appellate law from 2007 through 2018 and was recognized by Benchmark as a “Local Litigation Star” in Texas and the Fifth Circuit.

Kendall has represented clients in appellate matters across the full spectrum of substantive law. He has served as lead counsel and presented oral argument before the US Supreme Court, the US Courts of Appeal for the Fifth, Ninth, Tenth, and Federal Circuits, the Supreme Court of Texas, and the intermediate state appellate courts.

Representative Experience

• Cornerstone Healthcare Grp. Holding, Inc. v. Nautic Mgmt. VI, L.P., 493 S.W.3d 65 (Tex. 2016) (holding that Texas may assert personal jurisdiction over hedge funds that wrongfully acquired Texas assets).
• Aetna Life Ins. Co. v. Methodist Hosps. of Dallas, 640 F. App’x 314 (5th Cir. 2016) (holding that Texas prompt pay penalties do not apply to self-funded ERISA health care plans).
• McGinnes Indus. Maint. Corp. v. Phoenix Ins. Co., 477 S.W.3d 786 (Tex. 2015) (holding that CERCLA proceedings constitute a “suit” for purposes of the duty to defend).
• Dernick Res., Inc. v. Wilstein, 471 S.W.3d 468 (Tex. App.-Houston [1st Dist.] 2015, pet. denied) (upholding fee forfeiture for breach of fiduciary duty in oil and gas joint venture).
• Boeing Co. v. Paxton, 466 S.W.3d 831 (Tex. 2015) (protecting competitively sensitive lease information from disclosure under the Texas Public Information Act).
• Christus Health Gulf Coast v. Aetna, Inc., 397 S.W.3d 651 (Tex. 2013) (HMO and parent corporation not liable for claims left unpaid by intermediary with whom hospitals had contracted).
• Ballard v. Devon Energy Prod. Co., L.P., 678 F.3d 360 (5th Cir. 2012) (construction of Joint Operating Agreement with AMI under Montana Law).
• Ingersoll-Rand Co. v. Valero Energy Corp., 997 S.W.2d 203 (Tex. 1999) (holding that a claim for indemnity of defense costs and attorneys’ fees is not a compulsory counterclaim and is not barred by res judicata).

Bar Admissions

Education
JD, Baylor Law School, summa cum laude, Lead Articles Editor, Baylor Law Review, National Order of Barristers, Mock Trial Team, 1994BMus, University of Wisconsin, with distinction, 1989