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BIOGRAPHICAL
SKETCH:
PRESIDENT
Marks, Balette & Giessel,
February 2005 to present;
PRESIDENT
The Marks Firm,
March 1997 - January 2005 ;
PARTNER,
Crowley, Marks & Douglas, January, 1992 to February 1997;
Marks, Crowley & Waltman, October 1990 to December 1991; |
PRIVATE PRACTICE, October
1989 to 1990
SENIOR ATTORNEY,
Office of the Attorney General, State of Texas, Deceptive Trade
Practice Consumer Protection Division, 1986 to September, 1989
CHIEF OF LITIGATION:
Division -- Autumn Hills Corporation and Related Causes of Action/Trial
Proceedings, Office of the Attorney General, State of Texas,
1983 to 1986
SPECIAL PROSECUTOR,
State of Texas v. Autumn Hills Convalescent Center, Inc., et
al, Office of the Attorney General, State of Texas, 1983 to 1986
PROSECUTING ATTORNEY,
Office of the District Attorney, Galveston County, Texas, 1979
to 1982
PRIVATE PRACTICE,
1978 to 1979
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LICENSES:
Admitted to State Bar of Texas, (May 1978)
Admitted to State Bar of Tennessee (October 2006)
Admitted to State Bar of Kentucky (July 2008)
EDUCATION:
South Texas College
of Law, Houston, Texas, J.D. (December 1977)
University of Texas,
Austin, Texas, B.A. (December 1974)
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PROFESSIONAL
CONTRIBUTIONS:
CHAIRMAN: Nursing
Home Litigation Group, Association of Trial Lawyers of America
(1991 to 1994)
EDITOR: Annual
Survey of Nursing Home Verdicts and Settlements, Association
of Trial Lawyers of America, July 1993 and July 1996
DIRECTOR: Texas
Trial Lawyers Association (1997 to present)
ASSOCIATE DIRECTOR: Texas
Trial Lawyers Association
(1992 to 1997)
MEMBER: Sub-Committee
on Nursing Home Regulation and Enforcement (1984 to 1985); Institute
Of Medicine, National Academy Of Science, Washington, D.C.; Medical
Malpractice Committee, Texas Trial Lawyers Association (1992-1994);
Discovery Abuse Committee, Association of Trial Lawyers of America
( 1992-1994)
INVITED FACULTY: American Academy
of Forensic Sciences 41st Annual Proceedings, February 1989; State
Bar of Texas Advanced Medical Malpractice Course, March 1997; Texas
Trial Lawyers Association, Today's Lawyer, May 1998; Southern Methodist
University Medical Liability Seminar, 1994; Southern Medical Association,
To Sue Or Not To Sue, November 1992; National Medicaid Fraud Training
Conference, Trial of a Nursing Home Neglect Case, 1986; State
Bar of Texas Advanced Discovery Course, November 9-10, 1991; Southern
Trial Lawyers of America, Pleading and Discovery Strategies in
the Nursing Home Malpractice Case, 1991; National College of District
Attorneys, Corporate Criminal Liability, 1986; Southern Trial Lawyers
of America, Winter Convention 1990; University of Arkansas School
of Medicine and John L. McClellan Memorial Veterans Hospital; Medical-Legal
Implications of Nutritional Support, Nutrition and Aging III Symposium
September 1987; University of Texas at Austin School of Nursing
September 1987; Texas Tech University School of Nursing 1988; St.
Vincent's Medical Center: Department of Continuing Health Education
August 1987; Sandoz Nutrition Corporation, Clinical Products Division
Symposium.
EXPERT WITNESS: Special
Committee on Aging, United States Senate, Ninety-Eighth Congress,
(1983); Health and Human Resource Committee, Texas House of Representatives
(1996); Human Resource Committee, Texas House of Representatives
(1999)
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PROFESSIONAL
ACTIVITIES:
SPEECHES:
Closing Arguments:
Punitive Damages
Mealey Publications, January 25, 2001
PUBLICATIONS:
Deconstructing A Landmark Resident-on-Resident Abuse Nursing Home Case Against Summit Care Corp., Memphis, Tennessee (October 2006)
Nursing Home Liability,
Bankruptcy -
David Marks, Houston, TX The Marks Firm,
State Bar of Texas, Dallas - Nov. 6, 2002
10 Principles
of Prosecuting a Pressure Sore Case
Oct. 4-6, 2001, ATLA, Phoenix, AZ
Pursuing Abuse
and Neglect Cases Against Chains, Individual Facilities and
Individuals
U.S. DEPARTMENT OF JUSTICE, NURSING HOME ABUSE
AND NEGLECT PREVENTION CONFERENCE, February 23-25,2000
The Parent Corporation:
The Alter Ego Theory and Punitive Damages -
Plaintiff's Perspective Andrews Publications. November 25, 2001
(Fundamentals of Nursing Home Litigation)
Key Areas of Financial Accountability & Compliance
National Citizens Coalition of Nursing Home Reform, October 29,
2001
Investigating and Pursuing Nursing Home
Quality of Care Cases
U.S. DEPARTMENT OF JUSTICE, October 26-27, 1999
Nursing Home Liability: Why The Public Refuses
To
Tolerate Preventable Nursing Home Injury and Neglect
MICHIGAN TRIAL LAWYERS ASSOCIATION,
NURSING HOME LIABILITY SEMINAR, October 14,1999
New Issues in
Litigating Nursing Home Cases
TEXAS TRIAL LAWYERS ASSOCIATION, May 1998
Litigating Old
and New Issues in Nursing Home Cases
ADVANCED MEDICAL MALPRACTICE COURSE,
STATE BAR OF TEXAS, March 13-14, 1997
Neglect in Nursing
Homes, People at Risk
TRIAL MAGAZINE, February 1996
Nursing Home Litigation
Exchange Report
ASSOCIATION OF TRIAL LAWYERS OF AMERICA, (1991-1996)
Nursing Home Neglect
Case
HOUSTON BAR ASSOCIATION, ELDER LAW INSTITUTE, April 1995
Nursing Home Litigation
Exchange Report
ASSOCIATION OF TRIAL LAWYERS OF AMERICA, July 23-27, 1994
Maximizing Recovery
of Actual Damages
ASSOCIATION OF TRIAL LAWYERS OF AMERICA, August 1-5,
1993
To Sue Or Not
To Sue: The Decisional Process of a Lawyer
86TH ANNUAL SCIENTIFIC ASSEMBLY OF
THE SOUTHERN MEDICAL ASSOCIATION, November 12-15, 1992
Damages Voir Dire
in Nursing Home Cases
TEXAS TRIAL LAWYERS ASSOCIATION,
VOIR DIRE SEMINAR, December 5-6, 1991
What the Hearsay
Rule Really Means
STATE BAR OF TEXAS, ADVANCED
EVIDENCE AND DISCOVERY COURSE, November 1991
To Sue or Not
to Sue: Evaluating and Pleading Nursing Home Malpractice Cases
ASSOCIATION OF TRIAL LAWYERS OF AMERICA WINTER CONVENTION REFERENCE
MATERIALS (1991)
Nursing Home Litigation
Exchange -- Litigation Report
ASSOCIATION OF TRIAL LAWYERS OF
AMERICA ANNUAL CONVENTION (1991-1993)
The Missing Link:
The Nexus Between Corporate Policy and Wrongful Death
AMERICAN ACADEMY OF FORENSIC SCIENCES
41ST ANNUAL PROCEEDINGS, February 1989
Pleading and Discovery
Strategies in the Nursing Home Malpractice Case
SOUTHERN TRIAL LAWYERS OF AMERICA WINTER
CONVENTION REFERENCE MATERIALS (1991)
Verdict and Settlement
Expectancy in a Nursing Home Maltreatment Case
ASSOCIATION OF TRIAL LAWYERS OF AMERICA
WINTER CONVENTION REFERENCE MATERIALS (1990)
Medical-Legal
Implications of Nutritional Support, Nutrition and Aging III
Symposium
UNIVERSITY OF ARKANSAS SCHOOL OF MEDICINE AND JOHN L. MCCLELLAN
MEMORIAL VETERANS HOSPITAL, (September 1987)
Identifying and
Attacking Improper Answers to Request for Admissions
STATE BAR OF TEXAS, ADVANCED EVIDENCE AND
DISCOVERY COURSE, November 9 - 10 and November 16 - 17, 1989
Strategies for
Decreasing Legal Risks and Hazards
UNIVERSITY OF TEXAS AT AUSTIN SCHOOL OF NURSING
(September 1987)
A Challenge for
Health Care Professionals: Legal-Medical Issues
TEXAS TECH UNIVERSITY SCHOOL OF NURSING, (1988)
Symposium: The
Physician and Allied Health Providers at Risk
ST. VINCENT'S
MEDICAL CENTER: DEPARTMENT OF CONTINUING HEALTH EDUCATION,
August 1987,July 1987 and October 1986
Accountability
for the Gerontological Nurse: A Legal Doomsday or an
Opportunity for Increased Autonomy?
13 JOURNAL OF GERONTOLOGICAL
NURSING 26 (March, 1987)
Trial of a Nursing
Home Neglect Case
MEDICAID FRAUD SOURCE BOOK, NATIONAL
MEDICAID FRAUD TRAINING CONFERENCE (1986)
Corporate Criminal
Liability
NATIONAL COLLEGE OF DISTRICT ATTORNEYS EXECUTIVE
PROSECUTORS MANUAL (1986)
Utilization
of Analytical Matrix Configurations to Measure Care Potentials: A
System for Evaluating Quality of Care in the Long Term Facility
SPECIAL
COMMITTEE ON AGING, UNITED STATES SENATE NINETY-EIGHTH CONGRESS
(1983)
Quality Assurance
Under Prospective Reimbursement Program
SPECIAL COMMITTEE
ON AGING, UNITED STATES SENATE,
NINETY-EIGHTH CONGRESS, 1983
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