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Emma Perez McKellar

Associate

Emma McKellar represents businesses in high-stakes litigation, with a focus on Legionella and water safety liability, catastrophic injury, wrongful death, and product liability matters in Texas and nationwide.

Overview


  • South Texas College of Law Houston, J.D., 2023, magna cum laude
    • Senior Articles Editor – South Texas Law Review (2022 – 2023)
  • Virginia Military Institute, B.S., 2020, with distinction
  • Texas, 2023
  • U.S. District Court for the Southern, Eastern, Northern, and Western Districts of Texas, 2023
  • U.S. District and Bankruptcy Court for the Southern District of Texas, 2023

Emma is a member of the Firm's Global Water Treatment and Legionella Team, where she advises property owners, hotel operators, water treatment companies, and other businesses on Legionella and water safety liability and defends clients in complex Legionella matters nationwide. Her experience spans the full lifecycle of Legionella disputes, from pre-suit demands and exposure assessments through discovery, dispositive motions, and trial.

Emma has second-chaired wrongful death Legionnaires' disease cases involving allegations of remote exposure, achieving a favorable result for the client. She has also successfully obtained dismissal of a public nuisance action involving Legionella, securing a ruling that Legionella cannot form the basis of a public nuisance claim under the applicable legal framework. In addition, she successfully challenged the admissibility of public health reports offered to link Legionella exposure to a particular property.

Beyond her Legionella practice, Emma handles high-stakes catastrophic injury and wrongful death litigation, including matters that have attracted significant media attention. She has defended motor carriers and logistics companies against allegations involving Federal Motor Carrier Safety Regulations, as well as negligent hiring, entrustment, and retention claims, successfully resolving matters while minimizing client exposure. She also represents national retailers and other businesses in product liability and premises liability litigation.

Emma takes a strategic, practical approach to complex disputes, with an emphasis on early case assessment, development of efficient litigation strategy, and clear, consistent communication with clients throughout the litigation process.

  • Second-chaired a Legionnaires' disease wrongful death case that attracted significant media attention, involving scientifically complex allegations that the decedent was exposed to Legionella bacteria despite never stepping foot on the premises, resulting in a successful outcome for the client.

  • Successfully defended the first public nuisance action arising from Legionella positivity in a remote-exposure setting, significantly narrowing the claims at an early stage.

  • Obtained rulings excluding public health reports as inadmissible hearsay at trial, undercutting the sole evidence offered to connect alleged Legionella exposure to the property at issue.

  • Represented national retailers in product liability matters and resolved all claims through non-liability defenses – including the non-manufacturing seller defense and statute of repose arguments – to eliminate and substantially reduce exposure.

  • Defended a property management company in a catastrophic dog-bite injury case with initial media attention, significantly limiting exposure and resolving the matter on favorable terms.

  • Persuaded potential litigants to dispense with unfounded claims against a property management company, shutting down the dispute before discovery and preventing unnecessary cost.

  • Obtained dismissal with prejudice of Texas Insurance Code § 541.060 claims against an insurance adjuster based on the adjuster's lack of authority to make payment or coverage decisions.

  • Obtained summary judgment rulings on lack of duty owed by a property management company and property owner to a party who claimed they were attacked by a dog, providing early exit from litigation proceedings and expenses associated with defense.

  • Defended a telepharmacy services company in a $1 million wrongful death and medical malpractice lawsuit.

  • President – Phi Delta Phi International Legal Honors Society: Wood Inn

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