The managing partner heading the Austin, Texas, office of Egan, Fitzpatrick, Malsch & Lawrence, Mr. Fitzpatrick is a civil litigator with broad-ranging experience in large, complex nuclear and toxic tort litigation, involving both the civilian nuclear power industry and the Department of Energy’s weapons production complex.
Prior to joining Egan, Fitzpatrick, Malsch & Lawrence in 2001, he was a senior partner in the Texas-based firm of Strasburger & Price, L.L.P., which frequently teamed with the Egan firm, on large nuclear matters. He has also specialized in complex antitrust litigation and in sponsorship of expert witnesses.
Mr. Fitzpatrick represented the City of San Antonio in a multi-year, multi-forum dispute involving construction and operational mismanagement of the $7.5 billion South Texas Nuclear Project, of which San Antonio is a co-owner. The actions in the dispute that he led cumulatively recovered over $400 million for his client. The South Texas litigation involved frequent interaction with the Nuclear Regulatory Commission (including rare depositions of NRC officials), management of millions of pages of technical document discovery, and extensive work with nuclear expert witnesses.
Mr. Fitzpatrick represented the Connecticut Municipal Electric Energy Cooperative in successful litigation relating to the troubled Millstone Nuclear Power Plant, which was shut down by NRC for safety violations. His efforts resulted in a pivotal settlement for the cooperative. He was also involved in resolving legal disputes concerning Kaiser-Hill’s operation of the Department of Energy’s Rocky Flats plutonium production facility in Colorado. More recently, he has represented whistleblowers in large civil fraud cases against Department of Energy contractors.
Mr. Fitzpatrick was born in New York City and attended Fordham University where he received a B.A. degree in 1966 and a M.A. degree in 1968. He received his J.D. degree from St. Mary’s University School of Law in 1975. He is a member of Phi Delta Phi fraternity and the John M. Harlan Society and served as associate editor of the St. Mary’s Law Journal from 1974 to 1975. From 1968 to 1972, he served as an officer in the United States Army.
Mr. Fitzpatrick is admitted to practice in all federal and state courts in Texas, as well as the Courts of Appeals for the Fifth Circuit and the D.C. Circuit, and the U.S. Supreme Court.