Mark Alan Keene

Senior Shareholder

Although he has chosen law as his calling, Mark hails from a family of accomplished physicians. Drs. Roger and Gladys Keene maintain private practices in Laredo, Texas, and Dr. Gladys also serves as the Dean of the UT Health Science Center’s Laredo Campus. Mark’s twin sister, Marissa, was a board-certified obstetrician and accomplished athlete who was posthumously inducted into the Latin American Sports Hall of Fame in 2010. With medical terminology and concepts coming easy from his upbringing in a family of physicians, Mark has an intense interest in defending healthcare providers in complex medical-malpractice cases.

Mark studied Economics at Washington & Lee University, graduating Magna Cum Laude in 1988. During his studies at the University of Texas School of Law, Mark completed a judicial internship with Hon. Nathan Hecht of the Texas Supreme Court. After graduating with Honors from Law School in 1992, Mark took a position as Law Clerk to the Hon. George P. Kazen, U.S. District Judge for the Southern District of Texas in Laredo. After his year-long clerkship with Judge Kazen, Mark joined C. Dean Davis, and his law firm Davis & Davis, P.C. in 1993. Mark became a shareholder (partner) in the Firm in 1998. The Firm later became Davis Fuller Jackson & Keene in 2009, and now Mark and Robert Seibert, along with Dean Davis, have continued their healthcare-centered law practice at Keene & Seibert.

Mark is known for his keen analysis of legal issues, his laser-like focus on case preparation and his superior courtroom skills. He has an enviable record of trial court victories to his credit, as well as extensive appellate experience in both state and federal courts of appeal. In 2005 and 2007, Mark was selected by his peers as a Texas Super Lawyer, Rising Star, (Thomson Reuters)–an honor reserved for 2.5% of practicing attorneys. Below is a listing of his appellate cases and trial court record.

Mark is a member of the State Bar of Texas and the Austin Bar Association’s Health Law and Appellate Law Sections. He has delivered speeches before the Texas Healthcare Trustees Spring Forum, Emergency Service Partners Conference for Medical Directors and the Institute for Paralegal Education, as well as CLE to the Austin Bar Association’s Health Law Section. When he’s not practicing law, Mark enjoys golf, hunting, and most of all, spending precious days with his daughter, Ava. Mark is a member of the St. John Neumann Catholic Church in Austin.

Appellate Cases:

  • Marsillo v. Dunnick, 683 S.W.3d 387 (Tex. 2024);
  • Randol Mill Pharmacy v. Miller, 465 S.W.3d 612 (Tex. 2015) (Amicus Curiae, Texas Pharmacy Assoc.);
  • Orozco v. Plackis, 757 F.3d 445 (5th Cir. 2014);
  • Citizens Ins. Co. of Am. v. Daccach, 217 S.W.3d 430 (Tex. 2007);
  • Matagorda Cty. Hosp. Dist. v. Burwell, 189 S.W.3d 738 (Tex. 2006);
  • Hospitality House v. Gilbert, 298 F.3d 424 (5th Cir. 2003);
  • Quorum Health Res., LLC v. Maverick Cty Hosp. Dist., 308 F.3d 451 (5th Cir. 2002);
  • Texas Pharmacy Assoc. v. Prudential Ins. Co. of Am., 105 F.3d 1035 (5th Cir. 1997);
  • Brinkley v. Culberson Cty. Hosp. Dist., 95 F.3d 1149 (5th Cir. 1996);
  • In re Briscoe, 448 F.3d 201 (3rd Cir. 2006);
  • Thompson v. King, et al., Case No. 12-06-00059-CV (Tex. App. – Tyler 2007, no pet.);
  • Bradshaw v. Gore, Case No. 10-04-00279-CV (Tex. App. – Waco 2006, pet. denied);
  • O’Neal v. Coldwell, Case No. 13-04-258-CV (Tex. App. – Corpus Christi 2005, pet. denied);
  • Salas v. Wilson Cty Hosp. Dist., 139 S.W.3d 398 (Tex. App. – San Antonio 2004, no pet.);
  • Health Care Centers of Texas, Inc. v. Nolen, 62 S.W.3d 813, (Tex. App. – Waco 2001, no pet);
  • Swate v. Medina Community Hosp., 966 S.W.2d 693 (Tex. App. – San Antonio 1998, no writ);
  • Hernandez v. Calle, 963 S.W.2d 918 (Tex. App. – San Antonio 1998, no writ).

Trial Record:

  • Trumble v. Schleicher Cty. Med. Cntr., Cause No. 2913; 51st Jud. Dist. Ct.- Schleicher Cty. 2011 (alleged negligent monitoring of ER patient with history of seizures) Result: Defense Verdict;
  • Gonzalez v. Garcia, Adv. No. 07-2010-C; U.S. Bankr. Ct.-Corpus Christi 2009 (bankruptcy court jury trial on fraud and breach of contract claims) Result: Defense Verdict;
  • U.S. ex rel. Rose v. East Tex. Med. Cntr. Reg. Healthcare Sys., Case No. 2:05cv216; E.D. Tex. 2008 (70 Million Dollar Qui Tam action complaining of hospital’s participation in Medicaid Upper Payment Limit program) Result: Summary Judgment Dismissal;
  • Cavazos v. Ross, et al., Cause No. 2005-08-4529-G; 404th Jud. Dist. Ct.-Cameron Cty. 2007 (alleged negligence against physician and hospital in administering and monitoring Lithium treatment to patient resulting in death) Result: Defense Verdict;
  • Hughes v. ETMC, Cause No. 04-1804-A; 7th Jud. Dist. Ct.-Smith Cty 2006 (alleged negligent monitoring of rehabilitation patient resulting in fall and injury) Result: Defense Verdict;
  • Burwell v. Matagorda Cty. Hosp Dist., Cause No. 94-J-0782-C; 130th Jud. Dist. Ct.-Matagorda Cty. 2000 (alleged wrongful termination and age discrimination) Result: Plaintiff’s verdict on wrongful termination, reversed and rendered by Texas Supreme Court;
  • Defense verdict on age discrimination; Rogers v. Stedman, Cause No. 20606; 33rd Jud. Dist. Ct.-Burnet Cty. 2003 (alleged negligent treatment and monitoring of cardiac patient leading to myocardial infarction) Result: Defense Verdict;
  • DeLeon v. Melendez, Cause No. C-923-00-F; 332nd Jud. Dist. Ct.-Hidalgo Cty. 2002 (alleged negligence by ER physician in treatment of cardiac patient leading to death) Result: Defense Verdict;
  • Nolen v. Health Care Cntrs. of Tex., Case No. A-154869-A; 58th Judicial Dist. Ct.-Jefferson Cty. 1999 (employee alleged work-related injuries); Result: Plaintiff’s verdict on compensatory damages; exemplary damages reversed on appeal;
  • Kirby v. Health Care Cntrs. of Tex., Cause No. 87-8557; 369th Jud. Dist. Ct.-Anderson Cty. 1998 (alleged negligence by employer caused work place injury to employee); Result: all claims dismissed during trial;
  • Swate v. Medina Comm’ty Hosp., 38th Jud. Dist. Ct.-Medina Cty. 1997 (physician alleged wrongful discharge/fraud against hospital following removal of privileges) Result: Defense Verdict affirmed on appeal;
  • Hendrix v. Culberson Cty Hosp., Case No. 4:96-cv-00071; W.D. Tex. 1997 (alleged negligence in ER management of drug overdose resulting in death) Result: Defense Verdict;
  • U.S. v. El Paso Med. Cntr. Pharmacy, W.D. Tex 1996 (alleged controlled substances act violations in dispensing narcotics) Result: minor monetary fine.