Allison Texter

Partner / Wilmington, DE

ALLISON TEXTER, partner in the Wilmington, Delaware office, has more than 20 years of litigation experience independently appearing before all of Delaware’s state and federal courts in pursuit of her clients’ best interests. Ms. Texter focuses her practice on advising and representing clients in product-liability litigation, insurance defense and general liability matters.

Swartz Campbell’s Wilmington office presently represents over 100 clients as defendants in asbestos-related lawsuits – more than any other Delaware firm – and has been trial counsel in six of the last eight asbestos cases that have gone to trial since the mid-2000s. Ms. Texter serves as Delaware trial counsel representing clients in all phases of asbestos litigation including, but not limited to: industrial equipment manufacturers; raw materials suppliers; construction sub-contractors; premises owners; employers; automotive/truck manufacturers, and; intermediate vendors. Ms. Texter’s experience includes: the taking and defending depositions of plaintiffs, fact witnesses, experts and corporate representatives; discovery litigation including protective orders and limiting motions practice; dispositive motions practice involving briefing and personal appearance before the Special Master, State Court, Supreme Court, and District Court for the District of Delaware, as well as; lead trial counsel and assistant trial counsel for the aforementioned asbestos related law suits.

Notable Asbestos Representation

  • Trial Representation
  • See, In Re Asbestos Litigation: Thomas Stephenson and Barbara Stephenson Limited to: Cleaver Brooks, Inc., C.A. No. N.10C-07-145ASB, Del. Superior Court, Parkins, J., Memorandum Opinion, May 2, 2013. Independently prepared all pre-trial pleadings and Motions including Motion for Summary Judgment. Obtained summary judgment on the eve of trial during pre-trial conference based on Ohio’s Statute of Repose as applicable to improvements to real property.

  • Discovery Litigation
  • Successfully limited discovery including corporate representative depositions and document production based on the rule of proportionality and local discovery procedures:

    In Re Asbestos Litigation: Limited to John W. Walls, Jr., C.A. No. 14C-01-057 ASB. On plaintiffs’ Second Motion to Compel a Rule 30(b)(6) Motion of the Gates Corporation, plaintiff’s Motion Denied.

    In Re Asbestos Litigation: Limited to Corey Stewart,1 C.A. No. N11C-06-053 ASB. On Defendant McNeil & NRM INC., f/k/a McNeil Akron, INC.’s Motion to Quash and/or for Protective Order to Stay Discovery, Granted.

  • State Court Opinions
  • Authored and argued multiple successful Motions for Summary Judgment based on product identification, nexus, third party product liability theories, and applicable Statutes of Repose under various states’ asbestos laws.

    John B. Sullivan, Jr. v. General Electric Co., et al., C.A. No. 14C-03-025, Del. Superior Court, Scott, J., Memorandum Opinion, January 6, 2016.

    In Re Asbestos Litigation: Michael Jamessson; C.A. No. 12C-03-149ASB, Del. Superior Court, Wallace, J., Memorandum Opinion, August 21, 2014.

  • District Court Opinions
  • Authored and argued multiple successful Motions for Summary Judgment based on product identification, nexus, government contractor defense, and bare metal defense under Maritime and select states’ asbestos laws.

    Mitchell v. Atwood & Morill Co., Civil Action No. 15-958-SLR-SRF, 2016 U.S. Dist. LEXIS 126044, at *1 (D. Del. Sep. 16, 2016. ) Adopted by, Summary judgment granted by Mitchell v. Atwood & Morill Co., 2017 U.S. Dist. LEXIS 2692 (D. Del., Jan. 9, 2017)

    Malone v. Air & Liquid Sys. Corp., Civil Action No. 14-406-GMS-SRF, 2016 U.S. Dist. LEXIS 115376 (D. Del. Aug. 29, 2016). Adopted by, Summary judgment granted by, Judgment entered by, in part Malone v. Air & Liquid Sys. Corp., No. 14-cv-406 (GMS-SRF), 2016 U.S. Dist. LEXIS 129351 (D. Del. Sep. 22, 2016)

    Dumas v. ABB Grp., Inc. (In re Asbestos Litig.), Civil Action No. 13-229-SLR-SRF, 2015 U.S. Dist. LEXIS 137291 (D. Del. Sep. 30, 2015) Adopted by, Objection overruled by, Summary judgment granted by, Summary judgment denied by Dumas v. ABB Grp., Inc. (In re Asbestos Litig.), Civil Action No. 13-229-GMS, 2016 U.S. Dist. LEXIS 11805 (D. Del. Jan. 26, 2016)

    In recent non-asbestos litigation, Ms. Texter successfully defended and resolved numerous auto accident liability claims to the benefit of her clients, defended a Food Spice supply company from suit for breach of contract in Delaware through a Motion to Dismiss for Lack of Personal Jurisdiction, defended an entertainment establishment at trial from a patron’s personal injury claim resulting from the assault by a third party reducing her clients’ liability by 45%, defended a local day care in a licensing action preserving the owners’ license and business operations, and voluntarily assisted in the representation of an indigent father in his custody dispute as to his four year old son ultimately allowing for their re-unification.

    Before joining Swartz Campbell, Ms. Texter served as a Deputy Attorney General for the Delaware Department of Justice prosecuting the most serious felony matters, including homicides and sexual offenses. Her work in this area earned her promotion to the Assistant Unit Head of the Misdemeanor Trial Unit then appointment as Unit Head of the Sex Crimes Unit in the Criminal Division. Ms. Texter also had the opportunity with the Delaware Department of Justice to defend the agencies of the State in civil litigation.

    Ms. Texter received her Juris Doctor from the Widener University School of Law where her distinctions include membership in the Moe Levine Trial Advocacy Honor Society and the Moot Court Honor Society. She received her Bachelor of Arts degree with a major in Economics from Columbia College of Columbia University in New York City.

    Ms. Texter is a member of the Delaware State Bar Association and is admitted to practice in the Supreme Court of Delaware and in the United States District Court for the District of Delaware.

    Areas of Practice

    • Asbestos
    • Insurance Litigation
    • General Defense Litigation

    Bar Admissions

    • 1996 Delaware

    Education

    • 1996 Widener University School of Law, Wilmington, DE J.D.
    • 1992 Columbia University, New York, NY B.A., Economics

    Court Admissions

    • 1997 United States District Court of Delaware
    • 1997 United States Court of Appeals- Third Circuit

    CONTACT Allison Texter / (302) 656-5935 (phone) / (302) 656-1434 (fax)