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Eric M. Brittain

Eric brittain JSS_0964


Phone 915-545-4900

Fax 915-545-4911

Email: brittain@windlehood.com


Mr. Brittain was born and raised in Houston, Texas. After graduating from St. Thomas High School in Houston he attended the University of Texas at Austin graduating with a B.A. in History. He then attended Texas Tech University School of Law in Lubbock, Texas where he graduated with highest honors receiving American Jurisprudence Awards in Contracts, Non-Judicial Process, Legal Analysis, Insurance Law and Family Law. While in law school, Mr. Brittain was named a member of Phi Delta Phi and to the Order of the Coif. In addition, Mr. Brittain was a member and a Note Editor for the Texas Tech Law Review and was also selected for publication in that journal. He received a number of academic honors and scholarships and graduated near the top of his class.

Upon graduation in 1992, Mr. Brittain moved to El Paso Texas and began work with Scott & Hulse where he was elevated to Senior Partner. In September of 2007 he and five of his partners started the litigation boutique firm of Windle Hood Norton Brittain & Jay, LLP. The firm has a combined 140 plus years of litigation experience. Eric is actively involved in the community with a particular emphasis on children’s charities and education. In addition Mr. Brittain has volunteered time on ProAction’s Board of Directors; El Paso Independent School District H.O.S.T.S. program; and as a current volunteer and past chairman of the El Paso Bar Association High School Speakers Program. Mr. Brittain concentrates on complex commercial, construction, premises and apartment owner liability, products liability defense and defending governmental entities. In addition, he is a frequent speaker on these and other topics. He has also written numerous articles and made presentations to the State Bar of Texas, the Texas Association of Defense Counsel, the Texas Association of Legal Secretaries and numerous legal assistant associations. Mr. Brittain is licensed to practice in state and federal courts in Texas and New Mexico. In addition, he is licensed before the United States Court of Appeals for the Fifth Circuit and the United States Supreme Court. He was also appointed by the United States District Court for the Western District of Texas El Paso Division to the Merit Selection Panel for the United States Magistrate.


  • Commercial Litigation
  • Products Liability Law
  • Bad Faith Litigation
  • Toxic Torts
  • Municipal Civil Rights
  • Municipal Liability Defense
  • Premises Liability and Apartment Liability Litigation
  • Employment Litigation


  • Texas, 1992
  • New Mexico, 1999
  • U.S. District Court Western District of Texas, 1993
  • U.S. District Court Northern District of Texas, 1993
  • U.S. District Court District of New Mexico, 1999
  • U.S. Court of Appeals 5th Circuit, 1994
  • U.S. Supreme Court, 1999


  • Texas Tech University School of Law, Lubbock, Texas, 1992 J.D.
  • Honors: Summa Cum Laude
  • Honors: Order of the Coif
  • Law Review: Texas Tech University Law Review, Note Editor
  • University of Texas, 1989 B.A.


“The Period of Limitations on a First-Party Breach of the Duty of Good Faith and Fair Dealing Claim Commences with Denial of Coverage”, Texas Tech Law Review, 22 Tex. Tech L.Rev. 1257, 1991

“Notice Requirements under the Federal and Texas Tort Claims Acts”, State Bar of Texas Suing and Defending Governmental Entities Course, 2001

“Procedure Update”, (with James L. Gallagher), Texas Association of Defense Counsel, 1996

First Party Duty of Good Faith & Fair Dealing, An Update (with James L. Gallagher), Texas Association of Defense Counsel, 1994

Emerging Trends in Products & Premises Liability, Texas Association of Legal Secretaries, 2001

Defending Governmental Entities, Texas Association of Defense Counsel, 2007


  • Burroughs Wellcome v. Crye, 907 S.W.2d 497 (Tex. 1995)
  • Republic Ins. Co v. Stoker, 903 S.W.2d 338 (Tex. 1995)


  • Super Lawyer, 2006 – Present
  • Rising Star Super Lawyer, 2005


  • El Paso Bar Association Member
  • American Bar Association Member
  • State Bar of Texas Member
  • State Bar of New Mexico Member
  • College of the State Bar of Texas Member
  • El Paso Young Lawyers Association Member
  • Texas Association of Defense Counsel Member
  • Defense Research Institute Member
  • New Mexico Defense Lawyers Association Member


Phi Kappa Phi

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