Leighton Durham was interviewed by John Council of Texas Lawyer regarding opposing counsel’s unusual motion to dismiss filed in a case in which he and Dean Boyd represent a plaintiff injured when he ran into a cow that escaped from the defendant’s property. Because the owner of the cow is a retired doctor, opposing counsel moved to declare the case a health care liability case and dismiss it for failing to comply with the expert report requirements of the health care liability statute. You can read the Texas Lawyer article and Leighton’s comments here (“How is Hitting A Cow Med Mal“), and you can read the Dallas Court of Appeals opinion denying the opposing counsel mandamus relief here.
You can read about Peter Kelly’s win in Davis v. White on the front page of the January 12, 2015 Texas Lawyer (“Court Reinstates $2.8M Punitive Award“).
KD&P is delighted to report a significant victory earned on December 29, 2014 in the Fort Worth Court of Appeals. In a breach of fiduciary duty case (a lawyer suing his former partner), the jury awarded $2,800,000 in exemplary damages (10 times the actual damages). The trial court applied Texas’s statutory cap and cut the award to $564,000 (2 times the actual damages). On appeal, the Fort Worth court reinstated the full amount when it found that the defendant waived application of the cap. Brad Parker tried a great case in the court below, and it was a privilege to work with him as we vindicated our client’s rights. Firm partner Peter Kelly handled the briefing and oral argument. A Law360 article regarding the case can be found here and a link to the opinion in Davis v. White can be found here.