- Areas of Practice
- Significant Victories
- Publications & Presentations
Congratulations to DP&S’s Santa Fe partner, Caren Friedman, who presented argument on behalf of the Appellant in the New Mexico Supreme Court on January 15, 2021. The case is a direct appeal to the Supreme Court under the New Mexico Constitution because the Appellant was sentenced to life imprisonment. Caren argued for the reversal of […]
Congratulations to Rick Thompson who, along with co-counsel Matthew Butler, successfully defeated an effort by a solid waste operator to challenge to Westlake’s authority to impose a license fee on all commercial solid waste operators within the town. You can read Rick and Matthew’s briefing here, and the Fort Worth Court of Appeals opinion here. […]
Congratulations to Tammy Holt, who–on a motion for rehearing–convinced a panel of the Dallas Court of Appeals to reverse itself and award Plaintiffs the total damages ($1,070,050) awarded by jury, rather than a drastically reduced amount ($200,000) based on the amount originally pled. Rejecting its original position that the Plaintiffs’ attempt to amend its petition […]
Congratulations to DP&S associate, Lana Beverly, who along with trial counsel Steve Laird and Seth McCloskey, successfully defeated State Farm’s mandamus petition in the Fort Worth Court of Appeals. Lana convinced the court of appeals that the trial court was correct when it allowed discovery to be conducted regarding State Farm’s claims-handling process and procedures […]
Congratulations to DP&S partner, Caren Friedman, who prevailed before the New Mexico Supreme Court! Caren represented individuals whose appeal was dismissed by the New Mexico Court of Appeals as untimely. Caren successfully convinced the New Mexico Supreme Court to reinstate Plaintiffs’ appeal. The Supreme Court held that the Court of Appeals improperly gave “greater weight […]
Congratulations to DP&S’s Santa Fe Partner, Caren Friedman, who was named a Southwest (New Mexico and Arizona) “Super Lawyer” in the Appellate category for 2020. This is Caren’s 14th year to be included on this list, and she is one of only five New Mexico attorneys to be included in the Appellate category.
Congratulations to DP&S’s New Mexico partner, Caren Friedman, on her victory in the New Mexico Court of Appeals in a domestic relations appeal. The Court of Appeals unanimously affirmed the district court’s method of calculating the community’s interest in Husband’s retirement benefits and valuing Wife’s share. The Court of Appeals also affirmed the district court’s […]
DP&S is pleased to announce that, once again, its Dallas partners Kirk Pittard, Leighton Durham, Thad Spalding, and Rick Thompson have been named “Super Lawyers” in the Appellate category by Super Lawyers Magazine, a Thomson Reuters publication, for 2020. Kirk was also named, once again, to the “Top 100” list for Dallas/Fort Worth and–for the […]
Congratulations to Dana Levy who successfully convinced the Dallas Court of Appeals to reinstate a medical malpractice case that had been dismissed. On appeal, Dana convinced the court that a cardiologist with hospital administration experience was qualified to opine as to a hospital’s policies and procedures for providing cardiac care. You can read Dana’s briefing […]
Congratulations to Tammy Holt and trial counsel, Rey Perez, who won an appeal in the San Antonio Court of Appeals this week. The interlocutory appeal was filed by a private entity who contracted with a governmental entity to manage a nursing home. Claiming derivative sovereign immunity, the private entity tried to claim that it could […]
Congratulations to Santa Fe Partner, Caren Friedman, who presented argument on behalf of the Petitioners in the New Mexico Supreme Court on September 16, 2020. The case involved the death of the Petitioners’ 20-year-old daughter when the airbag system in her Ford Ranger truck failed to deploy. To pile tragedy upon tragedy, after years of […]
Congratulations to Dallas partners Kirk Pittard and Rick Thompson who have been, once again, named “Best Lawyers” in the Appellate Practice category by The Best Lawyers in America for 2020. You can see Kirk and Rick’s listing here.
Congratulations to Lana Beverly who won an appeal in front of Houston’s First Court of Appeals this week. The case involved a facility for young people with disabilities in which the Defendants filed a second Ch. 74 motion to dismiss claiming the case was a medical malpractice case and required an expert report. Given that […]
Congratulations to firm client Parker Waichman LLP on securing a denial of a motion to dismiss filed by Defendant Novartis Pharmaceuticals Corp. in a case pending in the District of New Mexico alleging that Novartis hid serious side effects of its blood cancer drug Tasigna. Novartis argued that the plaintiff failed to allege the exact […]
Congratulations to Thad Spalding who, along with Kevin Parker, Richard LaGarde, and Manfred Sternberg, was successful in convincing the Texas Supreme Court to deny immunity to GTECH, a private contractor hired by the Texas Lottery Commission to design and manufacture instant scratch-off tickets. You can see the Nettles briefing and argument here and here, and […]
Congratulations to Dana Levy on her successful defense of medical malpractice expert reports before Houston’s Fourteenth Court of Appeals. The court of appeals affirmed the trial court’s denial of Chapter 74 motions to dismiss filed by various health care providers, finding that the challenged experts were qualified and that their reports satisfied Chapter 74’s gate-keeping […]
Congratulations to Dany Levy, DP&S’s newest partner! Dana joined the firm in 2017 as Of Counsel and, since January 2019, has headed up the firm’s Houston office. We are proud of all that Dana has accomplished and look forward to many more successes.
Congratulations to Tammy Holt and Thad Spalding who, along with trial counsel Kenneth Chaiken, successfully reversed a summary judgment in a dispute over the terms and requirements of a Cross Purchase Agreement, and whether that agreement required remaining shareholders in a closely-held corporation to purchase their client, a retiring shareholder’s shares. The Court of Appeals […]
Congratulations to DP&S attorney Tammy Holt who successfully reversed a summary judgment granted against the plaintiff in a dog bite case! Tammy successfully convinced the court of appeals that the plaintiff’s claims of strict liability, negligent handling, and gross negligence were supported by deposition testimony that dog was “leery” around strangers, prone to nip at […]
Congratulations to Kirk Pittard and Thad Spalding who have been named “best lawyers” by D Magazine in the Appellate category for 2020.
Congratulations to Dana Levy who successfully defended a $500,000 default judgment in Houston’s Fourteenth Court of Appeals! Dana prevailed by arguing that the defendant’s 2019 appeal of a 2015 default judgment was untimely. The court of appeals agreed, rejecting the defendants’ argument that the default judgment was interlocutory because an unserved defendant was never nonsuited. […]
DP&S, for the fourth year in a row, proudly sponsored the Ultimate Writer Program at Baylor Law School. Students compete not only for a cash prize, but also the opportunity to interview for a possible internship with our firm. Congratulations to this year’s winner, Christina Rosendahl, second place contestant, William de los Santos, and third […]
Congratulations to Dana Levy, and trial counsel Jason Stephens, on successfully defeating a mandamus petition filed in the Dallas Court of Appeals, seeking relief from the trial court’s striking of a responsible third party designation. The defendant, an owner of a gas facility where our client was injured, tried to designate and assign blame to […]
DP&S is proud to announce the addition of Caren I. Friedman as a partner in the firm’s Santa Fe office. After serving as a judicial clerk in the Tenth Circuit, and later specializing in appellate practice, Caren has garnered a reputation as one of New Mexico’s top appellate attorneys. Caren joins colleagues Justin Kaufman and […]
Congratulations to Dana Levy, who won an important medical malpractice case in the Texas Supreme Court! Dana successfully overturned a court of appeals holding that would have required a party to produce an expert report simply for purposes of seeking discovery from a nonparty physician. The Texas Supreme Court held in In re Turner that […]
DP&S associate, Jessica Foster, presented argument Thursday in the Texas Supreme Court in Cherlyn Bethel, et al. v. Quilling, Selander, Lownds, Winslett & Moser, P.C., a case that presents important issues regarding the scope of Rule 91a, a relatively new early-dismissal procedural rule, and attorney immunity, in a case that involves the destruction of crucial evidence. […]
Congratulations to DP&S partner, Kirk Pittard, along with a trial team that included Steve Laird, Seth McCloskey, Tim Brandenburg, and Pete Kestner, who, after a two-week trial, secured a $12.5 million settlement in an 18-wheeler-motorcycle collision case in Rockwall County. The collision occurred when the plaintiff, who was alleged to be going 60 m.p.h. in […]
Congratulations to David Harris, Craig Sico, and Louie Cook of Sico Hoelscher Harris LLP on a $40.5 million verdict in a wrongful death trucking case in Santa Fe County against Werner Enterprises. DP&S’s Justin Kaufman and Rosalind Bienvenu assisted on the trial team through the course of the 2-week trial. The jury found Werner, one […]
DP&S partner, Kirk Pittard, recently wrote a law review article that has been published in the Summer 2019 edition of the Texas Tech Law Review concerning the recovery of medical expenses under Texas Civil Practice & Remedies Code § 41.0105 subsequent to the 2003 Tort Reform legislation. See Recovery of Medical Expenses Under Texas Civil Practice […]
DP&S is proud to announce that, on September 30, 2019, Lana Beverly joined its Dallas office. Lana brings significant appellate and litigation experience, coming from a litigation boutique that specialized in catastrophic personal injury and wrongful death matters in addition to complex commercial litigation cases. Lana received her B.A., with distinction, from the University of North […]
For the second day in a row, DP&S was proud to represent clients before the Texas Supreme Court. Dana Levy presented argument in In re Comaneche Turner, a case dealing with whether the deposition of a non-party doctor in a medical malpractice case still requires an expert report as a mandatory prerequisite, as if the non-party […]
Kirk Pittard presented argument this morning in LaDonna Degan, et al. v. Dallas Police and Fire Pension System Board of Trustees, a case certified to the Texas Supreme Court from the Fifth Circuit Court of Appeals to answer whether certain changes made to the pensioners’ ability to withdraw money from their own accounts violate the […]
Congratulations to Dallas partners Kirk Pittard, Leighton Durham, Thad Spalding, and Rick Thompson for being named “Super Lawyers” once again in the Appellate category by Super Lawyers Magazine, a Thomson Reuters publication, for 2019. Kirk was also named to the “Top 100” list for Dallas/Fort Worth.
Congratulations to DP&S partners Kirk Pittard and Rick Thompson who were recently named “Best Lawyers in America” in Appellate Practice by Best Lawyers magazine. You can see Kirk and Rick’s listing here.
Congratulations to DP&S attorney, Dana Levy, who successfully defended a jury verdict in Houston’s First Court of Appeals! In addition to rejecting the defendant’s many challenges to the jury’s causation and damage findings, Dana also convinced the court of appeals to reject an evidentiary argument regarding the improper admission of liability insurance. You can see […]
Congratulations to Rick Thompson who won an important insurance appraisal case in the Texas Supreme Court. The case, Barbara Techs. Corp. v. State Farm Lloyds, No. 17-0640, 2019 WL 2710089 (Tex. June 28, 2019), involved hail damage to a business and the appraisal provision in the business’s insurance policy, which is designed to provide the […]
Congratulations to Kirk Pittard for his win in The Univ. of Tex. M.D. Anderson Cancer Ctr. v. McKenzie, No. 17-0730, 2019 WL 2710037 (Tex. June 28, 2019). The case involved medical malpractice under the Texas Tort Claims Act and whether a public hospital’s immunity from suit is waived if a negligent decision is coupled with […]
Congratulations to DP&S associate, Morgan McPheeters, who won an important venue ruling in a Texas Dram Shop Act case in the Dallas Court of Appeals on May 14th. In addition to successfully maintaining venue in Dallas County, the court of appeals also unanimously held–on an issue of first impression–that the plain language of the Dram […]
Congratulations to Kirk Pittard who was named “Best Lawyer” in the Appellate Category by D Magazine for 2019. This is Kirk’s 9th year to be named to the list.
Congratulations to Morgan McPheeters who was, once again, named a “Rising Star” in the appellate category by Texas “Super Lawyers” for 2019. You can see Morgan and the other appellate “rising stars” here.
Congratulations to Justin Kaufman and Rosalind Bienvenu who successfully defeated a Rule 12(b)(2) motion to dismiss for lack of personal jurisdiction filed by Navistar in New Mexico federal district court. Justin and Roz successfully argued that Navistar, who has been registered to do business in New Mexico since 1966, could be sued there for the […]
DP&S is proud of its partners, Kirk Pittard and Rick Thompson, who went back-to-back in the Texas Supreme Court this week. On Tuesday, Kirk presented argument on behalf of the Respondents in University of Texas M.D. Anderson Cancer Center v. Lance McKenzie and Deborah Diver, No. 17-0730. The case involves a question of sovereign immunity claimed […]
DP&S is pleased to announce that Tammy Holt has joined the firm’s Dallas office, effective February 11, 2019. Tammy brings not only significant appellate experience to the firm, but also significant litigation experience, having tried a number of complex commercial cases. Prior to joining DP&S, Tammy was Of Counsel at Rose Walker from 2007 to […]
Congratulations to Jessica Foster, Justin Kaufman, and Roz Bienvenu who, along with trial counsel, Paul Hultin, secured an important ground water victory this week in New Mexico, on behalf of the New Mexico Environmental Law Center and the San Pedro Creek Estates Homeowners’ Association, among many others. The Second Judicial District Court of New Mexico […]
This week, Thad Spalding presented argument in the Texas Supreme Court in Rey Garza v. Roxana Regalado Harrison and Joseph Santellana, individually and as representative of the Estate of Jonathen Anthony Santellana, Deceased, a case involving whether an off-duty police officer, working security for his apartment complex, is immune from suit after shooting and killing Jonathen Sanatellan. […]
As we say goodbye to our good friend Peter Kelly, who starts his new chapter as a Justice on Houston’s First Court of Appeals today, we start one as well–as Durham, Pittard & Spalding, LLP. Good luck Peter and a very Happy New Year to everyone!
Congratulations to Dean Boyd and Lucas Williams of Attorney Dean Boyd PLLC and KD&P’s Morgan McPheeters on a $250,000 verdict in a car wreck case in Dallas County involving a defendant who decided to avoid gridlocked traffic by cutting over double white lines and through plastic barriers into the HOV lane, causing a wreck that resulted in […]
KD&P is pleased to announce that Rick Thompson joined the firm’s Dallas office as a partner on November 1, 2018. Rick is Board Certified in Civil Appellate Law by the Texas Board of Legal Specialization and was formerly a partner at Hankinson, LLP and an Assistant Solicitor General at the Solicitor General’s Office of the Attorney General […]
KD&P is proud to announce that Dallas associate, Jessica Foster, is featured in the Fall Newsletter published by the Texas A&M University School of Law Natural Resources Systems Program. A copy of the digital newsletter, with an abbreviated version of Jessica’s interview, can be found here. The full interview can be found here. Jessica is […]
Congratulations to KD&P’s Houston partner, Peter Kelly, who was elected to serve on Houston’s First Court of Appeals yesterday. Peter will take office beginning January 1, 2019, and will make an outstanding justice on the First Court of Appeals. The firm will miss Peter dearly, but the firm’s loss is the Houston area’s gain. We […]
Kelly, Durham & Pittard, LLP is proud to announce that Associate Morgan McPheeters was awarded the Dallas Trial Lawyers Association’s 2018 John Howie Award for her “courageous pursuit of justice in the face of adversity” and ultimate victory at the Texas Supreme Court in State of Texas v. T.S.N. Morgan’s work on this case helped […]
Peter Kelly and Kirk Pittard were at it again last week, both arguing cases before the Texas Supreme Court. Peter argued on Tuesday, Texas Health Presbyterian Hosp. v. D.A. and M.A., regarding whether the heightened standard of proof applicable to emergency care physicians applies to a birth injury case in which the mother was not first seen […]
Congratulations to KD&P associate, Morgan McPheeters, who successfully defended a Chapter 74 medical expert report in Houston’s 14th Court of Appeals! The case, Pettway v. Olvera, No. 14-17-00532-CV, 2018 WL 4016949 (Tex. App.—Houston [14th Dist.] Aug. 23, 2018, no pet. h.) (mem. op.), affirms the sufficiency of a report of a a board-certified orthopedic surgeon who offers […]
Congratulations to Justin Kaufman, who was sworn in today to the State Bar of Texas by our own Kristi Lassiter at our Dallas office. Justin, who heads up KD&P’s Santa Fe office, is now licensed to practice in Texas, New Mexico, and New York.
Congratulations to KD&P Partner, Peter Kelly, and Of Counsel, Dana Levy, who secured two reversals in the Fifth Circuit in the last two weeks of June! The first, Garcia v. Wal-Mart Stores Texas, involved a slip-and-fall in which the Court reversed a summary judgment finding that circumstantial creation evidence—evidence that the owner of a premises created the […]
Congratulations to KD&P associate Morgan McPheeters who won an important expunction case in the Texas Supreme Court, affirming the right of wrongfully accused people, acquitted of a crime, to have the records related to that acquitted offense expunged from public records. You can read a copy of the opinion here.
Congratulations to Kirk Pittard and Thad Spalding who have been named “best lawyers” by D Magazine in the Appellate category for 2018.
Congratulations to Peter Kelly, who won an important case in the Texas Supreme Court this week addressing an employer’s responsibility for its employees’ conduct, convincing the Texas Supreme Court to reverse the El Paso Court of Appeals, clarify the standard for holding employers liable for their employees’ acts, and remanding the case for trial on […]
Congratulations to KD&P associate, Jessica Foster, whose report on groundwater rules applicable to communities along the Texas-Mexico border was published today by Texas A&M School of Law! You can see the press release regarding Jessica’s paper here, and you can read the report here.
Congratulations to KD&P Associate, Morgan McPheeters, who was named a “Rising Star” in the Appellate Practice category by Texas “Super Lawyers” for 2018. You can see the short list of Appellate “Rising Stars,” including Morgan, here.
Congratulations to Peter Kelly and Dana Levy who received a great opinion in a medical malpractice case from Houston’s First Court of Appeals in Glenn v. Leal. The case is important because it rejects the application of a “willful and wanton” negligence standard to emergency medical care provided in an obstetrical unit where the patient is not first […]
KD&P is very proud of its associate, Morgan McPheeters, who presented argument today in the Texas Supreme Court on behalf of the Respondent in State of Texas v. T.S.N., an important case dealing with the expunction rights of the wrongfully accused. You can see Morgan’s briefing here and you can watch Morgan in action here.
Congratulations to KD&P Partner, Kirk Pittard, who won a significant victory in the Texas Supreme Court. In a funeral home negligence case, the supreme court rejected the argument that a contract is required to impose a duty on a funeral home to not mishandle the body of a deceased person. Instead, the court concluded that […]
KD&P is pleased to announce that Justin Kaufman and Rosalind Bienvenu have joined KD&P’s Santa Fe office, effective February 12, 2018. Justin, formerly a partner with Robins Cloud, joins KD&P as partner and will manage KD&P’s New Mexico practice from the Santa Fe office. Rosalind, formerly an associate with Robins Cloud, joins KD&P as an […]
Congratulations to KD&P Partner, Kirk Pittard, who was part of a trial team including Reid Martin, Jack Walker and Marisa Schouten of Martin Walker, P.C., that obtained a $43 million verdict against East Texas Medical Center in a medical malpractice case in Smith County. You can see the jury verdict here.
2018 begins the same way 2017 ended for KD&P partner, Kirk Pittard–by arguing before the Texas Supreme Court, this time in an important family law case, In the Interest of H.S., in which the Court must decide the statutory standing requirements necessary for a non-parent to petition the court to alter parents’ decision-making authority over their children. […]
Congratulations to KD&P associate, Michael Kawalek, who was named a “Best Lawyer under 40” by D Magazine in the January 2018 issue! Notably, of those named “Best Lawyers,” Michael was one of only three attorneys named in the “Appellate” category.
Congratulations to KD&P associate, Morgan McPheeters, who was nominated and selected to serve as a member of the Advocates Committee Board of Directors for the Texas Trial Lawyers Association (TTLA). TTLA is a professional association that works to protect the 7th Amendment right to trial by jury and empower trial attorneys to best represent their […]
Last week, KD&P was proud to present argument in two different cases before the Texas Supreme Court. Peter Kelly led off, presenting argument on behalf of the Petitioner in Steven Painter, et al. v. Amerimex Drilling I Ltd., and Kirk Pittard followed, presenting argument on behalf of the Respondent in SCI Texas Funeral Services Inc. v. Cody Nelson. […]
It is our pleasure to announce that KD&P’s partners, Peter Kelly, Kirk Pittard, Leighton Durham, and Thad Spalding, have all been named “Super Lawyers” in the Appellate category by Super Lawyers Magazine, a Thomson Reuters publication, for 2017.
Congratulations to KD&P partner, Kirk Pittard, who was sworn in to the Colorado Bar Association on September 8, 2017.
KD&P is pleased to welcome Jessica Foster as its newest associate. Jessica is a 2016 graduate of Texas A&M School of Law in Fort Worth, where she received a full Presidential Scholarship and served as an Articles Editor for the Texas A&M Law Review and as a teacher’s assistant for Legal Research and Writing courses. Jessica also […]
Congratulations to Kirk Pittard for being named, for the 7th year in a row, a “best lawyer” in the Appellate category by D Magazine!
Congratulations to Mike Doyle of Doyle LLP and Peter Kelly of Kelly, Durham & Pittard, LLP whose hard work led to a $6.4 million verdict in favor of Dr. Gomez. Mike Doyle was lead trial counsel, and tried a fantastic case against one of the top lawyers in Texas. Peter helped him get there by […]
Congratulations to Steve Laird, Stephen Daniel, Steve Samples and Kirk Pittard who just secured a $6,095,000 verdict in Judge Tapscott’s Court in Dallas today in an 18 wheeler trucking accident case. Pat Montes assisted with witness preparation. The damages awarded were just for the plaintiffs’ non-economic damages. The defendants’ pre-trial offer to settle was $35,000.
Congratulations to KD&P associate Morgan McPheeters for successfully defending an expunction order obtained by Jeremy Rosenthal, of Rosenthal & Wadas, on behalf of his client in Collin County. The order at issue expunged records relating to an arrest for felony aggravated assault for which the client was subsequently acquitted. The State, claiming that the entire expunction […]
KD&P is pleased to announce that on December 28, 2016, its Dallas office has a new home–the old Cedar Crest house at 2223 W. Jefferson Blvd., in Oak Cliff. John Council wrote a nice article about our move and the new house in the January 2017 edition of Texas Lawyer. You can read the article here.
Congratulations to David and Cris Feldman who, along with Kirk Pittard, successfully convinced the trial court to partially lift a temporary restraining order that had been in place prohibiting the release of any benefits to retired police officers and firefighters from the Deferred Retirement Option Plan. Today’s ruling paves the way for the Dallas Police and Fire […]
Baylor law student Cassie Hansen is the winner of Baylor Law School’s first Ultimate Legal Writing Competition! Kelly, Durham & Pittard, LLP is proud to be a sponsor of this writing program, and congratulates Cassie for winning the contest. KD&P also congratulates the second and third place finishers, Jamie Oberg, a third-year law student, and Ashlie […]
Congratulations to Dean Boyd and Jamie Kroon of the Attorney Dean Boyd firm, and Leighton Durham of Kelly, Durham & Pittard on an $8.9M verdict in Dallas County following the bench trial of a case in which the plaintiff, Bobby Tunnell, suffered massive injuries when the car in which he was a passenger hit the […]
When Mayor Mike Rawlings filed suit today, seeking to halt retirees’ withdrawal of funds from the Dallas Police & Fire Pension Fund, NBC Ch. 5 and CBS Ch. 11 discussed the issue with Kirk. You can see the NBC story here, and the CBS story here.
Congratulations to Kirk Pittard who was sworn in today to the New Mexico Bar Association! He joins Leighton Durham and Morgan McPheeters as members of the New Mexico bar.
KD&P is pleased to welcome Michael Kawalek as its newest associate. Formerly an associate with Bell, Nunnely, & Martin LLP, and Bickel & Brewer before that, Michael is a 2010 graduate of the University of Texas School of Law and brings some significant complex litigation experience to the firm.
Congratulations to David Lopez and Leslie Hyman, of Pulman, Cappucio, Pullen, Benson & Jones, LLP, who, along with the help of Peter Kelly, successfully defended their judgment before Houston’s First Court of Appeals. The appeal involved the validity of an abstract of judgment filed under a Hispanic judgment debtor’s maternal surname. David, Leslie, and Peter successfully convinced […]
Congratulations to KD&P partners Peter Kelly, Kirk Pittard, Leighton Durham, and Thad Spalding who were once again named “Super Lawyers” in the Appellate category by Super Lawyers Magazine, a Thomson Reuters publication. Peter Kelly was even more super, being named to the Houston region’s list of Top 100 lawyers overall for the second year in a row.
KD&P is proud to sponsor a new writing competition at Baylor Law School, “The Ultimate Writer Competition,” through its Legal Writing Center. Top prize, in addition to cash, is a clerkship opportunity with our firm.
Congratulations to KD&P partner Thad Spalding and associate Christy Wollin for their win Friday in the Fort Worth Court of Appeals. The case arose out of the faulty installation of the HVAC unit in the Young family’s new house which resulted in severe mold damage to the home and personal injury to the family. After the […]
Congratulations to KD&P’s Thad Spalding, and trial counsel—Marty Rose and Bryan Rose of Rose Walker—for successfully defending a common law trademark infringement, trademark dilution, and unfair competition jury verdict on behalf of their client, Premier Pools—a North Texas, family-owned pool builder who had been in business for almost 30 years before an out-of-state licensor started […]
Congratulations to Peter Kelly who, on July 26, 2016, successfully upheld a commercial verdict in the Fourteenth Court of Appeals. The case–a commercial fraud-by-nondisclosure case involving the development and operation a fried chicken franchise–involved a duty to disclose on the part of the defendants that arose when the defendants only partially disclosed the ownership of the […]
Congratulations to Dava Greenberg-Spindler and Kirk Pittard who won a family law case yesterday in the Fort Worth Court of Appeals. Dava and Kirk represented the parents of a child. The child’s grandparents filed a suit affecting the parent-child relationship (SAPCR) seeking managing conservatorship over the child. Dava and Kirk successfully convinced the court of appeals […]
Congratulations to KD&P associate, Morgan McPheeters, who successfully convinced Houston’s First District Court of Appeals to affirm the trial court’s ruling, allowing her client’s personal injury claims against the City of Houston to proceed. After a police dog attacked and injured his minor son, Jesus Roman filed suit against the City of Houston, alleging that […]
KD&P’s loss would be the Fourteenth Court of Appeals’ gain. KD&P’s Houston partner, Peter M. Kelly, was recently asked to be the Democratic candidate for one of the positions on Houston’s Fourteenth Court of Appeals, and will be on the ballot in this November’s election. John Council wrote an article in this month’s Texas Lawyer […]
Congratulations to KD&P associate Morgan McPheeters who won another case in the Dallas Court of Appeals. This time, Morgan successfully defended a default divorce decree obtained by a spouse against her incarcerated husband. In the process, the court of appeals rejected the husband’s attempt to challenge the judgment on due process grounds where he failed to file […]
Congratulations to Kirk Pittard and Thad Spalding, who were named “Best Lawyers” in the Appellate category in the May 2016 issue of D Magazine. This is Kirk’s sixth time to be named to the list, and Thad’s fifth. You can see the entire list of Dallas’s “best lawyers” in the Appellate category here.
Congratulations to KD&P partner, Leighton Durham, and associate, Morgan McPheeters, and trial counsel, Laura Tamez of the Herrera Law Firm, who successfully defended a trial court’s refusal to dismiss a medical malpractice case based on the defendants’ challenge to the Chapter 74 expert reports. You can read the opinion here.
Congratulations to Thad Spalding who was able to convince the Fifth Circuit to reverse a judgment against his client, even after the trial court determined that his client had been sold a helicopter that was not airworthy. Based on that win, Texas Lawyer named Thad its “Appellate Lawyer of the Week.” You can read the opinion […]
Congratulations to Thad Spalding and Morgan McPheeters who successfully defended a summary judgment in a legal malpractice case in the Dallas Court of Appeals. Dan Tostrud and Matthew Last, with Cobb Martinez Woodward, successfully moved for summary judgment in the trial court in favor of an attorney in a legal malpractice case arising out of […]
Congratulations to Christy Wollin, an Associate in KD&P’s Dallas office, who was named a “Rising Star” in the Appellate Practice category for the third year in a row. You can see the entire list of Appellate “Rising Stars,” including Christy, here. Way to go, Christy!
Congratulations to Jason Gibson and Casey Jordan of The Gibson Law Firm who, along with the help of Peter Kelly, successfully prosecuted a wrongful death case against Manhattan-Vaughn on behalf of Angel Garcia’s family. Angel Garcia was killed on December 4, 2013, during the construction of Kyle Field. His family filed suit, and on February 10, 2016, the jury […]