Author name: Thad Spalding

Roz Bienvenu wins New Mexico jurisdictional challenge!

Congratulations to trial counsel Sico Hoelscher Harris LLP and Santa Fe partner, Roz Bienvenu, who successfully convinced the New Mexico Court of Appeals to reverse the trial court’s dismissal for lack of personal jurisdiction in a wrongful death product liability case based on the U.S. Supreme Court’s recent decision in Ford Motor Co. v. Mont. […]

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Caren Friedman is a NM “Super Lawyer” for 2023!

Congratulations to Santa Fe partner, Caren Friedman, who was named a 2023 Southwest “Super Lawyer” in the appellate practice category.  Southwest Super Lawyers magazine covers New Mexico and Arizona.  Caren is one of only seven New Mexico appellate practitioners, and the only one from Santa Fe, to be recognized.  This is Caren’s 17th consecutive year

Caren Friedman is a NM “Super Lawyer” for 2023! Read More »

DP&S and Martin Walker P.C. help remove unsafe childrens’ toy from the market!

DP&S is proud to have assisted trial counsel Jack Walker and Reid Martin of Martin Walker PC in a defective product case with national and international ramifications.  This tragic case involved the death of a two-year-old child who died from choking on a Calico Critters Yellow Labrador Twins toy.  Initially filed in 2018, the case

DP&S and Martin Walker P.C. help remove unsafe childrens’ toy from the market! Read More »

Caren, Justin, and Roz win appeal for medical cannabis growers in the NM Court of Appeals!

Congratulations to Santa Fe partners, Caren Friedman, Justin Kaufman, and Rosalind Bienvenu, who successfully convinced the New Mexico Court of Appeals to affirm a judgment rejecting contract and fraud claims against state licensed medical cannabis growers, Ken and Irene Livingston, the founders of Healthy Education Society.  The Livingstons prevailed at trial, and on appeal, the

Caren, Justin, and Roz win appeal for medical cannabis growers in the NM Court of Appeals! Read More »

Roz, Justin, and Caren appointed to NM Supreme Court committees on state rules and jury charges!

DP&S is proud to announce that Santa Fe partners Roz Bienvenu, Justin Kaufman, and Caren Friedman will be serving on three important New Mexico rules committees in 2023.  Roz was recently appointed to the Uniform Jury Instructions Civil Committee, where she will serve a one-year term with eligibility to serve for an additional six years. 

Roz, Justin, and Caren appointed to NM Supreme Court committees on state rules and jury charges! Read More »

Caren Friedman argues in the New Mexico Court of Appeals!

Congratulations to Santa Fe partner, Caren Friedman, who presented argument on behalf of the Plaintiff in the New Mexico Court of Appeals on January 12, 2023.  Plaintiff was catastrophically injured when the grossly overloaded and untethered scaffold on which he was working collapsed.  In New Mexico, a negligence claim against an employer is barred by

Caren Friedman argues in the New Mexico Court of Appeals! Read More »

Caren Friedman and Rosalind Bienvenu win medical malpractice appeal!

Congratulations to Santa Fe partners, Caren Friedman and Rosalind Bienvenu, who, along with trial counsel Joseph Zebas of Hobbs, New Mexico, successfully convinced the New Mexico Court of Appeals to reverse summary judgment in a medical malpractice case.  The defendant hospital mixed up two patients with the same name and then administered incorrect blood pressure

Caren Friedman and Rosalind Bienvenu win medical malpractice appeal! Read More »

Caren, Roz, and Justin win environmental appeal in New Mexico!

Congratulations to Santa Fe partners Caren Friedman, Rosalind Bienvenu, and Justin Kaufman, who successfully convinced the New Mexico Court of Appeals to affirm the judgment in a complex water law appeal.  DP&S, along with Paul Hultin and the New Mexico Environmental Law Center, represented a consortium of individuals and entities (“Protestants”) who opposed Aquifer Science’s

Caren, Roz, and Justin win environmental appeal in New Mexico! Read More »

Shelby White wins qualified immunity appeal!

Congratulations to DP&S attorney, Shelby White, who–along with Thad Spalding, and trial attorney, Daryl Washington–successfully reversed a summary judgment order granting qualified immunity to a police officer. The case involved the fatal shooting of Tavis Crane by Arlington police officer Craig Roper after Crane was stopped when his toddler threw a candy wrapper out of

Shelby White wins qualified immunity appeal! Read More »

Roz Bienvenu moderates NM Appellate Practice Institute!

On September 9, 2022, Santa Fe Partner Rosalind Bienvenu, current Chair of the Board of Directors of the New Mexico State Bar’s Appellate Practice Section, moderated the Section’s 33rd Annual Appellate Practice Institute, a daylong webinar featuring distinguished panel members from the appellate bench and bar.  The Institute addressed topics such as United States Supreme

Roz Bienvenu moderates NM Appellate Practice Institute! Read More »

Thad Spalding wins civil rights appeal in the Fifth Circuit!

Congratulations to DP&S partner, Thad Spalding, who successfully defeated a police officer’s qualified immunity appeal to the Fifth Circuit.  The case involves the fatal shooting of a teenager, Jordan Edwards, by Balch Springs police officer Roy Oliver.  Oliver moved for summary judgment, claiming his shooting–into a car full of teenagers who were leaving a party

Thad Spalding wins civil rights appeal in the Fifth Circuit! Read More »

Congratulations to our 2022 New Mexico “Super Lawyers”!

DP&S is proud to announce that Santa Fe-based partners Caren Friedman and Justin Kaufman have been named Southwest (New Mexico and Arizona) “Super Lawyers” for 2022, an honor based on professional achievement and peer recognition. Caren was named in the Appellate practice category.  She is one of only eight New Mexico appellate practitioners, and the

Congratulations to our 2022 New Mexico “Super Lawyers”! Read More »

Roz Bienvenu begins term as President of the New Mexico State Bar Appellate Section!

DP&S is pleased to announce that our Santa Fe partner, Rosalind B. Bienvenu, has taken the helm of the New Mexico State Bar Appellate Practice Section. Roz will serve as the President of the Board of Directors for a one-year term in 2022. She will bring to the Section her exceptional skills as an appellate

Roz Bienvenu begins term as President of the New Mexico State Bar Appellate Section! Read More »

DP&S named to “Best Lawyers” 2022 “Best Law Firms” List!

DP&S is proud to announce that it has been named to the “Best Lawyers” 2022 “Best Law Firms” list as a “Tier 1” firm–the highest ranking available–in the Dallas/Fort Worth area in Appellate Practice!  According to U.S. News–Best Lawyers® “Best Law Firms,” “[a]chieving a tiered ranking . . . signals a unique combination of quality law

DP&S named to “Best Lawyers” 2022 “Best Law Firms” List! Read More »

Caren Friedman wins in the New Mexico Court of Appeals!

Congratulations to DP&S Santa Fe partner, Caren Friedman, who, along with trial counsel Kristina Martinez, successfully convinced the New Mexico Court of Appeals to reverse the final decree in a domestic relations case.  Representing the Mother in this custody dispute, DP&S argued that the district court violated the Rules of Civil Procedure by failing to

Caren Friedman wins in the New Mexico Court of Appeals! Read More »

Dana Levy defends responsible third party ruling in the Texas Supreme Court!

DP&S’s Houston partner, Dana Levy, was in the Texas Supreme Court again on a case involving responsible third party practice.  Dana argued in defense of the trial court’s order, and a Dallas Court of Appeals opinion letting that order stand, which struck a responsible third party designation by the owner of a gas facility of

Dana Levy defends responsible third party ruling in the Texas Supreme Court! Read More »

Roz Bienvenu wins jurisdictional challenge in the San Antonio Court of Appeals!

Congratulations to DP&S partner, Roz Bienvenu, who worked with trial counsel William Angelley, Craig Schllapprizzi, and Tom Crosley, to successfully defend a Bexar County trial court’s order denying a special appearance by an aircraft manufacturer, Cirrus Design Corp., in a wrongful death products liability case. The plaintiff’s husband, an Air Force major stationed in Texas,

Roz Bienvenu wins jurisdictional challenge in the San Antonio Court of Appeals! Read More »

DP&S attorneys involved in case that recently settled for $19 Million

Congratulations to DP&S lawyers Kirk Pittard and Tammy Holt who were part of a trial team lead by Steve Laird, Robert Collins, Seth McCloskey, and Bracken Millar, that recently settled a double-fatality trucking case for $19 Million (for non-economic damages only) the day before the case was set to go to trial in Tarrant County.

DP&S attorneys involved in case that recently settled for $19 Million Read More »

Congratulations to our 2021 New Mexico “Super Lawyers”!

DP&S is proud to announce that every lawyer in our Santa Fe office has been named Southwest (Arizona and New Mexico) “Super Lawyers” for 2021, an honor based on professional achievement and peer recognition. This is Rosalind Bienvenu‘s first year to be named a “Rising Star”!  Roz was one of only six attorneys named “Rising Star”

Congratulations to our 2021 New Mexico “Super Lawyers”! Read More »

Congratulations to the winners of the 2021 Baylor Ultimate Writer Competition!

Once again, DP&S was proud to sponsor the Ultimate Writer Competition 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.  This year’s winners were William de los Santos, first place; Grace Bregard, second place; Catherine Helm, third pace; and

Congratulations to the winners of the 2021 Baylor Ultimate Writer Competition! Read More »

Tammy Holt wins medical expense discovery fight in the 13th Court of Appeals!

Congratulations to Tammy Holt who successfully defeated a Mandamus Petition filed by a Defendant claiming that In re North Cypress entitled him to broad medical expense discovery and claiming that the doctor’s objections should  be overruled because (1) he sought the amounts actually reflected as payment in full on the doctors’ books (as opposed to

Tammy Holt wins medical expense discovery fight in the 13th Court of Appeals! Read More »

Lana Beverly wins med mal appeal in San Antonio!

Congratulations to Lana Beverly who, along with trial counsel, Brian Steward, successfully defended the medical expert report by a radiologist who testified regarding another radiologist’s failure to diagnose the plaintiff’s breast cancer. On appeal, Lana persuaded the court that the expert radiologist was qualified to provide a causation opinion regarding the delayed cancer diagnosis and

Lana Beverly wins med mal appeal in San Antonio! Read More »

Caren Friedman wins family law appeal in the New Mexico Court of Appeals!

Congratulations to DP&S’s Santa Fe partner, Caren Friedman, on her victory in the New Mexico Court of Appeals in a domestic relations appeal arising under the Uniform Child Custody Jurisdiction and Enforcement Act.  The appeal raised six issues, and the Court unanimously affirmed the judgment, including an attorney fee award.

Caren Friedman wins family law appeal in the New Mexico Court of Appeals! Read More »

Tammy Holt wins rehearing motion in the Dallas Court of Appeals!

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

Tammy Holt wins rehearing motion in the Dallas Court of Appeals! Read More »

Lana Beverly wins in the Fort Worth Court of Appeals!

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

Lana Beverly wins in the Fort Worth Court of Appeals! Read More »

Caren Friedman wins in the New Mexico Supreme Court!

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

Caren Friedman wins in the New Mexico Supreme Court! Read More »

Caren Friedman wins in the New Mexico Court of Appeals!

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

Caren Friedman wins in the New Mexico Court of Appeals! Read More »

Congratulations to our 2020 Texas “Super Lawyers”!

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 our 2020 Texas “Super Lawyers”! Read More »

Dana Levy wins in the Dallas Court of Appeals!

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

Dana Levy wins in the Dallas Court of Appeals! Read More »

Thad Spalding wins derivative immunity case in the Texas Supreme Court!

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

Thad Spalding wins derivative immunity case in the Texas Supreme Court! Read More »

Dana Levy wins medical malpractice expert report challenge in Houston’s Fourteenth Court of Appeals!

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

Dana Levy wins medical malpractice expert report challenge in Houston’s Fourteenth Court of Appeals! Read More »

Tammy Holt and Thad Spalding win in the Dallas Court of Appeals!

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

Tammy Holt and Thad Spalding win in the Dallas Court of Appeals! Read More »

Tammy Holt gets dog bite summary judgment reversed by the San Antonio 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

Tammy Holt gets dog bite summary judgment reversed by the San Antonio Court of Appeals! Read More »

Dana Levy successfully defends default judgment in Houston’s 14th Court of Appeals!

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. 

Dana Levy successfully defends default judgment in Houston’s 14th Court of Appeals! Read More »

DP&S sponsors Baylor Law School’s Ultimate Writer Competition for 4th Year!

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

DP&S sponsors Baylor Law School’s Ultimate Writer Competition for 4th Year! Read More »

Dana Levy defeats mandamus petition in the Dallas Court of Appeals!

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

Dana Levy defeats mandamus petition in the Dallas Court of Appeals! Read More »

Jessica Foster argues in the Texas Supreme Court on important procedural and attorney immunity issues!

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. 

Jessica Foster argues in the Texas Supreme Court on important procedural and attorney immunity issues! Read More »

Kirk Pittard part of trial team that obtained a $12.5 million settlement in Rockwall County trucking collision case!

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

Kirk Pittard part of trial team that obtained a $12.5 million settlement in Rockwall County trucking collision case! Read More »

DP&S’s New Mexico office helps Sico Hoelscher Harris LLP secure $40.5m verdict in Santa Fe!

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’s New Mexico office helps Sico Hoelscher Harris LLP secure $40.5m verdict in Santa Fe! Read More »

Kirk Pittard publishes article in Texas Tech Law Review!

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

Kirk Pittard publishes article in Texas Tech Law Review! Read More »

DP&S welcomes Lana Beverly to the firm!

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

DP&S welcomes Lana Beverly to the firm! Read More »

Dana Levy presents argument in the Texas Supreme Court in important medical malpractice, discovery case!

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

Dana Levy presents argument in the Texas Supreme Court in important medical malpractice, discovery case! Read More »

Kirk Pittard argues for Dallas Fire and Police pensioners in the Texas Supreme Court!

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

Kirk Pittard argues for Dallas Fire and Police pensioners in the Texas Supreme Court! Read More »

Dany Levy successfully defends jury verdict in Houston’s 1st Court of Appeals!

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

Dany Levy successfully defends jury verdict in Houston’s 1st Court of Appeals! Read More »

Rick Thompson wins insurance appraisal case in the Texas Supreme Court.

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

Rick Thompson wins insurance appraisal case in the Texas Supreme Court. Read More »

Kirk Pittard wins Texas Tort Claims Act case in the Texas Supreme Court.

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

Kirk Pittard wins Texas Tort Claims Act case in the Texas Supreme Court. Read More »

Morgan wins important venue ruling in the Dallas Court of Appeals!

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

Morgan wins important venue ruling in the Dallas Court of Appeals! Read More »

Justin and Rosalind win significant personal jurisdiction argument in New Mexico!

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

Justin and Rosalind win significant personal jurisdiction argument in New Mexico! Read More »

DP&S welcomes Tammy Holt!

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

DP&S welcomes Tammy Holt! Read More »

DP&S helps secure big win in New Mexico ground water case!

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

DP&S helps secure big win in New Mexico ground water case! Read More »

Thad Spalding argues in the Texas Supreme Court!

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. 

Thad Spalding argues in the Texas Supreme Court! Read More »

Happy New Year!

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!

Happy New Year! Read More »

Jessica Foster featured in the Texas A&M School of Law Natural Resource Program’s Fall Newsletter

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

Jessica Foster featured in the Texas A&M School of Law Natural Resource Program’s Fall Newsletter Read More »

Peter and Kirk argue in the Texas Supreme Court (again) last week!

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

Peter and Kirk argue in the Texas Supreme Court (again) last week! Read More »

Morgan wins med-mal appeal in the 14th Court!

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

Morgan wins med-mal appeal in the 14th Court! Read More »

Peter and Dana win twice in June in the Fifth Circuit!

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

Peter and Dana win twice in June in the Fifth Circuit! Read More »

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