Author Archives: Thad Spalding

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

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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 […]


Kirk Pittard & Thad Spalding named “Best Lawyers” by D Magazine!

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Congratulations to Kirk Pittard and Thad Spalding  who have been named “best lawyers” by D Magazine in the Appellate category for 2020.


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

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

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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 […]


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

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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 […]


Caren Friedman joins DP&S’s Santa Fe office!

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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 […]


Dana Levy wins in the Texas Supreme Court!

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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 […]


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

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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.  […]


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

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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 […]


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

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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 […]


Kirk Pittard publishes article in Texas Tech Law Review!

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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 welcomes Lana Beverly to the firm!

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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 […]


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

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

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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 […]


DP&S Congratulates its 2019 Texas Super Lawyers!

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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.


Kirk Pittard and Rick Thompson are “Best Lawyers in America” in Appellate Practice!

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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.


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

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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 […]


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

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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 […]


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

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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 […]


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

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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 […]


Kirk Pittard is a “Best Lawyer” for 2019!

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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.


Morgan McPheeters is a “Rising Star” again!

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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.


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

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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 back-to-back in the Texas Supreme Court!

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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 welcomes Tammy Holt!

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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 helps secure big win in New Mexico ground water case!

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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 […]


Thad Spalding argues in the Texas Supreme Court!

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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.  […]


Happy New Year!

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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!


Morgan McPheeters helps secure $250,000 verdict in Dallas!

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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 welcomes Rick Thompson!

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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 […]


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

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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 […]


Peter Kelly elected to Houston’s First Court of Appeals!

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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 […]


Morgan McPheeters wins 2018 DTLA John Howie Award!

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

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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 […]


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

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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 […]


Justin Kaufman joins the Texas bar!

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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.


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

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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 […]


Morgan wins expunction case in the Texas Supreme Court!

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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.


Kirk Pittard and Thad Spalding named “best lawyers” in Dallas!

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Congratulations to Kirk Pittard and Thad Spalding  who have been named “best lawyers” by D Magazine in the Appellate category for 2018.


Peter Kelly wins in the Texas Supreme Court!

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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 […]


Jessica Foster’s report on Texas-Mexico groundwater rules is published by Texas A&M School of Law!

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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.


Morgan McPheeters is a 2018 “Rising Star”!

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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.


Peter and Dana win important med mal appeal in Houston’s First Court of Appeals!

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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 […]


Morgan McPheeters argues in the Texas Supreme Court!

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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.


Kirk Pittard wins important victory in Texas Supreme Court in funeral home negligence case.

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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 welcomes Justin Kaufman and Rosalind Bienvenu to its New Mexico office!

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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 […]


Kirk Pittard part of trial team that wins a $43 million verdict in a medical malpractice case in Tyler, Texas!

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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.


Kirk Pittard is in the Texas Supreme Court-again!

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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.  […]


Michael Kawalek named one of the “Best Lawyers under 40” by D Magazine!

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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.


Morgan selected to join the TTLA Advocates Board of Directors!

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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 […]


KD&P takes over Texas Supreme Court!

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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.  […]


Congratulations to our “Super Lawyers”!

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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.


Kirk Pittard joins the Colorado Bar Association!

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Congratulations to KD&P partner, Kirk Pittard, who was sworn in to the Colorado Bar Association on September 8, 2017.


Jessica Foster joins KD&P’s Dallas office!

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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 […]


Kirk Pittard is once again a “best lawyer” in Dallas for 2017!

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Congratulations to Kirk Pittard for being named, for the 7th year in a row, a “best lawyer” in the Appellate category by D Magazine!


Peter Kelly part of team that helps surgeon win $6.4M defamation verdict against Memorial Hermann!

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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 […]


Kirk part of winning trial team who secures $6M verdict in Dallas County!

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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.


Morgan McPheeters wins important expunction appeal in the Dallas Court of Appeals!

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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’s Dallas office has a new home!

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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.


Kirk Pittard helps retired officers get one step closer to reinstatement of their monthly benefits.

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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 […]


Cassie Hansen wins Baylor Law School’s inaugural Ultimate Writing Competition!

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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 […]


Leighton Durham helps secure $8.9M verdict in the “cow in the road” case!

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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 […]


Local news interviews Kirk Pittard regarding Mayor’s Dallas Police & Fire Pension Fund lawsuit

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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.


Kirk joins the New Mexico Bar Association!

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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.


Michael Kawalek joins KD&P’s Dallas office!

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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.


Peter assists with win in Houston’s 1st Court of Appeals!

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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 […]


KD&P’s lawyers are “super” once again!

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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 a proud sponsor of “The Ultimate Writer Competition” at Baylor Law School.

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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.


Thad and Christy win reversal in the Fort Worth Court of Appeals!

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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 […]


Thad successfully defends trademark judgment in the Dallas Court of Appeals!

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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 […]


Peter successfully upholds commercial verdict in Houston’s 14th Court of Appeals!

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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 […]


Dava and Kirk win family law appeal in the Fort Worth Court of Appeals!

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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 […]


Morgan McPheeters wins dog bite appeal!

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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 […]


Peter Kelly on the ballot for Houston’s Fourteenth Court of Appeals!

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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 […]


Morgan wins again in the Dallas Court of Appeals!

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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 […]


Kirk and Thad are named “best lawyers” in Dallas for 2016!

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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.


Leighton and Morgan win in the Corpus Christi Court of Appeals!

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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.


Thad Spalding is “Appellate Lawyer of the Week”!

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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 […]


Spalding and McPheeters win in the Dallas Court of Appeals!

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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 […]


Christy Wollin named a “Rising Star” for 2016!

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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!


Leighton Durham is our newest New Mexico lawyer!

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Yesterday, Leighton Durham joined Morgan McPheeters as a member of the New Mexico Bar Association.


Peter Kelly helps win $54 million verdict verdict in wrongful death case.

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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 […]


The “Cow in the Road” appellant and his attorneys are sanctioned for filing a frivolous appeal.

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Congratulations to Kirk Pittard and Leighton Durham who successfully convinced the Dallas Court of Appeals to not only dismiss an appeal, but to sanction both the defense attorney and his doctor client for pursuing a frivolous appeal.  The “cow in the road” appeal, which stems from serious injuries our client suffered when he ran into […]


Welcome to the firm, Dava!

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KD&P is pleased to welcome its newest associate, Dava Greenberg-Spindler, to the Dallas office.  Dava is a native San Antonian, and a 2015 graduate, magna cum laude, of Texas Tech University School of Law.  Welcome to the firm Dava.


Thad Spalding part of team that wins a $7.5M jury verdict in a fraud and unfair competition case!

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Congratulations to Rose Walker attorneys, Marty Rose and Chris McDowell, and their client, ThermoTek, who–along with the support of Thad Spalding–obtained a $7.5M jury verdict on November 20, 2015 following a three-week trial in a Federal District Court in Dallas.  ThermoTek, who was originally sued by the Defendants, defeated the Defendants’ claims and successfully pursued […]


Peter Kelly wins in the Corpus Christi Court of Appeals!

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Congratulations to Peter Kelly who, on November 19, 2015, successfully convinced the Corpus Christi Court of Appeals to affirm a trial court’s order refusing to dismiss his client’s case pursuant to Chapter 74 of the Texas Civil Practice and Remedies Code–the Texas Medical Liability Act.  The client, a housekeeper, sued her employer, Corpus Christi Medical Center, for […]


KD&P opens a new office in New Mexico!

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KD&P is pleased to announce the opening, effective November 1, 2015, of its new office in Santa Fe, New Mexico.


Kirk Pittard wins significant discovery ruling in the Corpus Christi Court of Appeals!

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Congratulations to Kirk Pittard who successfully defended a trial court’s order requiring that State Farm of Lloyds produce electronically-stored information in the native format in which such information is usually kept. State Farm sought mandamus relief, but the Corpus Christi Court of Appeals concluded that mandamus relief was not warranted and required that State Farm produce […]


Peter Kelly helps prepare amicus brief on behalf of Aid to Victims of Domestic Abuse.

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KD&P and Houston partner, Peter Kelly, are honored to have worked with lead counsel Jim Lewis on an amicus brief in the Texas Supreme Court on behalf of Aid to Victims of Domestic Abuse (a United Way Agency) and the Texas Trial Lawyers Association, asking that the court reverse a lower court opinion that held that […]


KD&P Partners named “Super Lawyers” for 2015!

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Congratulations to KD&P partners Peter Kelly, Kirk Pittard, Leighton Durham, and Thad Spalding who were all named “Super Lawyers” in the Appellate category by Thomson Reuters and the publishers of Texas Monthly magazine.  A special congratulations to Peter Kelly for also being named among the Houston region’s Top 100 lawyers overall.


Peter Kelly successfully defends judgment before Houston’s 14th Court of Appeals!

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Congratulations to Peter Kelly and Will Adams for their successful defense of a judgment in excess of $800,000 in a nonsubscriber case against a negligent employer. Peter and Will defeated nearly all of the employer’s factual and legal sufficiency arguments regarding the liability and damage findings, as well as arguments related to the exclusion of certain […]


Morgan McPheeters wins in the Fort Worth Court of Appeals!

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Congratulations to Morgan McPheeters who won her first appeal in the Fort Worth Court of Appeals!  Morgan successfully upheld a default judgment in favor of a personal injury plaintiff, where the defendant attempted to challenge the judgment through a bill of review more than four years after the judgment was entered, claiming extrinsic fraud in the […]


Peter Kelly successfully upholds $1.1M judgment in Fourteenth Court of Appeals!

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Congratulations to Peter Kelly who convinced the Fourteenth Court of Appeals in Houston to affirm a $1.1 million judgment obtained by Jason Gibson and Andrew Smith against Kroger following an incident in which a meatcutter lost four fingers on his dominant hand. Among other issues on appeal, Kroger argued that its duties should be limited […]


Peter Kelly appointed to Texas Supreme Court Advisory Committee for second term!

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Congratulations to Partner, Peter Kelly who has been appointed to a second three-year term on the Texas Supreme Court Advisory Committee.  Currently comprised of 46 judges, former judges, and practitioners, the Committee assists the Supreme Court in the continuing study, review, and development of rules and procedures for the courts of Texas, taking into consideration the […]


Leigh Bradford wins reversal in the Dallas Court of Appeals!

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Congratulations to Leigh Bradford who convinced the Dallas Court of Appeals to reverse the trial court’s dismissal of a medical malpractice case based on the sufficiency of the Chapter 74 expert report.  The Dallas Court of Appeals determined that the trial court abused its discretion in dismissing the claims against a doctor, finding that the Chapter […]


Peter Kelly pens rebuttal to “fraudulent fraud” article in the Texas Lawyer.

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In response to a very defense-oriented article which argued that, despite the plain language of the statute, a plaintiff could obtain punitive damages for fraud only if some level of “super-fraud” had been proved, Peter Kelly wrote a rebuttal published by the Texas Lawyer on June 1, 2015 that clarified the statutory requirements for obtaining […]


$5.24M verdict is second-highest toxic tort verdict in 2014!

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Congratulations to Kevin Camp who, along with the help of Kirk Pittard, obtained a $5.24 million verdict in favor of their client, John Blommer, against BNSF Railway back in October of last year.  On May 25, 2015, the verdict was highlighted by the Texas Lawyer as the second-highest toxic tort verdict in 2014.


Texas Lawyer features Leighton Durham and the Cow in the Road Case, again.

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On May 25, 2015, John Council and the Texas Lawyer featured Leighton Durham and the cow in the road case again.  In this installment, the Texas Lawyer zeros in on a motion to dismiss Leighton filed with the Dallas Court of Appeals, urging the court to not only dismiss the defendants’ appeal but also award […]


Peter Kelly wins again in the Texas Supreme Court!

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Another month, another big win for Peter Kelly, this time in In re Memorial Herman Hosp. Sys., No. 14-0171, — S.W.3d —, 2015 WL 2438752 (Tex. May 22, 2015).  In this case, Dr. Gomez brought suit against  Memorial Hermann, his former employer, seeking damages caused by the hospital’s defamatory “whisper campaign” against him.  The hospital claimed that […]


Peter Kelly wins in the Texas Supreme Court!

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On April 24, 2015, the Texas Supreme Court decided Brown & Gay Eng’g, Inc. v. Olivares, No. 13-0605, — S.W.3d —, 2015 WL 1897646 (Tex. April 24, 2015), a case in which a private engineering firm retained by a governmental entity to design and build a toll road asserted “derivative sovereign immunity” in an effort […]