NEWS
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 evaluated in an emergency room. This case also holds that the “paid or incurred” statute and the Affordable Care Act cannot be used in an effort to reduce the recovery of future medical expenses. You can read the opinion here.
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 there exists a common law duty to the deceased’s next of kin. Chief Justice Hecht wrote the opinion for a unanimous court. You can read the opinion in SCI Texas Funeral Services, Inc. v. Nelson here.
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 associate where she will continue to handle civil appeals and strategic litigation support in both state and federal courts.
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. Links to the parties’ briefing can be found here, and a link to today’s oral argument can be found here.
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 clients—thereby making Texas a better, safer, and healthier place to live and work.
The Advocates Committee is composed of TTLA members who have been in the organization for 10 years or less and provides a means for TTLA’s younger members to participate in and shape TTLA’s objectives. As a Board Member, Morgan will serve a three-year term and will work to further TTLA’s objectives through legislative support, TTLA PAC support and fundraising, membership recruitment, and women’s events.
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. Peter’s argument can be viewed here, and Kirk’s argument can be viewed here.