Our Dallas Office

Mailing address:
P.O. Box 224626
Dallas, Texas 75222

Physical address:
2223 W Jefferson Blvd.
Dallas, Texas 75208

214.946.8000 phone
214.946.8433 fax

Our Santa Fe Office

505 Cerrillos Road, Suite A209
Santa Fe, NM 87501

505.986.0600 phone
505.986.0632 fax

Our Houston Office

2000 West Loop South, Suite 2200
Houston, Texas 77027

713.401.9901 phone
214.946.8433 fax

NEWS

Caren Friedman speaks at NM Appellate Bench & Bar Conference

Santa Fe attorney Caren Friedman was one of four New Mexico appellate practitioners asked to participate in panel discussions at the Appellate Bench and Bar Conference, held in the supreme court courtroom on Friday, October 20, 2023.  Caren joined a distinguished panel of supreme court justices, court of appeals judges, and court staff to discuss topics of interest and concern to the appellate bench and bar.  After the conference adjourned, participants gathered for a luncheon to continue the discussion informally.  Santa Fe attorneys Roz Bienvenu and Phil Kovnat were also in attendance.

Congratulations to our 2023 Texas “Super Lawyers”!

Congratulations to DP&S Dallas partners Leighton Durham, Kirk Pittard, Thad Spalding, and Rick Thompson for being named “Super Lawyers” again this year in the Appellate category by Super Lawyers Magazine, a Thomson Reuters publication, for 2023. Way to go!

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. Eighth Jud. Dist. Ct., 141 S. Ct. 1017 (2021). The New Mexico Court of Appeals determined that the the fatal accident was sufficiently related to Bridgestone’s New Mexico contacts to give rise to jurisdiction. You can read the opinion here.

This case is another of many personal jurisdiction wins for Roz, making her a top appellate lawyer on this important issue for plaintiff’s firms nationwide.

DP&S helps win $21.6M Civil Rights verdict!

Congratulations to Daryl Washington and Greg Marks who, with help from DP&S’s Shelby White and Thad Spalding, won a $21.6 million jury verdict for their client, Odell Edwards, in a civil rights case involving the use of excessive, deadly force. The plaintiff’s 15-year-old son, Jordan, was shot and killed by a Balch Springs police officer, Roy Oliver, as the car Jordan was riding in was leaving a house party. The police officer was criminally convicted of murder in 2018, but continued to claim that his shooting was justified. On April 3, 2023, the civil jury disagreed, finding Oliver liable for using excessive, deadly force, and awarding $10.6 million in actual damages to Mr. Edwards and to Jordan’s estate, and an additional $11 million in punitive damages for the officer’s wrongful conduct. You can read the Dallas Morning News article about the verdict here. You can also view news reports about the verdict here (WFAA), here (Fox 4), and here (NBC 5). 

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 to be included on this list.  You can read the digital edition of Southwest Super Lawyers magazine here.

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 was heavily litigated for more than three years. In 2021, Plaintiffs successfully defeated partial summary judgment filed by Defendant Epoch Everlasting Play, LLC; although the Defendant argued that it could not be held liable as a matter of law under a negligence per se theory, Plaintiffs convinced the Court of the opposite: that Epoch was negligent per se because the toy violated Consumer Product Safety Commission Regulations, and thus the toy was a “banned hazardous substance.”  The Court agreed with the position advanced by Plaintiffs, finding that Epoch was negligent per se because its toy has small parts that presented a choking hazard and, as a “flocked” toy, was intended for children under three years of age.  You can read the Court’s opinion here. Shortly after the Court’s favorable ruling, the case was resolved for a confidential sum. 

But honoring their clients’ wishes, Martin Walker and DP&S continued to fight to convince regulators that these toys should be removed from the market entirely.  Initially, the Court’s decision was cited by CPSC acting commissioner Peter Feldman, who urged the federal agency to expedite enforcement of CPSC regulations against flocked toys to protect the health and safety of children across the country. You can read Commissioner Feldman’s press release here

After continued lobbying efforts, on March 9, 2023, the CPSC announced a voluntary recall of all Calico Critters animal figure and sets sold with small parts accessories. Commissioner Feldman sent a strong message about the recall and called for the recall as a “first step” urging the CPSC to review similar toys and accessories to ensure safety.  You can read Commissioner Feldman’s statement here.

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 judgment was affirmed in its entirety based on the failure to prove damages.  You can read the memorandum opinion in Livingston Land, LLC v. Brooker, A-1-CA-38948 (N.M. App. Feb. 15, 2023), here.

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 has extensive experience assisting DP&S’s trial lawyer clients with jury instructions, and her appointment will give her the opportunity to help improve the uniform instructions and committee commentary to clarify New Mexico law.  Justin has been serving on the Rules of Civil Procedure for State Courts Committee since his appointment by the New Mexico Supreme Court in 2021.  This committee reviews, revises, and drafts new rules applicable to civil cases across the state.  Caren has been serving on the Appellate Rules Committee since her re-appointment by the Supreme Court in 2020.  The Court had previously appointed her to this committee in 2005 and to serve as chair from 2007 to 2010.  The Appellate Rules Committee drafts and amends the rules governing proceedings in the New Mexico Court of Appeals and the New Mexico Supreme Court. 

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 the exclusivity provision of the Workers Compensation Act.  Caren argued that the employer’s intentional acts and omissions and utter disregard for the consequences allow Plaintiff’s claim to proceed.  The Court will determine whether the district court erred in granting summary judgment in favor of the employer.  You can listen to Caren’s argument in Camarena v. Superior Contracting Corp. d/b/a American Nat’l Insulation and Sealants, N.M. App., A-1-CA-39598; A-1-CA-39269 here.

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 medications to the plaintiff, causing a life-threatening drop in blood pressure. The district court granted summary judgment in favor of the defendant based on causation.  The Court of Appeals reversed and remanded the case for further proceedings, agreeing that plaintiff’s medical expert testimony permitted a reasonable inference of causation, making summary judgment improper. You can read the opinion in Walker v. Carlsbad Medical Center here.

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