NEWS
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 2012, and then took over a solo practice in 2013 and formed the Holt Law Firm where she continued her trial and appellate practice.
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 applied the “conservation” element of the state’s ground water permit statute, NMSA 72-12-3, to uphold the Office of the State Engineer’s denial of a major developer’s application to withdraw ground water in the East Mountains near Albuquerque. Judge Shannon Bacon decided the case against the developer and in favor of the neighboring landowners whose wells would be significantly impacted by the proposed development. This decision sets important precedent going forward as to what a developer must demonstrate to show adequate “conservation” in a permit application under New Mexico’s ground water statute. You can read Judge Bacon’s findings and conclusions here. Coverage of the decision by the Albuquerque Journal and the Santa Fe New Mexican can be read here and here, respectively. You can also read all about the trial that led to this important decision here.
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’s argument can be seen here.
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 severe and painful injuries to the plaintiffs. You can read the verdict here.
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 of Texas. Welcome to the firm, Rick!
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 a 2016 graduate of the Texas A&M School of Law.
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 are extremely proud of Peter, wish him great success in this new venture, and look forward to reading his opinions!!
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 change expunction law to ensure that Texans who have been arrested but not convicted of a crime receive a fresh start. Morgan accepted the award at the DTLA luncheon on October 18, 2018.
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 or treated in the emergency room. Peter’s argument can be seen here.
On Thursday, Kirk argued on behalf of Dallas first-responders in Larry Eddington, et al. v. Dallas Police and Fire Pension System, in a case dealing with whether the first-responders’ retirement benefits are protected by the Texas Constitution. Kirk’s argument can be seen here.