NEWS
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 the former minority-interest owner and contract-operator. You can watch Dana’s argument here.
DP&S is proud to announce that Kirk Pittard, Leighton Durham, Rick Thompson, and Thad Spalding have all been named “Super Lawyers” in the Appellate category by by Super Lawyers Magazine, a Thomson Reuters publication, for 2021.
Kirk Pittard was also named, once again, to the “Top 100” list for Dallas/Fort Worth and to the “Top 100” in Texas.
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, was killed when the Cirrus aircraft he was piloting crashed in Bexar County. Cirrus argued that it should not be subject to suit in Texas because the plaintiff’s claims did not arise from or relate to any purposeful activity it conducted in Texas. The San Antonio Court of Appeals rejected this argument, finding that Cirrus conducts ample business activity in Texas and that the plaintiff’s claims were sufficiently related to that activity, relying on two recent, important jurisdiction cases, Ford Motor Co. v. Mont. Eighth Jud. Dist. Ct., 141 S. Ct. 1017 (2021), and Luciano v. SprayFoamPolymers.com, LLC, No. 18-0350, 2021 WL 2603840 (Tex. Jun. 25, 2021), which recently clarified the boundaries of specific personal jurisdiction and, in particular, the required nexus between a defendant’s in-state conduct and a plaintiff’s claims. You can read the opinion in Cirrus Design Corp. v. Berra, No. 04-20-00399-CV, — S.W.3d —, 2021 WL 3742683 (Tex. App.—San Antonio Aug. 25, 2021, no pet. h.), here.
DP&S is proud to announce that Kirk Pittard and Rick Thompson are, once again, selected to be among the Best Lawyers in America, in the Appellate Practice category.
DP&S is proud to announce that it has elevated Roz Bienvenu to the position of partner! Roz, now a partner in DP&S’s Santa Fe office, has worked with Justin Kaufman since 2015 and has been an instrumental part of not just the Santa Fe office, but the firm’s entire practice since 2018. We are so appreciative of all of Roz’s hard work and dedication to our clients, and we look forward to her continued success in her new role.
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.
We are proud to announce that, on June 1, 2021, Lauren Harbour joined DP&S’s Houston office. Lauren brings significant appellate and litigation experience, having first clerked for the Texas Supreme Court before focusing on complex commercial and insurance litigation, and appeals. Lauren was named a Texas Monthly “Rising Star” from 2017-2019.
Lauen is a 2009 graduate of South Texas College of Law where she was not only an Assistant Articles Editor on the South Texas Law Review, but also a member of the Varsity Moot Court team, where she received numerous best brief and best orator awards. The National Association of Women Lawyers even named Lauren “Outstanding Student of the Year” in 2009. Since then, Lauren has been elected to the Board of Directors for the Houston Young Lawyers’ Association, is a member of the Houston Young Lawyers’ Foundation, and serves on the Pro Bono committee for Houston Bar Association’s Appellate section.
Welcome to the firm, Lauren!
Congratulations to Kirk Pittard who was named “Best Lawyer” in the Appellate category by D Magazine for 2021. This is Kirk’s 11th year to be named to the list.
Congratulations to Thad Spalding and trial counsel Jon Hanna, Robert White, and Greta Braker, who successfully convinced the El Paso Court of Appeals that summary judgment based on the Workers’ Compensation Act’s exclusive remedy provision was not proper because of fact issues as to whether killed and injured passengers’ travel from a drilling site to a bunkhouse originated in or related to Amerimex’s business. Amerimex, who previously argued that its driver who caused the crash was not in the course and scope of his employment with them, claimed that the passengers—also Amerimex employees—were in the course and scope of their employment with the company. The El Paso Court of Appeals determined that even if the driver may have been in the course and scope of his employment, that did not mean the passengers were too, given that the passengers were not paid for their travel time to the bunkhouse, were not even required to stay in the bunkhouse, and were not on the clock after they left the drill site. You can see Thad’s oral argument here, and read the court of appeals opinion here.
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” in the Appellate category, and one of only four in New Mexico.
This is Caren Friedman‘s 15th year to be named a “Super Lawyer” in the Appellate category. Caren is one of only seven New Mexico attorneys, and the only one from Santa Fe, to be named to the list.
Justin Kaufman was named a “Super Lawyer” in the Plaintiff’s Products Liability category. This is Justin’s 5th year to be named to the list, and he is one of only two New Mexico attorneys, and the only Santa Fe attorney, to be listed in this category.