Mitschke v. Borromeo, 645 S.W.3d 251 (Tex. 2022)
Overruling Philbrook v. Berry, 683 S.W.2d 378 (Tex. 1985), and clarifying that a motion for new trial filed in the original cause is nonetheless sufficient to extend the appellate deadlines in a severed, final judgment, and clarifying the application of stare decisis generally and in cases transferred from one court of appeals to another.

$1,265,000 FELA jury verdict in Johnson County against BNSF Railroad
Congratulations to Cynthia Huerta, David Glenn, Reed Morgan, Jake Glenn, and Kirk Pittard for their $1,265,000 jury verdict in Johnson County late on November 23, 2021. They represented a plaintiff who had worked for BNSF railroad for 37 years until he injured his knee and back while on the job.

$19 million settlement in double-fatality trucking case
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.

Murphy v. Arcos, 615 S.W.3d 676 (Tex. App.—Dallas 2020, pet. denied)
On motion for rehearing en banc, successfully convinced panel to reverse itself and award Plaintiffs the total damages ($1,070,050) awarded by jury, rather than a drastically reduced amount ($200,000) based on the amount originally pled. The court of appeals rejected its original position that the Plaintiffs’ attempt to amend its petition to be consistent with the jury’s verdict was an impermissible attempt to amend the pleadings “post-judgment.” A matter of first impression, the court of appeals adopted “the more reasonable view” that, because Plaintiffs sought leave to amend their petition before the Amended Final Judgment was signed, the amended pleading was timely.

In re State Farm Mut. Auto. Ins. Co., 614 S.W.3d 316 (Tex. App.- Fort Worth 2020, orig. proceeding)
Denial of State Farm’s mandamus petition seeking to avoid discovery in the uninsured/underinsured motorist context. In doing so, the court of appeals discusses at length the distinction between a breach of contract claim against the UM/UIM insurer and common law or statutory claims for breach of duties of good faith and fair dealing. Noting a distinction based on the historical development of the claims and their accrual, the court of appeals found that Brainard does not foreclose such claims. Rather, another line of cases, beginning with the Texas Supreme Court’s opinion in Arnold (and modified later by Murray), which hold that the insurer’s duties of good faith and fair dealing can accrue prior to a judgment that would trigger the insurer’s contractual liability, controls and allows such claims, and supported the trial court’s order compelling discovery related to the insurer’s claims-handling practices.

More Significant Victories ⤏

Congratulations to our 2024 Texas Super Lawyers!
Five of our talented attorneys have been selected to the prestigious 2024 Texas Super Lawyers list, an accolade reserved for the top 5% of lawyers in the state. Congratulations to Kirk Pittard, Thad Spalding, Leighton Durham, Rick Thompson, and Lara Hollingsworth for this much-deserved honor! Dallas partner, Kirk Pittard, was also included in the Top 100 for Dallas/Fort Worth!

Kirk Travels the State on the Speaking Circuit!
This month, DP&S partner Kirk Pittard traveled around Texas on the speaking circuit delivering presentations on Legal Issues Related to Non-Economic Damages: Gregory v. Chohan to the San Antonio Trial Lawyers Association, Effective Use of Appellate Counsel on Your Trial Team to the Corpus Christi Bar Association, and Ethical Issues in Contracting Appellate Counsel to the Appellate Section of the State Bar of Texas.

Kirk Pittard is a “Best Lawyer” again for 2023!
DP&S is proud to announce that Kirk Pittard is, once again, one of the Best Lawyers in America, in the Appellate Practice category.

Back-to-Back Wins in the Texas Supreme Court!
On May 6, 2022, Dana Levy successfully reversed a court of appeals’ opinion that the plaintiff’s expert report failed to satisfy Chapter 74 of the Texas Civil Practice and Remedies Code. The following week, Kirk Pittard successfully reversed a court of appeals’ opinion dismissing an appeal on jurisdiction grounds.

Kirk Pittard featured in Docket Call!

Congratulations to Kirk Pittard who was featured in the Summer 2022 edition of Baylor Law School’s Docket Call.

More News Stories ⤏

What to Make of Proving and Challenging Non-Economic Damage Recoveries After Gregory v. Chohan
co-author(s): and Elizabeth “Heidi” Block
State Bar of Texas – Appellate Section Lunch & Learn CLE, December 13, 2024

What you need to know from Gregory v. Chohan
South Plains Trial Lawyers Association Lunch, Lubbock Texas, October 16, 2024

What to Make of Proving and Challenging Noneconomic Damage Recoveries after Gregory v. Chohan
co-author(s): and Elizabeth “Heidi” Block
Advanced Civil Appellate Practice course, Austin, Texas, September 6, 2024

Legal Issues Related to Non-Economic Damages: Gregory v. Chohan
San Antonio Trial Lawyers Association Membership Lunch, San Antonio Texas, April 18, 2024

Effective Use of Appellate Counsel on Your Trial Team
2024 Advance Civil Trial Seminar, The Ultimate Trial Notebook from the Masters, Corpus Christi Bar Association, Corpus Christi Texas, April 12, 2024

Ethical Issues in Contracting Appellate Counsel
co-author(s): and Brandy Wingate Voss
Appellate Practice Outreach, Appellate Section of State Bar of Texas, Texas Tech University School of Law, Lubbock Texas, April 11, 2024

Legal Issues Related to Non-Economic Damages: Gregory v. Chohan
TTLA 2023 Annual Meeting CLE, Austin Texas, November 3, 2023

Constitutional Issues and Implications of Gregory v. Chohan
co-author(s): with Elizabeth M. Fraley, James E. Wren and R. Jack Ayres, Jr.
Virtual Roundtable Discussion, Baylor Law School, October 11, 2023

Trial Masters LIVE!
Texas Trial Lawyers Association 2023 Midyear Conference & CLE Seminar, Houston, Texas, June 7-9, 2023

Building a Winning Combination: The Benefits of an Appellate Lawyer on Your Trial Team
co-author(s): with Honorable Dori Contreras and Brian C. Miller
State Bar of Texas 18th Annual Course Soaking Up Some CLE, South Padre Island, Texas, May 11-12, 2023

Tips and Tools for Serving as the Appellate Attorney on Your Trial Team
co-author(s): with Hon. Dori Contreras and Brian C. Miller
State Bar of Texas 18th Annual Course Soaking Up Some CLE, South Padre Island, Texas, May 11-12, 2023

Jury Charge Issues: Willful and Wanton Negligence, Mental Anguish, and More
co-author(s): Honorable Kyle Carter, Chastiti Horne
State Bar of Texas 29th Annual Advance Medical Torts, San Antonio, Texas, March 23-24, 2023

Liability for Emergency Medical Care Under the Revised Statue
State Bar of Texas 29th Annual Advance Medical Torts, San Antonio, Texas, March 23-24, 2023

Getting Back to Trial: Preparing for Appeal Throughout Litigation
Texas Trial Lawyers Association 2022 Mid-Year Conference & CLE, June 1-3, 2022

Welcome to the Jungle: Proving up medical bills after In re Allstate & In re K&L Auto Crushers
co-author(s): with Morgan McPheeters
Dallas Trial Lawyers Association, May 18, 2022

Can’t We All Just Be Reasonable When it Comes to 18.001?
co-author(s): with Hon. Daryl Moore and Kevin Yankowsky
State Bar of Texas, Advanced Trial Strategies, New Orleans, Louisiana, March 3-4, 2022

Serving as Appellate Counsel on a Trial Team
co-author(s): with D. Todd Smith and Jody Sanders
Texas Appellate Law Podcast (February 17, 2022)
Read Article

Tips and Tools for Serving as the Appellate Attorney on Your Trial Team
Dallas Bar Association Appellate Law Section (February 17, 2022)
Read Article

Tips and Tools for Serving as the Appellate Attorney on Your Trial Team
co-author(s): and the Honorable Dustin M. Howell
Advanced Civil Appellate Practice, State Bar of Texas, Austin, Texas (December 3, 2021)
Read Article

Observations From an Appellate Attorney at Trial
2021 Advanced Tactics and Strategies, Texas Trial Lawyers Association, Santa Fe, New Mexico (September 10, 2021)

Liability for Emergency Medical Care Under the Revised Statute
27th Annual Advanced Medical Torts, State Bar of Texas (March 25-26, 2021)

Elections Have Consequences: The New Landscape in the Texas Courts of Appeals
co-author(s): and Kent Rutter
Tarrant County Trial Lawyers Association, Fort Worth, Texas, February 26, 2020

7 Reason We Need Appellate Counsel at Trial: Preservation of Error and Other Good Stuff
Texas Trial Lawyers Association, Fort Worth, Texas, November 7, 2019

Recovery of Medical Expenses Under Texas Civil Practice & Remedies Code § 41.0105 – The Paid or Incurred Statute
51 Tex. Tech L. Rev. 731 (Summer 2019)
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Observations from an Appellate Attorney at Trial: Preservation of Error and Other Good Stuff
Houston Trial Lawyers Association, Houston, Texas (August 2018);
San Antonio Trial Lawyers Association, San Antonio, Texas (June 2018);
Tarrant County Trial Lawyers Association, Fort Worth, Texas (February 2018)

Submission of Pain and Suffering and Mental Anguish in the Jury Charge
The Advocate (State Bar Litigation Section Report-Vol. 77, Winter 2016)
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The Review of New Trial Orders on Appeal
Vol. 40, No. 5, Dallas Bar Association: Headnotes (May 2015)
Read Article

Recovery of Medical Expenses
State Bar of Texas CLE, 22nd Annual Advanced Medical Torts Course, San Antonio (March 12-13, 2015)
Read Article

Recovering Medical Expenses in Personal Injury Cases
co-author(s): with Michael Yanof and Cassie Dallas
State Bar of Texas CLE, Damages in Civil Litigation 2014 (February 6-7, 2014)
Read Article

Panel Discussion Regarding the Jury Charge and Charge Conference
co-author(s): with Judge Tonya Parker and Jody Rudman
Dallas Bar Association Trial Academy, Dallas, Texas (July 26, 2013)

Preservation of Error for Appeal
co-author(s): with Judge Mark Greenberg, Steve Gibson and Scott Stolley
Dallas Bar Association Tort & Insurance Practice Section, Dallas, Texas (July 9, 2013)

Chapter 74 Pleadings and Motions…Not as Simple as You Might Think
co-author(s): Jennifer King
State Bar of Texas, 20th Annual Advanced Medical Torts, San Antonio, Texas (March 14, 2013)
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Escabedo Decision: Navigating the Recovery of Medical Damages in a Personal Injury Case
University of Texas School of Law, Insurance Law Institute, Austin, Texas (October 18, 2012)

Escabedo Decision: Navigating the Recovery of Medical Damages in a Personal Injury Case
Fort Bend County Bar Association, Sugarland, Texas (August, 30, 2012)

Escabedo Decision: Navigating the Recovery of Medical Damages in a Personal Injury Lawsuit
Soaking Up Some CLE, State Bar of Texas CLE (May 17-18, 2012)
Read Article

Trends in Rulings by the Texas Courts of Appeals
Dallas Bar Association, Appellate Section (May 17, 2012)

Escabedo Decision: Navigating the Recovery of Medical Damages in a Personal Injury Case
Denton County Bench Bar Conference, Pottsboro, Texas (May 01, 2012)

Escabedo Decision: Navigating the Recovery of Medical Damages in a Personal Injury Lawsuit
Advanced Evidence and Discovery, State Bar of Texas CLE (April 26-27, 2012)
Read Article

The Long, Long Road of Paid or Incurred
co-author(s): , Dan Worthington, and Milton C. Colia
Texas Association of Defense Counsel, Inc., 2012 Spring Meeting, Santa Fe, New Mexico (April 25, 2012)

Paid or Incurred after Escabedo
Permian Basin Trial Lawyers Association, Odessa, Texas (03/15/12)

Guest commentator, KTSA 550AM, regarding the Texas Supreme Court’s opinion in Haygood v. Escabedo concerning recovery of past medical expenses in civil cases
Justice for All – The Wyatt Wright Show (January 22, 2012)

Paid or Incurred after Escabedo
San Antonio Trial Lawyers Association, San Antonio, Texas (12/15/11)

What Every Young Lawyer Needs to Know About…Mandamus Practice
Dallas Association of Young Lawyers, Dallas, Texas (December 14, 2011)

Paid or Incurred After Escabedo
co-author(s): and Andy Payne
Texas Trial Lawyers Association, Advanced Personal Injury Seminar, Houston, Texas (December 1, 2011)

Legal Symposium for the Dallas Judiciary Regarding Paid or Incurred after Escabedo
co-author(s): with Andy Payne, Dan Worthington and Ken Riney
Dallas, Texas (October 13, 2011)

Escabedo/Paid vs Incurred
Road Rules Dallas: A Crash Course Car Wrecks Seminar, Dallas, Texas (October 6, 2011)

Legislative Update and the Escabedo Case
co-author(s): with Paula Sweeney, Tex Quesada, Brian Lauten, Dick Sayles, Mary Margaret Black and William Toles
Dallas Bar Association, Tort & Insurance Practice Section, Dallas, Texas (October 4, 2011)

Paid or Incurred after Escabedo
East Texas Trial Lawyers Association, Longview, Texas (September 21, 2011)

The Economics of Appeals: Fee Arrangements (including Alternative Arrangements) for Appellate Counsel
co-author(s): with Jeff Levinger, Oscar Rey Rodriguez, John Torres
State Bar of Texas, Appellate Section, Dallas, Texas (June 17, 2011)

Limitations and Repose: Molinet, Rankin, Walters & Offenbach
Texas Trial Lawyers Association Annual Meeting, Medical Malpractice Seminar, Austin, Texas (June 2, 2011)

Liability for Health Care Providers Under the Emergency Medical Care Statute
State Bar of Texas, Santa Fe, New Mexico (March 17, 2011)

How Appellate Counsel Can Add Value to Your Case Throughout Litigation
Mississippi Association for Justice, New Orleans (June 11, 2010)

Paid or Incurred: What’s Happened, and What’s on the Horizon
El Paso Trial Lawyers Association, El Paso, Texas (March 18, 2010)

Liability for Health Care Providers Under the Emergency Medical Care Statute
State Bar of Texas, Santa Fe, New Mexico (March 17, 2010)

What Every Young Lawyer Should Know About Legal Writing
co-author(s): with Justice Mary Murphy and Talmage Boston
Dallas Association of Young Lawyers (March 10, 2010)

The Rogue Ice Cube: What Texas Supreme Court Legal Sufficiency Review Means for Your Practice
Texas Trial Lawyers Association, Las Vegas, Nevada (February 26, 2010)

FAA Airman Enforcement Actions 101
RFC Dallas Flying Club, Addison, Texas (April 21, 2009)

The Fallibility of Eyewitness Testimony and the Texas Innocence Project
co-author(s): , et. al.
Patrick E. Higginbotham American Inn of Court, Dallas, Texas (April 15, 2009)

Appellate Tips for Trial Attorneys
Vol. 33, No. 4 Dallas Bar Association: Headnotes (April 1, 2009)

Paid or Incurred: Recovery of Medical Expenses
East Texas Trial Lawyers Association, Jefferson, Texas (March 26, 2009)

Paid or Incurred: Recovery of Medical Expenses
The University of Texas School of Law, 2008 The Car Crash Seminar, Austin, Texas (August 15, 2008)

How Appellate Counsel Can Add Value to Your Case Throughout Litigation
Houston TTLA Advocates (May 28, 2008)

Removal and Remand
Texas Association of Legal Professional 53rd Annual Board Meeting and Education Conference (May 3, 2008)

Paid or Incurred: Recovery of Medical Expenses
Texas Trial Lawyers Association, Car Wrecks Seminar, 2007 Annual Conference, Austin Texas (November 29, 2007)

Legal and Factual Sufficiency Review After City of Keller
co-author(s): and O. Rey Rodriguez
Dallas Bar Association, Appellate Law Section (October 18, 2007)

Paid or Incurred: Recovery of Medical Expenses
San Antonio Trial Lawyers Association, San Antonio, Texas (October 18, 2007)

Paid or Incurred: Recovery of Medical Expenses
Tarrant County Trial Lawyers Association, Ft. Worth, Texas (October 10, 2007)

Removal and Remand
co-author(s): & Joshua Bernstein
Texas Advanced Paralegal Seminar, Dallas, Texas (October 4, 2007)

The Meaning and Application of HB 4’s “Paid or Incurred”
co-author(s): and Mike Huddleston
Dallas Bar Association, Torts and Insurance Practice Litigation Section (September 27, 2007)

Airmen Enforcement Actions 101 for Trial Attorneys.
American Association for Justice, Section Connection-Aviation Law, Vol. 15, No. 1 (Fall 2007)

How Appellate Counsel Can Add Value to Your Case Throughout Litigation
American Association for Justice 2007 Annual Convention (July 18, 2007)

How Can Appellate Counsel Add Value to Your Case Throughout Litigation?
American Association for Justice Annual Convention (June 29, 2007)

How Appellate Counsel Can Add Value to Your Case Throughout Litigation
El Paso County Trial Lawyers Association (June 28, 2007)

Removal and Remand
Texas Trial Lawyers Association, Advanced Personal Injury Seminar, Austin, Texas (May 31, 2007)

How Appellate Counsel Can Add Value to Your Case Throughout Litigation
Collin County Bench Bar Conference (April 20, 2007)

Paid or Incurred: Recovery of Medical Expenses
Collin County Bench Bar Conference (April 20, 2007)

Paid or Incurred: Recovery of Medical Expenses
Dallas Trial Lawyers Association and the Dallas Women Lawyers Association (January 25, 2007)

Dead or Alive: The Collateral Source Rule After HB4.
Vol. 37 The Advocate, Texas State Bar litigation Section (Winter 2006)

Paid or Incurred: Recovery of Medical Expenses
Texas Trial Lawyers Association Car Wrecks Seminar (November 30, 2006)

Paid or Incurred: Recovery of Medical Expenses
Tarrant County Trial Lawyers Association (October 25, 2006)

Paid or Incurred: Recovery of Medical Expenses
co-author(s): and Andrew L. Payne
Mesquite Bar Association (October 18, 2006)

Removal and Remand
Dallas Area Paralegal Association (October 3, 2006)

Paid or Incurred: Recovery of Medical Expenses
co-author(s): and Andrew L. Payne
South Plains Trial Lawyers Association (September 20, 2006)

Paid or Incurred: Recovery of Medical Expenses
co-author(s): and Andrew L. Payne
Capital Area Trial Lawyers Association (July 11, 2006)

Removal and Remand
co-author(s): & James E. Girards
Texas Trial Lawyers Association, Advanced Personal Injury Seminar, Houston, Texas (May 11-12, 2006)

Paid or Incurred: Recovery of Medical Expenses
co-author(s): and Andrew L. Payne
Dallas Trial Lawyers Association (March 16, 2006)

The Benefits of Retaining Appellate Counsel Throughout Litigation
Denton Trial Lawyers Association (February 16, 2006)

Preliminary Discovery: Plaintiffs’ Perspective
co-author(s): & Keith Patton
Harris Martin Benzene 101 Litigation Conference, San Antonio, Texas (February 2-3, 2006)

The Benefits of Retaining Appellate Counsel Throughout Litigation
co-author(s): and William Richard Thompson
Dallas Bar Associationâ Trial Skills Section (December 9, 2005)

The Benefits of Retaining Appellate Counsel Throughout Litigation
San Antonio Trial Lawyers Association (November 17, 2005)

The Benefits of Retaining Appellate Counsel Throughout Litigation
co-author(s): and William Richard Thompson
Dallas Bar Associationâ Friday Clinic (September 2, 2005)

The Benefits of Retaining Appellate Counsel Throughout Litigation
co-author(s): and William Richard Thompson
Capital Area Trial Lawyers Association (May 10, 2005)

The Benefits of Retaining Appellate Counsel Throughout Litigation
co-author(s): and William Richard Thompson
Tarrant County Trial Lawyers Association (April 27, 2005)

The Benefits of Retaining Appellate Counsel Throughout Litigation
co-author(s): and William Richard Thompson
Solo & Small Firm Section of the Dallas Bar Association (April 6, 2005)

What Good Is Appellate Counsel?
Vol. 1, Issue 4, Dallas Trial Lawyers Association: The Front Line (March 1, 2005)
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The Benefits of Retaining Appellate Counsel Throughout Litigation
co-author(s): and The Honorable Deborah Hankinson
Texas Trial Lawyers Association Annual Meeting (November 17, 2004)

Lawyer Referral Fees and Advertising: A Final Report From the State Bar
Vol. 28, No. 7 Dallas Bar Association Headnotes (July 1, 2004)

A View from the Bench-Differences Between State and Federal Court Practice
Vol. 28, No. 2 Dallas Bar Association: Headnotes (February 1, 2004)

Multidistrict Litigation: Texas Style
Vol. 28, No. 2 Dallas Bar Association: Headnotes (February 1, 2004)

Homeland Security: Plan Ahead Before Heading to Court

Vol. 27, No. 7 Dallas Bar Association: Headnotes (July 1, 2003)

Enforcement Procedures For the State Board For Education Certification and the Texas Educators’ Code of Ethics
co-author(s): , Neal W. Adams and Jon McCormick
Vol. 17, No. 9, Texas School Administrators’ Legal Digest (October 1, 2001)

Withstanding Batson Muster: What Constitutes a Neutral Explanation
50 Baylor L. Rev. 985 (Fall 1998)