Leighton Durham | Partner
Leighton Durham is a founding partner and specializes in civil appeals and litigation support in both state and federal court. Leighton also handles transnational litigation and contract negotiation, having drafted and negotiated contracts involving natural resource mining throughout the world. Leighton is also routinely called on to evaluate and manage complex multinational litigation.
Leighton graduated first in his class from Texas Wesleyan School of Law (now known as the Texas A&M University School of Law) in 1999 where he was a member of the Texas Wesleyan Law Review. He then served as a briefing attorney for retired Justice John Ovard on the Dallas Court of Appeals and as a senior law clerk for Federal Judge Ed Kinkeade.
Before establishing this firm in 2004, Leighton worked in the appellate group of Waters & Kraus, LLP, where he handled cases on appeal and provided trial support and substantive legal briefing. Leighton also had his own trial docket of toxic tort cases at Waters & Kraus, one of which he tried to a $3.6 million verdict.
Texas Monthly has awarded Leighton the honor of being named a Rising Star in appellate law for 2006, and from 2008-2012. Leighton has since been named a Super Lawyer in appellate law by Texas Monthly from 2013-2020. Leighton has served as lead appellate counsel on numerous appeals and briefed and argued substantive motions, including motions for summary judgment, forum non conveniens, Havner expert witness motions, jury charges, post-trial motions, motions for remand, and motions to dismiss.
Leighton is licensed to practice law in both Texas and New Mexico.
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Brazos Contractors Dev., Inc. v. Jefferson, 596 S.W.3d 291 (Tex. App.—Houston [14th Dist.] 2019, no pet. h.)
Successfully affirmed $2.15m verdict, with court of appeals upholding jury finding of negligence based on general contractor’s retention of contractual control over subcontractor, even where jury found that general contractor did not retain actual control. Court of appeals also upheld jury’s “no” answer to the plaintiff’s contributory negligence and past and future medical expenses.Wright v. Menta, No. 05-15-00272-CV, 2016 WL 3141578 (Tex. App.—Dallas June 6, 2016, pet. denied) (mem. op.)
Affirming arbitration award and rejecting argument that arbitration award should be vacated based on manner in which attorney’s fees records were submitted, and rejecting argument that award regarding interest in patents was unenforceably vague.Harlingen Med. Ctr. Ltd. P’ship v. Andrade, No. 13-14-0700-CV, No. 13-15-0119-CV, 2016 WL 1613297 (Tex. App.—Corpus Christi April 21, 2016, pet. dismissed)
Affirming trial court’s ruling refusing to dismiss medical malpractice case based on the defendants’ challenge to the Chapter 74 expert reports.Archer v. Tunnell, No. 05-15-00549-CV, 2016 WL 519632 (Tex. App.—Dallas Feb. 9, 2016, no pet.) (mem. op.)
Dismissing interlocutory appeal, originating from claim that collision with cow owned by a former doctor was really a health care liability case that required a Chapter 74 expert report, and sanctioning doctor and his attorney for refusing to dismiss frivolous appeal.RJ Meridian Care of Alice, Ltd. v. Robledo, No. 04-14-00195-CV, 2014 WL 2917669 (Tex. App.–San Antonio, June 19, 2014, no pet.) (mem. op.)
Dismissal of interlocutory appeal challenging Chapter 74 expert report for want of jurisdiction in a medical malpractice case. -
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!DP&S turns 20!
On December 28, 2003, Leighton Durham and Kirk Pittard started a law firm concept in Dallas that did not yet exist—an appellate boutique. They decided to focus on what they did best– handling appeals as well as substantive motion practice, legal issues, and litigation support at the trial level—and would do so for medium to smaller sized law firms, with a particular emphasis on contingency fee work. Fast forward 20 years . . . that dream and vision now consists of 14 attorneys in three cities across Texas and New Mexico.Congratulations to our 2022 Texas Super Lawyers!
Congratulations to DP&S Dallas partners Leighton Durham, Kirk Pittard, Thad Spalding, and Rick Thompson who were, once again, named “Super Lawyers” in the Appellate category by by Super Lawyers Magazine, a Thomson Reuters publication, for 2022.DP&S named to “Best Lawyers” 2022 “Best Law Firms” List!
DP&S is proud to announce that it has been named to the “Best Lawyers” 2022 “Best Law Firms” list as a “Tier 1” firm–the highest ranking available–in the Dallas/Fort Worth area in Appellate Practice! According to U.S. News–Best Lawyers® “Best Law Firms,” “[a]chieving a tiered ranking . . . signals a unique combination of quality law practice and breadth of legal expertise. Ranked firms, presented in three tiers, are recognized on a national and regional-based scale. Firms that received a tier designation reflect the highest level of respect a firm can earn among other leading lawyers and clients from the same communities and practice areas.” -
Common Mistakes Even the Best Lawyers Make
Houston Trial Lawyers Association Lunch CLE (September 10, 2014)Court’s Charge on Damages Issues
State Bar of Texas CLE, Damages in Civil Litigation 2014 (February 6-7, 2014)
View PresentationCommon Mistakes Even the Best Lawyers Make
Texas Trial Lawyers Association, Dallas Advocates Lunch CLE (06/25/11)Expanding Mandamus Jurisprudence: Navigating an Increasingly Indefinite Standard of Review
State Bar of Texas, 32nd Annual Advanced Civil Trial Course, San Antonio (July 29-31, 2009)
Read ArticleWhat Good Is Appellate Counsel?
Vol. 1, Issue 4, Dallas Trial Lawyers Association: The Front Line (March 1, 2005)
Read Article
Phone: (214) 946-8000
Fax: (214) 946-8433
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Mailing address:
P.O. Box 224626, Dallas, TX 75222
Physical address:
2223 W. Jefferson Blvd., Dallas, TX 75208