Congratulations to DP&S attorney, Shelby White, who won another qualified immunity appeal to the Fifth Circuit. The appeal was by two police officers who used excessive force to remove and arrest a student at a high school basketball game. The trial court denied the officers’ claim of qualified immunity because of material fact disputes between the officers’ and student’s version of events. On appeal, the Fifth Circuit affirmed the trial court’s ruling, finding that video of the incident did not conclusively establish that the officers’ use of force was reasonable, and that the law clearly prohibited use of the level of force against a teenager who was “not committing a crime, not a threat to others, and not resisting or attempting to flee the police.” You can read the opinion here.
Congratulations to Santa Fe partner and Chair of the New Mexico State Bar Appellate Practice Section, Rosalind Bienvenu, who moderated the Appellate Judges Candidate Forum on October 18.
The Forum featured nine candidates for seats on the New Mexico Supreme Court and the New Mexico Court of Appeals, including Justice Julie J. Vargas, Justice Briana H. Zamora, Judge Katherine A. Wray, and Judge Gerald E. Baca. The Forum, which was open to the public, provided an opportunity for the judicial candidates to answer questions designed to familiarize voters with their backgrounds and philosophies. The Forum can be viewed on the New Mexico State Bar’s YouTube page.
Congratulations to DP&S attorney, Shelby White, who–along with Thad Spalding, and trial attorney, Daryl Washington–successfully reversed a summary judgment order granting qualified immunity to a police officer. The case involved the fatal shooting of Tavis Crane by Arlington police officer Craig Roper after Crane was stopped when his toddler threw a candy wrapper out of the car window. The trial court granted summary judgment to Officer Roper on the basis of qualified immunity, finding that case law precedent built qualified immunity “into a nearly insurmountable obstacle.” On appeal, the Fifth Circuit found that there were fact issues that needed to be decided by a jury as to whether Roper acted used reasonable force, considering–among many other facts–the speed that Roper resorted to using deadly force. As such, the Court reversed summary judgment and remanded the claims against Officer Roper and the City of Arlington to the district court for trial. You can read the opinion here, and a Dallas Morning News article about the case here.
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.
On September 9, 2022, Santa Fe Partner Rosalind Bienvenu, current Chair of the Board of Directors of the New Mexico State Bar’s Appellate Practice Section, moderated the Section’s 33rd Annual Appellate Practice Institute, a daylong webinar featuring distinguished panel members from the appellate bench and bar. The Institute addressed topics such as United States Supreme Court jurisprudence, recent developments in New Mexico appellate practice, best practices for appellate briefing and oral argument, and working with trial counsel to prepare for appeal.
DP&S is pleased to announce that Phil Kovnat has joined the firm as an attorney in the Santa Fe Office. Phil comes to us from the U.S. Equal Employment Opportunity Commission in Washington, D.C. and Philadelphia where he was an appellate and trial attorney handling all phases of litigation. Phil also worked closely with the Office of the Solicitor General and other offices within the Department of Justice on certiorari-level and merits-stage proceedings in the U.S. Supreme Court. Before joining the EEOC, Phil served as a law clerk to the Honorable Bruce D. Black in the United States District Court for the District of New Mexico, and then went on to clerk for the Honorable Dolores K. Sloviter of the United States Court of Appeals for the Third Circuit. Phil obtained his law degree from American University-Washington College of Law, where he served on the American University Law Review and the Washington College of Law Moot Court Honor Society, and is licensed to practice in the State of New York, as well as the United States Supreme Court, and the United States Courts of Appeals for the Third, Fourth, Fifth, Seventh, Ninth, Tenth, and D.C. Circuits.
Congratulations to Jeffrey Pitman and Benjamin Reyes of Pitman, Kalkhoff, Sicula & Dentice on their victory in the New Mexico Court of Appeals. Mr. Pitman and Mr. Reyes, along with Feliz Rael of The Law Offices of Feliz A. Rael, and Keller & Keller, successfully defended an $11 million jury verdict on appeal in a nursing home wrongful death case. In a published opinion, the Court of Appeals rejected the defendants’ bid to overturn the verdict and procure a new trial and, on cross-appeal, reinstated a jury finding that the various defendant-entities operated as a joint venture, making them all responsible for the nursing home’s conduct. DP&S partners Justin Kaufman and Caren Friedman assisted with the appellate strategy and briefing.
DP&S is proud to announce that Kirk Pittard is, once again, one of the Best Lawyers in America, in the Appellate Practice category.
Congratulations to DP&S partners Dana Levy and Kirk Pittard on back-to-back wins in the Texas Supreme Court!
On May 6, 2022, Dana 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. In E.D. v. Tex. Health Care, P.L.L.C., No. 20-0657, — S.W.3d —, 2022 WL 1434658 (Tex. May 6, 2022), the Texas Supreme Court held that the expert report was sufficient, confirming that Chapter 74’s “‘fair summary’ benchmark is not an evidentiary standard.” You can read a Law360 article about Dana’s case here.
The following week, Kirk Pittard successfully reversed a court of appeals’ opinion dismissing an appeal on jurisdiction grounds. In Mitschke v. Borromeo, No. 21-0326, — S.W.3d —, 2022 WL 1510317 (Tex. May 13, 2022), the Texas Supreme Court overruled Philbrook v. Berry, 683 S.W.2d 378 (Tex. 1985), and clarified that (1) a motion for new trial filed in the original cause is sufficient to extend the appellate deadlines in a severed, final judgment, and (2) the application of stare decisis generally and in cases transferred from one court of appeals to another. You can read a Law360 article about Kirk’s case here.
Congratulations to DP&S partner, Kirk Pittard, who, for the 11th year, was named “Best Lawyer” in the Appellate category by D Magazine for 2022.