DP&S is pleased to announce that our Santa Fe partner, Rosalind B. Bienvenu, has taken the helm of the New Mexico State Bar Appellate Practice Section. Roz will serve as the President of the Board of Directors for a one-year term in 2022. She will bring to the Section her exceptional skills as an appellate practitioner, and we wish her well!
DP&S is pleased to announce that, beginning January 3, 2022, Shelby White joined the firm’s Dallas office. Shelby brings a wealth of appellate experience to the firm, having spent three years with the Tarrant County District Attorney’s Appellate Section where she served as lead attorney in over 50 appeals. Before that, Shelby was with the appellate and litigation section of Harris, Finley & Bogle, PC in Fort Worth where she worked on commercial cases at the state and federal level in Texas, Oklahoma, and Pennsylvania, and briefed appeals to the Texas Supreme Court, the Fifth Circuit Court of Appeals, and numerous intermediate appellate courts. Shelby is a graduate of Baylor undergraduate and law schools, a past board member of the Tarrant County Young Lawyers Association, a past president of the Tarrant County Bar Association’s Appellate Section, where she still serves on the section committee, and a top attorney according to Fort Worth Magazine since 2015. Shelby will be an excellent addition to our team.
Congratulations to Cynthia Huerta, David Glenn, Reed Morgan, Jake Glenn, and Kirk Pittard for getting a $1,265,000 jury verdict in Johnson County 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.
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.” You can view all of the selected firms–including ours–and the method of selection, here.
Congratulations to DP&S Santa Fe partner, Caren Friedman, who, along with trial counsel Kristina Martinez, successfully convinced the New Mexico Court of Appeals to reverse the final decree in a domestic relations case. Representing the Mother in this custody dispute, DP&S argued that the district court violated the Rules of Civil Procedure by failing to conduct a hearing on her objections to a domestic relations hearing officer’s recommendations. In a formal published Opinion, the Court of Appeals stated that “Mother’s interpretation [of the rule] is the most plausible expression of the drafter’s intent, and we adopt it here.” The Court observed that while hearing officers may assist the district court in determining factual and legal issues, “the core judicial function must always be performed by the judge.” Because the district court did not address the merits of Mother’s objections, the Court concluded that the hearing was “insufficient to satisfy the requirements” of the rule. The Court of Appeals remanded the case with instructions for the district court to conduct a hearing on the merits of Mother’s objections. You can read the opinion in Rawlings v. Rawlings here.
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.