Congratulations to Tammy Holt who successfully defeated a Mandamus Petition filed by a Defendant claiming that In re North Cypress entitled him to broad medical expense discovery and claiming that the doctor’s objections should  be overruled because (1) he sought the amounts actually reflected as payment in full on the doctors’ books (as opposed to seeking insurance reimbursement rates), and (2) the parties subpoenaed were experts because they were testifying regarding future medical expenses.  In denying the petition, the court held that In Re North Cypress was “readily distinguishable” did not allow discovery “of the fees charged and accepted from other patients for the same medical services that were provided or recommended to the plaintiff.”  You can read the 13th Court’s opinion here.

Congratulations to Lana Beverly who, along with trial counsel, Brian Steward, successfully defended the medical expert report by a radiologist who testified regarding another radiologist’s failure to diagnose the plaintiff’s breast cancer. On appeal, Lana persuaded the court that the expert radiologist was qualified to provide a causation opinion regarding the delayed cancer diagnosis and that the expert radiologist’s opinion that the delayed diagnosis permitted the progression of metastatic disease was adequate to satisfy the causation standard for purposes of Chapter 74.  You can read the Court’s opinion here.

DP&S was in the Texas Supreme Court twice this week!  Thad Spalding, along with co-counsel, Tex Quesada, argued Tuesday on behalf of an injured worker in a case dealing with a general contractor’s right of control over a worksite.  You can see the argument here.  The next day, Kirk Pittard argued a case addressing medical record affidavits and the standards applicable to counter-affidavits under a Texas statute.  You can see Kirk’s argument here.

Congratulations to DP&S’s Santa Fe partner, Caren Friedman, on her victory in the New Mexico Court of Appeals in a domestic relations appeal arising under the Uniform Child Custody Jurisdiction and Enforcement Act.  The appeal raised six issues, and the Court unanimously affirmed the judgment, including an attorney fee award.

Congratulations to DP&S’s Santa Fe partner, Caren Friedman, who presented argument on behalf of the Appellant in the New Mexico Supreme Court on January 15, 2021.  The case is a direct appeal to the Supreme Court under the New Mexico Constitution because the Appellant was sentenced to life imprisonment.  Caren argued for the reversal of a first-degree murder conviction on constitutional and evidentiary grounds.  You can listen to Caren’s argument here.

Congratulations to Rick Thompson who, along with co-counsel Matthew Butler, successfully defeated an effort by a solid waste operator to challenge to Westlake’s authority to impose a license fee on all commercial solid waste operators within the town.  You can read Rick and Matthew’s briefing here, and the Fort Worth Court of Appeals opinion here.

Congratulations to Tammy Holt, who–on a motion for rehearing–convinced a panel of the Dallas Court of Appeals 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.  Rejecting 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,”  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.  You can read Tammy’s motion here, and the court of appeals opinion here.

Congratulations to DP&S associate, Lana Beverly, who along with trial counsel Steve Laird and Seth McCloskey, successfully defeated State Farm’s mandamus petition in the Fort Worth Court of Appeals.  Lana convinced the court of appeals that the trial court was correct when it allowed discovery to be conducted regarding State Farm’s claims-handling process and procedures related to its uninsured/underinsured Motorist coverage and was not prohibited by the Texas Supreme Court’s opinion in Brainard.  You can read Lana’s briefing here and the court’s opinion here.

Congratulations to DP&S partner, Caren Friedman, who prevailed before the New Mexico Supreme Court!  Caren represented individuals whose appeal was dismissed by the New Mexico Court of Appeals as untimely.  Caren successfully convinced the New Mexico Supreme Court to reinstate Plaintiffs’ appeal.  The Supreme Court held that the Court of Appeals improperly gave “greater weight to procedural formalities than to basic rights of appeal” and should have deferred to the district court’s decision to grant an extension of the Plaintiffs’ notice of appeal deadline based on excusable neglect.  You can read the opinion here.

Congratulations to DP&S’s Santa Fe Partner, Caren Friedman, who was named a Southwest (New Mexico and Arizona) “Super Lawyer” in the Appellate category for 2020.  This is Caren’s 14th year to be included on this list, and she is one of only five New Mexico attorneys to be included in the Appellate category.