Kirk L. Pittard, Partner

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Publications & Presentations

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)

The Review of New Trial Orders on Appeal

Vol. 40, No. 5, Dallas Bar Association: Headnotes (May 2015)

Recovery of Medical Expenses

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

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)

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)

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)

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)

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)

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)

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Significant Cases

Mancilla v. TaxFree Shopping, Ltd., No. 05-18-00136 (Tex. App.—Dallas Nov. 16, 2018, no pet. h.) (mem. op.)

Successfully defending trial court’s denial of an untimely motion to dismiss pursuant to the Texas Citizens’ Participation Act (the anti-SLAPP statute), finding the 60-day deadline to file the motion was not reset by an amended pleading that “d[id] not alter the essential nature” of the trade secret claim, “of which appellants had notice in the original petition.”

Pettway v. Olvera, No. 14-17-00532-CV, 2018 WL 4016949 (Tex. App.—Houston [14th Dist.] Aug. 23, 2018, no pet. h.) (mem. op.)

Approving sufficiency of expert’s report under Chapter 74, rejecting attack on “believability” of expert’s preliminary report, and holding that a board-certified orthopedic surgeon is qualified to offer an opinion as to the standard of care required of an emergency physician prescribing crutches, even though surgeon was not an emergency physician.

McCain v. Promise House, Inc., No. 05-16-00714-CV, 2018 WL 2042009 (Tex. App.—Dallas May 2, 2018, no pet.) (mem. op.)

Successfully reversed summary judgment in favor of insured and insurer after defense counsel assigned by insurer agreed to settlement of claims but insured withdrew consent, where insurance policy was a non-consent policy which gave insurer unilateral right to settle case and insured no right to consent or, in this case, withdraw consent.

SCI Texas Funeral Servs., Inc. v. Nelson, 540 S.W.3d 539 (Tex. 2018)

Holding that a funeral home owes a common law duty to a deceased’s next of kin to not mishandle the deceased’s body and that such a duty need not be based on the existence of a contract.

In re East Texas Med. Ctr., 12-17-00183-CV, 2017 WL 4675511 (Tex. App.—Tyler Oct. 18, 2017, orig. proceeding) (mem. op.)

Successfully defeating hospital’s mandamus petition challenging a trial court order taking judicial notice of administrative rules promulgated by the Texas Medical Board.

Smith v. Johnson, 05-16-01261-CV, 2017 WL 3275517 (Tex. App.—Dallas July 26, 2017, no pet.) (mem. op.)

Successfully defended medical providers’ appeal, challenging the plaintiff’s Chapter 74 expert reports in a case in which the medical providers’ negligence resulted in the amputation of the plaintiff’s leg.

D.A. v. Texas Health Presbyterian Hosp. of Denton, 514 S.W.3d 431 (Tex. App.—Fort Worth 2017, pet. filed)

Reversed and rendered judgment following permissive appeal, holding that section 74.153 of the Civil Practice and Remedies Code, which applies a lower “willful and wanton” standard of care to medical care provided in a hospital emergency room does not apply to medical care provided an expectant mother in an obstetrical unit.

In the Interest of H.S., a minor child, No. 02-15-00303-CV, 2016 WL 4040497 (Tex. App.—Fort Worth July 28, 2016, pet. granted) (mem. op.)

In suit affecting the parent-child relationship (SAPCR) in which grandparents sought managing conservatorship over the child, court of appeals concluded that the grandparents did not have standing to file the SAPCR because they did not have actual care and control over the child for the statutory required six months.

Luig v. North Bay Enters., Inc., 817 F.3d 901 (5th Cir. 2016).

In a breach of contract case arising out of the sale of a helicopter, the Fifth Circuit vacated the District Court’s sua sponte grant of summary judgment against the buyer on a notice of revocation/rejection of acceptance issue never raised by the seller, finding that the District Court abused its discretion by not considering the evidence of rejection or revocation presented by the buyer in its Rule 59(e) motion.

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.

In re State Farm Lloyds, No. 13-14-00616-CV, 2015 WL 6520998 (Tex. App.–Corpus Christi Oct. 28, 2015, orig. proceeding) (mem. op.)

Denying mandamus relief and requiring the production of electronically stored information in native or near native format.

Mitchell v. Satyu, No. 05-14-00479-CV, 2015 WL 3765771 (Tex. App.—Dallas June 17, 2015, no pet.) (mem. op.)

Reversing trial court’s dismissal of a medical malpractice case, concluding that trial court abused its discretion in doing so and that the Chapter 74 expert report sufficiently demonstrated a causal relationship between the physician’s negligence and the death of Mr. Mitchell.

In re Equipment Depot, Ltd., No. 14-0981 (Tex. Jan. 21, 2015)

Denial of emergency motion to stay and mandamus relief in a case in which the trial court granted a new trial based on its finding that the jury’s defense verdict was against the great weight and preponderance of the evidence.

Navarro v. Washington, No. 14-0499 (Tex. Nov. 21, 2014)

Successfully defeated petition for review in a medical malpractice case in Navarro v. Washington, 10-13-00248-CV, 2014 WL 1882763 (Tex. App.—Waco May 8, 2014, pet. denied) (mem. op.), which upheld the sufficiency of the patient’s expert doctors’ reports under Chapter 74.

In re Equipment Depot, No. 02-14-00154-CV (Tex. App.—Fort Worth Sept. 8, 2014, orig. proceeding) (mem. op.)

Denial of petition for mandamus when the defendant challenged the trial court’s new trial order which was based on the jury’s verdict being against the great weight and preponderance of the evidence.

In re H.E. Trans, No. 05-14-00340-CV, 2014 WL 2937497 (Tex. App.–Dallas June 26, 2014, orig. proceeding) (mem. op.)

Denial of petition for mandamus when the defendant challenged the trail court’s new trial order entered after the defendant asked the trial court to impose constitutional due process limitations to a punitive damages award.

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.

In re Fisher & Paykel Appliances, Inc., 420 S.W.3d 842 (Tex. App.—Dallas 2014, orig. proceeding)

Rejecting the self-critical analysis privilege and requiring the production of relevant reports in a products liability case.

Long v. Elliott, 416 S.W.3d 152 (Tex. App.–Eastland 2013, no pet.)

Requiring return of erroneously forfeited attorney’s fees.

Kelley & Witherspoon, LLP v. Hooper, 401 S.W.3d 841 (Tex. App.—Dallas 2013, no pet.)

Reversing jury verdict in legal malpractice case against law firm where client failed to present medical-expert testimony in support of damage causation

MBR & Associates, Inc. v. Lile, No. 02-11-00431-CV, 2012 WL 4661665 (Tex. App.—Fort Worth Oct. 4, 2012, pet. denied) (mem. op.)

Affirming a judgment for approximately $1 million based on findings of fraud, DTPA violations, and gross negligence, as well as a finding piercing the corporate veil, arising out of a contractor’s failed effort to repair a foundation that ruined a homeowner’s house.

Schrapps v. Pham, No. 09-12-00080-CV, 2012 WL 4017768 (Tex. App.—Beaumont Sept. 13, 2012, pet. denied) (mem. op.) (briefed response to Petition for Review)

Denial of petition for review in case challenging a Chapter 74 expert report in a medical malpractice case. 

Ashton Grove v. Jackson Walker, 366 S.W.3d 790 (Tex. App.—Dallas 2012, no pet.)

Reversing a summary judgment concluding that a law firm failed to prove that attorney’s fees of over $1 million for just over 2 months of work in representing a small business was reasonable and necessary under the Arthur Anderson factors.

Salas v. Chris Christensen Sys., Inc., No. 10-11-00107-CV, 2011 WL 4089999 (Tex. App.—Waco Sept. 14, 2011, no pet.) (mem. op.)

Upholding default judgment after death penalty discovery sanctions, actual and punitive damages, and enforceability of a non-compete agreement.

Capps v. Nexion Health at Southwood, Inc., 349 S.W.3d 849 (Tex. App.—Tyler 2011, no pet.)

Reversing and remanding for a new trial when trial court refused to include the correct corporate entity on the jury form.

Goodner v. Hyundai Motor Co., 650 F.3d 1034 (5th Cir. 2011) 

Upholding jury verdict in an automobile design defect case finding circumstantial evidence to support causation and sufficient evidence of an unreasonably dangerous design and of a safer alternative design.

Adams v. Staxxring, Inc., 344 S.W.3d 641 (Tex. App.—Dallas 2011, pet. denied) 

Denying arbitration due to substantial invocation of the judicial process.

Werley v. Cannon., 344 S.W.3d 527 (Tex. App.—El Paso 2011, no pet.)

Upholding monetary sanctions against a defense attorney who violated a court order by making ex parte contacts with a plaintiff’s treating physicians.

In re Oncor Elec. Delivery Co., No. 05-11-00188-CV, 2011 WL 989071 (Tex. App.—Dallas Mar. 22, 2011, orig. proceeding) (mem. op.)

Denying petition for mandamus concerning trial court’s denial of a motion to designate a responsible third party.

In re Kobelt Mfg. Ltd., No. 07-11-0014-CV, 2011 WL 798199 (Tex. App.—Amarillo Mar. 8, 2011, orig. proceeding) (mem. op.)

Denying petition for mandamus concluding that the parties may agree to alter the statutory deadlines for designating responsible third parties.

Perdue, et al. v. Nissan Motor Company, Ltd., No. 09-40881 (5th Cir. 2010)

In a case involving product liability design defect tried to a favorable jury verdict, settling after oral argument.

Elliott v. Hollingshead, 327 S.W.3d 824 (Tex. App.—Eastland 2010, no pet.)

Reversing trial court’s forfeiture of a plaintiff’s attorney’s fees.

In re Professional Pharmacy II, No. 02-10-163-CV, 2010 WL 3718946 (Tex. App.—Fort Worth Sept. 23, 2010, orig. proceeding) (mem. op.)

Issued mandamus requiring a jury trial rejecting argument that a signed arbitration provision constituted a jury waiver.

Smith v. Shipp, No. 05-09-01204-CV, 2010 WL 2653733 (Tex. App.—Dallas July 6, 2010, no pet.) (mem. op.)

Reversing a case that had been dismissed for want of prosecution.

In re Deere & Co., 299 S.W.3d 819 (Tex. 2009) (orig. proceeding) (per curiam)

Rejecting John Deere’s argument that a discovery order covering multiple makes and models of equipment was overly broad and unduly burdensome and establishing that a defendant bears the burden of proving the bases for objections raised in discovery.

Vestal v. Wright, No. 2-08-237-CV, 2009 WL 2751020 (Tex. App.—Fort Worth Aug. 31, 2009, pet. denied) (mem. op.) 

Affirming denial of a doctor and his urology group’s motion to dismiss based on a challenge to an expert report in a medical malpractice case.

Reeder v. Trinity Industries, Inc., 294 S.W.3d 851 (Tex. App.—Dallas 2009, pet. denied)

Reversing a summary judgment and an $829,816 judgment on counterclaims asserted against a plaintiff in a commercial real estate case.

Ferguson v. Building Materials Corp. of Am., 295 S.W.3d 642 (Tex. 2009) 

Reversing a summary judgment granted against a personal injury plaintiff based on the doctrine of judicial estoppel due to an inadvertent omission in a bankruptcy filing.

Wal-Mart Stores Texas, LP v. Crosby, 295 S.W.3d 346 (Tex. App.—Dallas 2009, pet. denied)

Upholding an $869,200 judgment for personal injuries sustained when the plaintiff was hit in the back by a pallet jack being driven by a Wal-Mart employee.

Pinnacle Anesthesia Consultants, P.A. v. Fisher, 309 S.W.3d 93 (Tex. App.—Dallas 2009, pet. denied).

Affirming an $8.5 million judgment in favor of a physician who was wrongfully terminated from his practice group.

In the Matter of B.B.M., 291 S.W.3d 463 (Tex. App.—Dallas 2009, pet. denied) 

Reversing a jury verdict in which a jury had awarded managing conservatorship of a child to a non-parent couple instead of to the natural father.

UHS of Timberlawn, Inc. v. S.B., a Minor, 281 S.W.3d 207 (Tex. App.—Dallas 2009, pet. denied)

Affirming denial of a motion to dismiss based on a challenge to an expert report in a medical malpractice case.

Benish v. Grottie,  281 S.W.3d 184 (Tex. App.—Fort Worth 2009, pet. denied)

Affirming denial of motion to dismiss based on challenge to an expert report in a medical malpractice case. Also holding that an expert need not opine as to willful and wanton negligence in a chapter 74 report despite argument that case is governed by the Emergency Room statute.

Knapp v. Wilson N. Jones Mem’l Hosp., 281 S.W.3d 163 (Tex.  App.—Dallas 2009, no pet.)

Reversing and remanding a $1,070,643 judgment based on a counterclaim asserted against the Plaintiff for claims of breach of contract, breach of fiduciary duty, fraud, and negligence.

Turner v. Hendon, 269 S.W.3d 243 (Tex. App.—El Paso 2008, pet. denied)

Reversing and rendering a judgment based on legally insufficient evidence in a case involving a challenge to a deed conveying real property.

Akins v. Radiator Specialty Co., No. Civ. A 3:05-451, 2006 WL 2850444 (W.D. Pa. Sept. 29, 2006)

Granting the Plaintiff’s motion for remand in a toxic tort Benzene exposure case based on a lack of complete federal preemption.

Mireles v. Ashley, 201 S.W.3d 779 (Tex. App.—Amarillo 2006, no pet.)

Reversing and remanding the trial court’s granting of a no evidence summary judgment in a negligent hiring case. 

Dallas County v. Hughes, 189 S.W.3d 886 (Tex. App.—Dallas 2006, pet. denied)

Affirming the denial of Dallas County’s Plea to the Jurisdiction. 

Zurich American Ins. Co. v. Gill, 173 S.W.3d 878 (Tex. App.—Fort Worth 2005, pet denied)

Affirming claim for workers compensation benefits when carrier does not comply with statutory deadlines for denying a claim.

Carroll v. Bank of New York, No. 10-03-00319-CV, 2005 WL 241224 (Tex. App.—Waco Feb. 2, 2005, no pet.)

Appeal of a forcible entry and detainer action.

Lisanti v. Dixon, 147 S.W.3d 638 (Tex. App.—Dallas 2004, pet. denied)

Affirming a punitive damages award in a Sabine Pilot wrongful termination case.

Gallardo v. Ugarte, 145 S.W.3d 272 (Tex. App.—El Paso 2004, pet. denied) 

Involved the reversal of a dismissal of a medical malpractice case concerning the adequacy of a 4590i expert report.

Brown & Root, Inc. v. Moore, 92 S.W.3d 848 (Tex. App.—Texarkana 2002, pet. denied) 

Affirming a punitive damages award in an asbestos case.