Significant Cases

Long v. Elliott, No. 11-11-307-CV, 2013WL 5861521 (Tex. App.–Eastland Oct. 31, 2013, n.p.h.)

Requiring return of erroneously forfeited attorneys fees
Richardson v. Richardson, No. 05-12-01123-CV (Tex. App.— Dallas June 27 2013, no pet. h.) (mem. op.)
Successfully defended judgment appointing client as sole managing conservator of his children following week-long child custody jury trial.
Shafighi v. Texas Farmers Ins. Co., No. 14-12-00082-CV, 2013 WL 1803609 (Tex. App.— Houston [14th Dist.] April 30 2013, n.p.h.).
Reversed and remanded; policyholder client’s failures to sit for examination under oath and to submit proof of claim in proper form did not entitle insurer to summary judgment, but rather only abatement.
Blaylock v. Holland, No. 05-11-00732-CV, ____ WL ____ (Tex. App.— Dallas March 6, 2013, no pet. h.).
Reversing a trial court’s award of a homeowner’s property to his neighbor by adverse possession, holding that neighbor’s assumption that homeowner’s property was part of neighbor’s backyard, and neighbor’s use of that property as part of her backyard, was legally insufficient to support the trial court’s award by adverse possession.
MBR & Associates, Inc. v. Lile, No. 02-11-00431-CV, 2012 WL 4661665 (Tex. App.—Fort Worth Oct. 4, 2012, n.p.h.)
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) (briefed response to Petition for Review).
Denial of petition for review in case challenging a Chapter 74 expert report in a medical malpractice case.
In re Young, No 05-09-453-CV (Tex. App.—Dallas May 23, 2012) (orig. proceeding)
Denial of defendants’ petition for mandamus attempting to have 18 plaintiffs’ cases severed into 18 separate trials.
Ashton Grove v. Jackson Walker, No 05-09-1538-CV, 2012 WL 1345333 (Tex. App.—Dallas April. 19, 2012)
Reversing a summary judgement concluding that a law firm failed to prove that attorneys 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.
Capps v. Nexion Health at Southwood Inc. d/b/a Southwood Nursing and Rehabilitation Center, No. 12-09-393, 2011 WL4637551 (Tex. App.—Tyler Sept. 7, 2011)
Reversing and remanding for a new trial when trial court refused to include the correct corporate entity on the jury form.
Salas v. Chris Christensen Systems, Inc., No 10-11-107-CV, 2011 WL 4089999 (Tex. App.—Waco Sept. 14, 2011)
Upholding default judgment after death penalty discovery sanctions, actual and punitive damages, and enforceability of a non-compete agreement.
Goodner v. Hyundai Motor Co., No. 10-10660, 2011 WL 3634166 (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.
Thompson v. Ace American Ins. Co., No. 01-10-00810-CV, 2011 WL 3820889 (Tex. App.-Houston [1st Dist.] Aug. 25, 2011).
Obtaining reversal and remand of judgment after jury verdict in workers compensation judicial review case.
Adams v. Staxxring, Inc., No. 05-10-01142-CV, 2011 WL 2641698 (Tex. App.—Dallas July 7, 2011, no pet. h.).
Denying arbitration due to substantial invocation of the judicial process.
Drury Southwest, Inc. v. Louie Ledeaux No. 1, Inc., No. 04-10-00016-CV, – S.W.3d –, 2011 WL 2637322 (Tex. App.-San Antonio, July 6, 2011).
Affirming trial court judgment on liability and preserving right to re-elect remedies on remand.
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 Universal Underwriters of Texas Ins. Co., 345 S.W.3d 404, (Tex. 2011).
As amicus, insulating denial of abatement from mandamus review in case involving appraisal clauses.
Commerce & Industry Ins. Co. v. Ferguson-Stewart, 339 S.W.3d 744 (Tex. App.-Houston [1st Dist.] Mar. 31, 2011, no pet.).
Affirming trial court judgment after jury verdict in a workers’ compensation judicial review case.
In re Oncor Elec. Delivery Co., No. 05-11-00188-CV, 2011 WL 989071 (Tex. App.—Dallas Mar. 22, 2011, orig. proceeding).
Denying petition for mandamus concerning trial court’s denial of a motion to designate a responsible third party.
Greater Houston Trans. Co. v. Parks,  No. 01-09-00543-CV, 2011 WL 941234 (Tex. App.-Houston [1st Dist.] Mar. 17, 2011).
In case involving taxi company’s liability for its driver’s criminal acts tried to a favorable jury verdict, settling immediately after oral argument.
In re Kobelt Mfg. Ltd., No. 07-11-0014-CV, 2011 WL 798199 (Tex. App.—Amarillo Mar. 8, 2011, orig. proceeding).
Denying petition for mandamus concluding that the parties may agree to alter the statutory deadlines for designating responsible third parties.
Elliot v. Hollingshead, No. 11-08-256-CV, 2010 WL 4323070 (Tex. App.—Eastland Oct. 28, 2010, no pet. h.).
Reversing trial court’s forfeiture of a plaintiff’s attorney’s fees.
Perdue, et al. v. Nissan Motor Company, Ltd., Case No. 09-4088 (5th Cir. 2010).
In a case involving product liability design defect tried to a favorable jury verdict, settling after oral argument.
In re Taylor, No. 01-10-00893-CV, 2010 WL 4395873 (Tex. App.-Houston [1st Dist] Oct. 29, 2010) (orig. proceeding).
Defeating state representative’s attempt to secure privileged TWIA documents under the Texas Public Information Act.
Turull v. Ferguson, No. 01-09-00067-CV, 2010 WL 3833944 (Tex. App.-Houston [1st Dist.] Sep. 30, 2010).
Obtaining reversal and modification in DTPA case in which trial court failed to award attorney’s fees to plaintiff.
In re Professional Pharmacy II, No. 02-10-163-CV, 2010 WL 3718946 (Tex. App.-Fort Worth Sept. 23, 2010, orig. proceeding).Issued mandamus requiring a jury trial rejecting argument that a signed arbitration provision constituted a jury waiver.
Faucette v. Chantos, 322 S.W.3d 901 (Tex. App.-Houston [14th Dist.] 2010, no pet.).
Affirming jury award on ground that option created enforceable contract, even though option was not exercised precisely as provided in written agreement.
Smith v. Shipp, No. 05-09-01204-CV, 2010 WL 2653733 (Tex. App.—Dallas July 6, 2010, no pet.).
Reversing a case that had been dismissed for want of prosecution.
Transcontinental Ins. Co. v. Crump, 330 S.W.3d 211 (Tex. 2010).
Affirming reliability and admissibility of treating physician’s expert testimony based on differential diagnosis.
In re de Brittingham, 319 S.W.3d 95 (Tex. App.-San Antonio, 2010) (orig. proceeding).
Granting of motion to disqualify relator’s counsel on ground that counsel, a former justice, before leaving the bench had adjudicated a portion of the dispute in an earlier proceeding.
In re John Deere Co., No. 08-1076, 2009 WL 4877773 (Tex. Dec. 18, 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.
City of Irving v. Seppy, Cause No. 05-09-00017-CV, 2009 WL 4042902 (Tex. App.—Dallas Nov. 23, 2009, no pet .h.).
Affirming the denial of a plea to the jurisdiction filed by the City of Irving based on a claim of sovereign immunity.
Vestal v. Wright, No. 2-08-237-CV, 2009 WL 2751020 (Tex. App.—Fort Worth Aug. 31, 2009, pet. denied).
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.
In re Brittingham-Sada, No. 04-09-00488-CV, 2009 WL 2568341 (Tex. App.-San Antonio, Aug. 19, 2009) (orig. proceeding).
Defeating attempt to dismiss case on personal and subject-matter jurisdictional grounds.
In re Brittingham-Sada, No. 04-09-00480-CV, 2009 WL 2517110 (Tex. App.-San Antonio, Aug. 12, 2009) (orig. proceeding).
Defeating mandamus attempt to avoid discovery on jurisdictional grounds.
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.
Wal-Mart Stores Texas, LP v. Crosby, No. 05-08-01107-CV, 2009 WL 2343262 (Tex. App.—Dallas, July 31, 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.
Ferguson v. Building Materials Corp., No. 08-0589, 2009 WL 1901639 (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.
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., No. 05-08-501-CV, 2009 WL 1801035 (Tex. App.—Dallas June 24, 2009, no pet. h.).
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, No. 05-08-00222-CV, 2009 WL 445615 (Tex. App.-Dallas Feb. 24, 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, No. 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.
Texas Mut. Ins. Co. v. Durst, No. 04-07-00862-CV, 2009 WL 490056 (Tex. App.-San Antonio, Feb. 25, 2009, no pet.).
Affirming judgment after jury verdict in workers compensation judicial review case.
In re Brittingham-Sada, No. 04-08-00688-CV, 2009 WL 263361 (Tex. App.-San Antonio, Feb. 4, 2009) (orig. proceeding).
Defeating mandamus attempt to dismiss case on forum non conveniens grounds.
Moeller v. Blanc, 276 S.W.3d 656 (Tex. App.-Dallas 2008, pet. denied).
After defense verdict in medical malpractice case, obtaining reversal and remand for new trial on basis of a Batson challenge.
In re Texas Best Staff Leasing, Inc., No. 01-08-00296-CV, 2008 WL 4531028 (Tex. App.-Houston [1st Dist.] Oct. 9, 2008) (orig. proceeding).
Successfully defending trial court order denying motion to compel arbitration.
Turner v. Hendon, No. 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.
Lanphier v. Avis, 244 S.W.3d 596 (Tex.  App.-Texarkana 2008, pet. dism’d by agr.).
Affirming a trial court’s denial of a defendant’s motion to dismiss in a medical malpractice case.
Boulle v. Boulle, 254 S.W.3d 701 (Tex. App.-Dallas 2008, pet. denied).
Successfully protected a judgement rendered after a jury trial in a complicated commercial suit involving more than $250 million in alleged damages.
Transcontinental Ins. Co. v. Crump, 274 S.W.3d 86 (Tex. App.-Houston [14th Dist.] 2008).
Affirming judgment after jury verdict in workers compensation judicial review case.
Vansteen Marine Supply, Inc. v. Twin City Fire Ins. Co., No. 13-05-00231-CV, 2008 WL 599850 (Tex. App.-Corpus Christi, Mar 6, 2008, pet. denied).
In coverage action, affirming trial court’s judgment that insurer’s duty to defend did not require it to fund prosecution of counterclaim.
Cantu v. Howard S. Grossman, P.A., 251 S.W.3d 731 (Tex. App.-Houston [14th Dist.] 2008, pet. denied).
On venue grounds, obtaining reversal of trial court judgment domesticating foreign judgment.
Escalante v. Rowan, 251 S.W.3d 720 (Tex. App.-Houston [14th Dist.] 2008).
In medical malpractice case, obtaining reversal of summary judgment granted on “loss of chance” doctrine.
Plano Parkway Office Condominiums v. Beaver Properties, 246 S.W.3d 188 (Tex. App.-Dallas 2007, pet. denied).
Reversing a summary judgement in a case of first impression involving the interpretation of the Texas Condominium Act.
In re Igloo Products Corp., 238 S.W.3d 574 (Tex. App.-Houston [14th Dist.] 2007) (orig. proceeding).
Successfully defending trial court order denying motion to compel arbitration.
Kallam v. Boyd, 232 S.W.3d 774 (Tex. 2007).
As amicus, persuading court to withdraw its grant of review as improvidently granted.
Hagberg v. City of Pasadena, 224 S.W.3d 477 (Tex. App.-Houston [1st Dist.] 2007, no pet.).
Affirming judgment after jury verdict in workers compensation judicial review case.
Tijerina v. Mackie, No. 04-05-00213-CV, 2006 WL 397936 (Tex. App.-San Antonio, 2006, pet. denied).
Affirming appellate jurisdiction of interlocutory appeal from probate order.
Perez v. Kleinart, 211 S.W.3d 468 (Tex. App.-Corpus Christi 2006, no pet.).
          Reversing a defense verdict in a personal injury case and remanding for a new trial.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.
Akins v. Radiator Specialty Co., No. Civ. A 3:05-451, 2006 WL 285044 (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.
Audino v. Raytheon Company Short Term Disability Plan, et al, 2005 WL 846234, No. 04-10729 (5th Cir. 2005).
Obtained reversal of a summary judgment granted against a plaintiff in an ERISA benefits dispute action.
Carroll v. Bank of New York, 2005 WL 241224, No. 10-03-00319-CV (Tex. App.-Waco Feb. 2, 2005, no pet.).
Appeal of a forcible entry and detainer action.
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.
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.
Ugarte v. Gallardo, 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.
In re Mousa, No. 01-04-00485-CV, 2004 WL 2823172 (Tex. App.-Houston [1st Dist.] Dec. 9, 2004) (orig. proceeding).
Obtaining writ of mandamus dissolving improperly filed lis pendens.
Leal v. Weightman, No. 01-03-01006-CV, 2004 WL 2251570 (Tex. App.-Houston [1st Dist.] Oct. 7, 2004, no. pet.).
Affirming grant of summary judgment for return of money loaned on three out of four grounds; case subsequently dismissed.
Johannsen v. Nabors Industries, Inc.,  No. 14-03-00056-CV, 2003 WL 1566560 (Tex. App.-Houston [14th Dist.] Mar. 27, 2003).
Obtaining determination that judgment that did not include attorney fee award was final, and attorney fees were no longer available.
Hoffman-LaRoche, Inc. v. Kwasnik, 109 S.W.3d 21 (Tex. App.-El Paso 2003) (orig. proceeding).
Successfully defended a trial court’s order denying Hoffman-LaRoche, Inc.’s special appearance.

263 thoughts on “Significant Cases”

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