Significant Victories
Bankert v. 10 Roads Express, LLC, A-1-CA-41783 (N.M. App. March 17, 2025)
Successfully convinced the Court of Appeals to affirm the denial of a motion to compel arbitration in this class action under the New Mexico Minimum Wage Act. The Court agreed that the arbitration agreement was unenforceable under the Federal Arbitration Act’s transportation worker exemption.
W. Dairy Transp., LLC v. Nevil, No. 06-24-00071-CV, 2025 WL 470145 (Tex. App.—Texarkana Feb. 10, 2025, no pet. h.) (mem. op.)
Affirming the denial of Defendants’ motion to transfer venue, finding that the deposition testimony of a defendant’s vice president establishing that the entity’s principal place of business was sufficient to establish venue in Lamar County.
Walker v. Baptist St. Anthony's Hosp., 703 S.W.3d 339 (Tex. 2024)
Finding that expert reports from an obstetrician, neurologist, and nurse, when read together, sufficiently explained how obstetrician and nursing negligence caused a baby’s permanent brain injury and therefore satisfied Chapter 74 of the Texas Civil Practice and Remedies Code’s preliminary expert report requirement.
Combs v. Crepeau, No. 05-23-00088-CV, 2024 WL 00088-CV (Tex. App.—Dallas, Oct. 7, 2024, pet. filed.) (mem. op.)
Successfully secured the reversal of a $1.5m jury verdict against our client in a breach of fiduciary duty and fraud case by his sisters over money and other assets left by their mother when she died, rendering a take-nothing judgment against the sisters and affirming judgment on our client’s counterclaim.
ASM Global LLC, v. Weaver., No. 08-24-00044-CV, --- S.W.3d ---, 2024 WL 4416005 (Tex. App.—El Paso Oct. 4, 2024, no pet. h.)
Succeeded in obtaining the dismissal of an appeal for lack of jurisdiction over ASM's interlocutory appeal of a plea to the jurisdiction because ASM could not establish that it was an “organ of government” entitled to appeal under Tex. Civ. Prac. & Rem. Code Sec. 51.014(a)(8).
CPM Texas LLC, v. Harper, No. 13-24-00072-CV, 2024 WL 4379259 (Tex. App.—Corpus Christi–Edinburg Oct. 3, 2024, no pet. h.) (mem. op.)
Successfully affirmed the denial of an unlicensed builder’s motion to dismiss for failure to provide a certificate of merit under Texas Civil Practice and Remedies Code § 150.002. The Court of Appeals held that Chapter 150’s certificate of merit requirement does not apply to claims against defendants who are not building professionals as defined by the Act.
Allstate Fire & Cas. Ins. Co. v. Yarum, No. 05-22-01004-CV, 2024 WL 3963861 (Tex. App.—Dallas Aug. 28, 2024, no pet.)
Successfully defended appeal of final judgment following jury verdict in uninsured/underinsured motorist case. Allstate challenged the sufficiency of evidence to support past medical expenses, various evidentiary rulings, the award of prejudgment interest, and the award of attorney’s fees under the Declaratory Judgment Act, and the Dallas Court of Appeals systematically rejected every argument.
Singleton v. Casanova, No. 22-50327, 2024 WL 2891900 (5th Cir. June 10, 2024).
Successfully defeated officer’s appeal of summary judgment motion on qualified immunity defense, where a San Antonio Police Officer—attempting to conduct a “knock and talk investigation”—began shooting within seconds of opening front door of a home. The officer’s shots barely missed Taylor Singleton, hit Davante Snowden, and killed Charles Roundtree who were at the home. The Fifth Circuit determined that because there were fact issues as to whether the use of deadly force was reasonable, and that because the facts, taken in the light most favorable to the plaintiffs, made this an obvious case in which clearly established law prohibited the use of deadly force, the officer was not entitled to summary judgment on his qualified immunity defense.
Gribbin v. HollyFrontier Corp., No. 05-22-00803-CV, 2024 WL 1403366 (Tex. App.—Dallas April 2, 2024, no pet. h.) (mem. op.)
Successfully reversed summary judgment granted in favor of employer who breached an employment agreement when, after a reorganization, the defendant demoted its employee and then fired him to avoid paying severance benefits the employer would have owed if the employee had been allowed to resign.
In the Matter of the Estate of Perry R. Trujillo, No. A-1-CA-39680, 2024 WL 1093779 (N.M. App. March 13, 2024)
Successfully defended against the Estate’s appeal, which sought to redistribute valuable water rights and various family heirlooms. The New Mexico Court of Appeals agreed that the judgment should be affirmed, partially on the merits and partially for the Estate’s failure to preserve issues for appellate review.
In re Brenham Nursing & Rehab. Ctr., No. 01-23-00946-CV, 2024 WL 924436, at *1 (Tex. App.—Houston [1st Dist.] Mar. 5, 2024, orig. proceeding) (per curium) (mem. op.)
After full briefing, denying nursing home defendant’s request for mandamus when trial court held that nursing home was not entitled to protections of the Pandemic Liability Protection Act because the nursing home failed to timely provide specific facts to support its affirmative defenses under the PLPA as statutorily required.
Burford v. Howmet Aerospace, Inc., 693 S.W.3d 756 (Tex. App.—Houston [14th Dist.] 2024, pet. filed)
Convinced court of appeals to reverse summary judgment on causation in an asbestos case, finding that plaintiff raised a fact issue on direct causation where there were no other “plausible sources” of asbestos exposure and “reliable expert testimony show[ed] that only exposure to asbestos can cause asbestosis” and that Alcoa was the source of all the asbestos to which plaintiff was exposed.
State Farm Mut. Auto. Ins. Co. v. Valdez, 690 S.W.3d 712 (Tex. App.—San Antonio 2024, pet. denied)
Successfully defended appeal of final judgment following jury verdict in uninsured/underinsured motorist case. Allstate challenged the sufficiency of evidence to support past medical expenses, various evidentiary rulings, the award of prejudgment interest, and the award of attorney’s fees under the Declaratory Judgment Act, and the Dallas Court of Appeals systematically rejected every argument.
In re Polaris Indus., Inc. No. 04-23-01093-CV, 2024 WL 251984 (Tex. App.—San Antonio Jan. 24, 2024, orig. proceeding) (mem. op.).
Successfully defended orders quashing deposition notice of minor child and second deposition notices of other family members in case involving death of child caused by rollover of Polaris UTV.
Lopez, et al. v. University of the Southwest, No. 2:23-cv-00327-DHU-JHR, 2024 WL 68531 (D.N.M. Jan. 5, 2024).
Successfully moved to remand on behalf of the family of a student killed in a bus crash returning from a college golf tournament. The district court held that the Federal Motor Carrier Safety Regulations do not create a private right of action for personal injury or wrongful death, and the plaintiffs’ complaint did not raise federal questions turning on the substantive construction of federal law. Therefore, removal was improper, and remand to New Mexico state court was required.
Eldorado Homeowners’ Assoc., Inc. v. Clough, No. 05-22-00198-CV, 2024 WL 20170 (Tex. App.—Dallas Jan. 2, 2024, no pet. h.) (mem. op.).
Successfully defended summary judgment, including attorney’s fees, in favor of homeowners related to dispute over retaining wall and declarations making it clear that Association—and not homeowners—is obligated to maintain it.
In re Harvey, No. 02-23-00401-CV, 2023 WL 8643022 (Tex. App.—Fort Worth Dec. 14, 2023, orig. proceeding) (mem. op.)
Successfully obtained mandamus relief after trial court denied motion to defer payment of sanction award, ordering trial court to enter a new order either (1) providing that sanction is payable only at or following entry of a final order terminating the litigation or (2) including express findings explaining why ordering that sanction be payable before entry of a final judgment does not preclude access to the courts.
Roe v. Tajon, No. 02-23-00179-CV, 2023 WL 8643020, at (Tex. App.—Fort Worth Dec. 14, 2023, no pet. h.).
Reversing dismissal of medical negligence claims against doctor and hospital based on their objections to Chapter 74 expert reports.
In re UV Logistics, LLC, 682 S.W.3d 612 (Tex. App.—Houston [1st Dist.] 2023, orig. proceeding [mand. denied]).
Successfully defended trial court’s decision to order that independent neuropsychological exam of the plaintiffs be audio and video recorded. The court of appeals found no abuse of discretion where there was evidence of special circumstances—cognitive deficits that could affect the plaintiffs’ ability to communicate about the testing with their counsel—that supported recording the exam.
Bugle Shipping Co. Ltd. v. Sheikh, No. 14-22-00470-CV, 2023 WL 7034213 (Tex. App.—Houston [14th Dist.] Oct. 26, 2023, no pet. h.).
Upholding trial court ruling which denied a defendant’s special appearance in a Jones Act case.