Significant Victories

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 […]

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

Royalty Asset Holdings II, LP v. Bayswater Fund III-A LLC, No. 08-22-00108-CV, 2023 WL 2533169 (Tex. App.—El Paso Mar. 15, 2023, no pet. h.) (mem. op.) Successfully reversed a trial court’s order granting summary judgment in case involving royalties owed under oil and gas lease.  Discussing the legacy of the 1/8th royalty in Texas law

Olivares v. Chevron Phillips Chem. Co. LP, No. 05-22-00057-CV, 2023 WL 2494533 (Tex. App.—Dallas Mar. 14, 2023, no pet. h.) (mem. op.) Successfully reversed trial court’s order granting a plea to the jurisdiction in suit to recover personal injury damages against Chevron, holding that Chevron was not entitled to the worker’s compensation exclusive remedy defense

Livingston Land, LLC v. Brooker, No. A-1-CA-38948, 2023 WL 2017517 (N.M. App. Feb. 15, 2023) Successfully convinced New Mexico Court of Appeals to affirm judgment rejecting contract and fraud claims against state licensed medical cannabis growers for failure to prove damages. Caren I. Friedman, Partner, Justin R. Kaufman, Partner, and Rosalind Bienvenu, Partner

One World Bank v. Miller, No. 05-21-00705-CV, 2023 WL 333712 (Tex. App.—Dallas Jan. 20, 2023, no pet. h.) (mem. op.) Successfully defended grant of traditional and no evidence summary judgment in favor of buyer and award of attorney’s fees to buyer in the bank’s suit to sequester a vehicle dealership sold to a buyer in

Walker v. Carlsbad Med. Ctr., LLC, No. A-1-CA-40662, 2023 WL 209184 (N.M. Ct. App. Jan. 17, 2023) Successfully convinced the New Mexico Court of Appeals to reverse summary judgment in a medical malpractice case in which the defendant hospital administered incorrect blood pressure medications to the wrong patient, causing a life-threatening drop in blood pressure.

Aquifer Science v. Verhines, et al., 2023-NMCA-020, 527 P.3d 667 (2022) Successfully defended decision to deny developer’s water application that would have impaired existing wells and would have been contrary to conservation of water in New Mexico, along with cost award, including post-judgment interest, to prevailing public interest group that opposed water application. Caren I.

Byrd v. Cornelius, 52 F.4th 265 (5th Cir. 2022) Successfully convinced court of appeals to dismiss officers’ qualified immunity appeal for lack of jurisdiction in light of material factual disputes regarding the officers’ use of force.  The Fifth Circuit determined that video of the incident did not conclusively establish reasonable force, and that the law

Crane v. City of Arlington, Tex., 50 F.4th 453 (5th Cir. 2022), cert. denied sub nom. City of Arlington v. Crane, 144 S. Ct. 342 (2023)and cert. denied sub nom. Roper v. Crane, 144 S. Ct. 342 (2023) Successfully reversed trial court’s grant of summary judgment to police officer, holding that the officer was not

In re Guerra, No. 13-22-00305-CV, 2022 WL 4126021 (Tex. App.—Corpus Christi Sept. 9, 2022, orig. proceeding) (mem. op.) Successfully defeated mandamus petition seeking to modify trial court’s order allowing defendant to conduct Rule 204 physical examination of the plaintiff, but requiring that it be performed by telemedicine. Rick Thompson, Partner

Collado v. Fiesta Park Healthcare, LLC, 525 P.3d 378 (N.M. Ct. App. 022) Assisted with briefing and strategy in defeating nursing home’s effort to overturn $11M verdict and, on cross-appeal, reinstating a jury finding that the various defendant-entities operated as a joint venture, making them all responsible for the nursing home’s conduct. Caren I. Friedman,

Envision Radiology Tex. LP v. Trader, No. 05-20-00529-CV, 2022 WL 2826896 (Tex. App.—Dallas July 20, 2022, no pet.) (mem. op.) Successfully convinced court of appeals to dismiss medical provider’s interlocutory appeal for lack of subject matter jurisdiction where trial court granted the statutorily-provided 30-day extension to cure alleged deficiencies in the plaintiff’s Ch. 74 expert

Cobb v. Hansen, No. 05-19-01327-CV, 2022 WL 3499999 (Tex. App.—Dallas Aug. 18, 2022, no pet.) (mem. op.) Successfully reversed a take-nothing judgment and remanded for a new trial in case against defendant-homeowners whose pizza oven exploded and burned Joseph Cobb.   The court of appeals determined that the trial court committed reversible error when it failed

Mitschke v. Borromeo, 645 S.W.3d 251 (Tex. 2022) Overruling Philbrook v. Berry, 683 S.W.2d 378 (Tex. 1985), and clarifying that a motion for new trial filed in the original cause is nonetheless sufficient to extend the appellate deadlines in a  severed, final judgment, and clarifying the application of stare decisis generally and in cases transferred

E.D. v. Tex. Health Care, P.L.L.C., 644 S.W.3d 660 (Tex. 2022) Finding that expert report satisfied Chapter 74 of the Texas Civil Practice and Remedies Code and reversing court of appeals’ opinion to the contrary, confirming that Chapter 74’s “‘fair summary’ benchmark is not an evidentiary standard.” Dana Levy, Partner

Edwards v. Oliver, 31 F.4th 925 (5th Cir. 2022) Dismissing police officer’s interlocutory appeal of qualified immunity defense in case in which Balch Springs police officer, Roy Oliver, fired into a car of teenagers leaving a party, killing Jordan Edwards.  The Fifth Circuit found that it had no jurisdiction to review the district court’s denial

Bluebird Med. Enterprises, LLC v. Willis, 651 S.W.3d 486 (Tex. App.—Houston [14th Dist.] 2022, no pet.) Assuming, without deciding, that a motor vehicle collision involving an ambulance presented a health care liability claim, the court of appeals found that the plaintiffs’ preliminary expert reports satisfied the health care liability act when a paramedic outlined how

In re Cash, No. 20-0837 (Tex. March 11, 2022) Successfully defeated mandamus petition related to trial court’s new trial order. Rick Thompson, Partner

In re Eagleridge Operating, LLC, 642 S.W.3d 518 (Tex. 2022) Successfully defeated mandamus petition related to trial court’s striking of responsible third party. Dana Levy, Partner

Tanner v. Tex. State Univ., 644 S.W.3d 747 (Tex. App.—Austin 2022, no pet. h.) Successfully reversed plea to the jurisdiction that dismissed plaintiff’s case, holding that diligence in service of process is not a jurisdictional “statutory prerequisite to a suit” under the Texas Tort Claims Act. Tammy Holt, Of Counsel

Wheeler v. State, 616 S.W.3d 858 (Tex. Crim. App. 2021) Obtained petition for review of Court of Appeals’ decision that affidavit was not properly sworn. Shelby J. White, Of Counsel

Hallman v. State, 620 S.W.3d 931 (Tex. Crim. App. 2021) Successfully obtained reversal and remand of Court of Appeals’ decision that the State had failed to timely disclose evidence. Shelby J. White, Of Counsel

Montelongo v. Abrea, 622 S.W.3d 290 (Tex. 2021) The underlying dispute involves over 300 plaintiffs suing Montelongo for fraud based on real estate investment educational seminars he sold to plaintiffs.  I was only involved on appeal with regard to the anti-slapp MTD:  The Texas Supreme Court concluded that the court of appeals erred in concluding

Reynolds v. Sanchez Oil & Gas Corp., 635 S.W.3d 636 (Tex. 2021) The underlying case is an oil and gas dispute. Terra Energy filed a TCPA motion to dismiss, which the trial court denied. The court of appeals affirmed, concluding that the motion to dismiss was untimely. However, the Texas Supreme Court remanded the case

Rawlings v. Rawlings, 505 P.3d 875 (N.M. App. 2021) Successfully convinced New Mexico Court of Appeals to reverse the final decree in a domestic relations case where district court violated the Rules of Civil Procedure by failing to conduct a hearing on mother’s objections to a domestic relations hearing officer’s recommendations regarding child custody. Caren

Gateway Diagnostic Imaging, LLC v. Ratnasabapathy, No. 05-20-00817-CV, 2021 WL 3855634 (Tex. App.—Dallas Aug. 30, 2021, no pet.) (mem. op.) Affirming denial of Chapter 74 motion to dismiss and holding that trial court properly considered amended expert reports that plaintiff filed within 120 days of defendant’s answer. Dana Levy, Partner

Cirrus Design Corp. v. Berra, 633 S.W.3d 640 (Tex. App.—San Antonio 2021, no pet.) Affirming trial court’s order denying special appearance by an aircraft manufacturer in a wrongful death products liability case. The plaintiff’s husband was killed when his aircraft crashed in Bexar County. The Minnesota-based aircraft manufacturer challenged the court’s exercise of specific personal

In re C.A., No. 02-21-00018-CV, 2021 WL 2753533 (Tex. App.—Fort Worth July 1, 2021, orig. proceeding) (mem. op.) Successfully prevented the deposition of a severely impaired plaintiff before an examination to determine competency. An issue of first impression, the Fort Worth Court of Appeals found that Texas Rules of Evidence 104 and 601 apply to

Alford-Shaw v. Nicholson, No. 02-20-00387-CV, 2021 WL 2753508 (Tex. App.—Fort Worth July 1, 2021, pet. denied) (mem. op.) In wrongful death case arising out of an airplane crash, Independent Executrix of pilot’s estate objected to the Texas court’s exercise of jurisdiction over her because, she argued, she was not a citizen of Texas and the

In re Elara Signature Homes, Inc., No. 09-21-00068-CV, 2021 WL 1418235 (Tex. App.—Beaumont Apr. 15, 2021, orig. proceeding) (mem. op.) Successfully defeated petition for writ of mandamus filed by Defendants who did not want to answer discovery related to financial transactions among themselves in the face of allegations of fraudulent transfers. Dana Levy, Partner

Painter v. Amerimex Drilling I, Ltd., 632 S.W.3d 156 (Tex. App.—El Paso 2021, no pet.) Successfully convinced court of appeals that summary judgment based on the Workers’ Compensation Act’s exclusive remedy provision was not proper where fact issues existed as to whether killed and injured passengers’ travel from drilling site to bunkhouse originated in or

Martinez v. Boone, 624 S.W.3d 241 (Tex. App.—El Paso 2021, pet. filed) Successfully convinced court of appeals to reverse summary judgment in favor of oil well services company as to its vicarious liability for collision caused by a worker returning to remote well site after purchasing necessary supplies.  The court of appeals found fact issues

In re Jerry Gonzalez, Jr., No. 13-21-00025-CV, 2021 WL 689280 (Tex. App.—Corpus Christi Feb. 23, 2021, orig. proceeding) (mem. op.) Successfully defended trial court’s order granting motion to quash discovery sought, pursuant to In re North Cypress, “of the fees charged and accepted from other patients for the same medical services that were provided or

Healy v. Mowat-Cudd, No. 04-20-00479-CV, 2021 WL 603369 (Tex. App.—San Antonio Feb. 17, 2021, no pet.) (mem. op.) Successful defense of Chapter 74 medical expert report by radiologist who testified regarding physician’s failure to diagnose Plaintiff’s breast cancer. Dana Levy, Partner

Moreschini v. Grover, No. A-1-CA-38403, 2021 WL 398720 (N.M. Ct. App. Feb. 4, 2021) In a domestic relations appeal arising under the Uniform Child Custody Jurisdiction and Enforcement Act, the New Mexico Court of Appeals unanimously affirmed the judgment, including an attorney fee award. Caren I. Friedman, Partner

Murphy v. Arcos, 615 S.W.3d 676 (Tex. App.—Dallas 2020, pet. denied) On motion for rehearing en banc, successfully convinced panel 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.  The court of appeals rejected its original position that

Enter. Crude GP LLC v. Sealy Partners, LLC, 614 S.W.3d 283 (Tex. App.—Houston [14th Dist.] 2020, no pet.) The underlying case is an oil and gas dispute. another anti-slapp appeal. The Court of Appeals concluded that the trial court erred in denying Enterprise’s TCPA motion to dismiss as to several causes of action. Lara Hollingsworth,

In re State Farm Mut. Auto. Ins. Co., 614 S.W.3d 316 (Tex. App.- Fort Worth 2020, orig. proceeding) Denial of State Farm’s mandamus petition seeking to avoid discovery in the uninsured/underinsured motorist context.  In doing so, the court of appeals discusses at length the distinction between a breach of contract claim against the UM/UIM insurer

Forsythe v. Ford Motor Co., S-1-SC-37761 & -37762, 2020 WL 6611059 (N.M. Nov. 12, 2020) Successfully convinced the New Mexico Supreme Court to reinstate Plaintiffs’ appeal that was wrongly dismissed as untimely by the New Mexico Court of Appeals.  The Supreme Court held that the Court of Appeals improperly gave “greater weight to procedural formalities

Vigil v. Ludwig-Vigil, No. A-1-CA-37912, 2020 WL 6155390 (N.M. App. Oct. 20, 2020) In this domestic relations appeal, the Court of Appeals unanimously affirmed the district court’s method of calculating the community’s interest in Husband’s retirement benefits and valuing Wife’s share.  The Court of Appeals also affirmed the district court’s refusal to allow Wife’s late-disclosed

Decker v. Columbia Med. Ctr. of Plano, No. 05-19-01508-CV, 2020 WL 6073880 (Tex. App.—Dallas Oct. 15, 2020, pet. denied) (mem. op.). Successfully reversed a Chapter 74 dismissal, holding that a cardiologist with hospital administration experience was qualified to opine as to a hospital’s policies and procedures for providing cardiac care. Dana Levy, Partner

Gonzales Nursing Operations, LLC v. Smith, No. 04-20-00102-CV, 2020 WL 5646482 (Tex. App.—San Antonio Sept. 23, 2020, pet. denied) (mem. op). Successfully dismissed interlocutory appeal for lack of jurisdiction by independent contractor who contracted with a government entity to manage a nursing home. Claiming derivative sovereign immunity, the contractor sought to appeal the trial court’s

Shiloh Treatment Center, Inc. v. Ward, 608 S.W.3d 337 (Tex. App.—Houston [1st Dist.] 2020, pet. denied) Affirming denial of second Chapter 74 motion to dismiss filed by operators of facilities for young people with mental disabilities filed after unsuccessful appeal of the first Chapter 74 motion to dismiss, finding the law of the case doctrine

Nettles v. GTECH Corp., 603 S.W.3d 63 (Tex. 2020) Reversing plea to the jurisdiction and affirming the denial of an identical plea in another case, filed by GTECH, a private contractor hired to provide instant ticket manufacturing and services to the Texas Lottery Commission.  Following its prior opinion in Brown & Gay Eng’g, Inc. v.

Texas Children’s Hosp. v. Knight, 604 S.W.3d 162 (Tex. App.—Houston [14th Dist.] 2020, pet. filed) Affirming denial of Chapter 74 motions to dismiss filed by various health care providers, finding that challenged experts were qualified and that their reports satisfied Chapter 74’s gatekeeping functions in all respects. Dana Levy, Partner

Pennington v. Fields, No. 05-19-00149-CV, 2020 WL 2611251 (Tex. App.—Dallas May 22, 2020, pet. denied) (mem. op.) Successfully reversed summary judgment in majority shareholders’ favor and rendered summary judgment in favor of minority owner in a closely -held corporation, holding that Retiring Shareholder provision of Cross Purchase Agreement required remaining shareholders to purchase retiring shareholder’s

Osburn v. Baker, No. 04-19-00568-CV, 2020 WL 2441426 (Tex. App.—San Antonio May 13, 2020, no pet.) Successfully reversed no evidence and traditional summary judgment in a dog bite case, convincing court of appeals that Plaintiff’s claims of strict liability, negligent handling, and gross negligence were supported by deposition testimony that dog was “leery” around strangers,

Poledore v. Daniel, No. 05-18-01278-CV, 2020 WL 1685333 (Tex. App.—Dallas April 7, 2020, no pet. h.) (mem. op.) Successfully defeated appeal by client’s incarcerated ex-husband who complained about the notice given him of a bench trial on his partition suit, and who complained about a motion for continuance of that trial so that the ex-husband

Fair Oaks Housing Partners, LP v. Hernandez, 616 S.W.3d 602 (Tex. App.—Houston [14th Dist.] 2020, no pet.) Successfully dismissed an appeal from a 2014 default judgment for lack of jurisdiction, rejecting the defendants’ argument that the default judgment was interlocutory because an unserved defendant was never nonsuited.  The court concluded that the default judgment was

In re Eagleridge Operating, LLC, No. 05-19-01171-CV, 2020 WL 408409 (Tex. App.—Dallas Jan. 24, 2020, orig. proceeding) (mem. op.) Denying mandamus relief, finding that trial court did not abuse its discretion in striking responsible third party designation by owner of gas facility of former minority-interest owner and contract-operator.  The court of appeals held that the

Kemp v. Brenham, No. 05-18-01377-CV, 2020 WL 205313 (Tex. App.—Dallas Jan. 14, 2020, pet. denied) (mem. op.) Reversed and rendered take nothing judgment on claims of constructive eviction, finding that landlord-tenant relationship no longer existed at the time the former tenant was locked out of the property, and no evidence that the tenant abandoned the

Griego v. Oliver, 316 P.3d 865 (N.M. 2013) (representing amicus curiae) Holding that statutory scheme that denied same-sex couples the right to marry violates the Equal Protection Clause of the New Mexico Constitution. Caren I. Friedman, Partner

Lane v. Manfre, No. 05-18-01305-CV, 2020 WL 104625 (Tex. App.—Dallas Jan. 9, 2020, pet. denied) (mem. op.) Affirmed summary judgment in favor of ex-husband on ex-wife’s assault claims based on prior settlement agreement that includes those same claims as part of parties’ divorce. Thad D. Spalding, Partner

Brazos Contractors Dev., Inc. v. Jefferson, 596 S.W.3d 291 (Tex. App.—Houston [14th Dist.] 2019, no pet. h.) Successfully affirmed $2.15m verdict, with court of appeals upholding jury finding of negligence based on general contractor’s retention of contractual control over subcontractor, even where jury found that general contractor did not retain actual control.  Court of appeals

In re Turner, 591 S.W.3d 121 (Tex. 2019) Court held that the expert-report requirement to proceed with a health-care-liability claim does not apply to a non-party doctor’s deposition when the doctor is a fact witness with knowledge relevant to claims against the defendant Hospital, even if the doctor may also face the possibility of becoming

Morris v. Ponce, 584 S.W.3d 922 (Tex. App.—Houston [14th Dist.] 2019, pet. filed) In matter of first impression, affirming denial of Chapter 74 motions to dismiss filed by newly-added nurses, holding that for purposes of section 74.351(a), an action does not commence as to each defendant until it is first named as a defendant. Dana

Hulsey v. Attalla, No. 01-18-00189-CV, 2019 WL 3484082 (Tex. App.—Houston [1st Dist.] Aug. 1, 2019, no pet. h.) (mem. op.) Affirming judgment following a jury trial concerning personal injuries suffered in an automobile collision.  In addition to rejecting the defendant’s many challenges to the jury’s causation and damage findings, the court of appeals also rejected

Maxion v. State, No. 02-18-00176-CR, 2019 WL 3269324 (Tex. App.—Fort Worth July 18, 2019, pet. ref’d) (en banc) Obtained reversal on en banc reconsideration holding that issue previously decided on appeal was not properly raised. Shelby J. White, Of Counsel

Barbara Tech. Corp. v. State Farm Lloyds, 589 S.W.3d 806 (Tex. 2019) In this hail damage case, the Texas Supreme Court effectively overruled the so-called Brashears rule to preserve a Texas Prompt Pay Act claim following an appraisal award in certain circumstances.  The Court was fractured with 5 justices in the majority, 1 justice concurring

The Univ. of Tex. M.D. Anderson Cancer Ctr. v. McKenzie, 578 S.W.3d 506 (Tex. 2019) Under the Texas Tort Claims Act, the State’s sovereign immunity is waived if a negligent decision is coupled with use of tangible personal property and the use proximately causes injury.  Because the Act does not require that the tangible personal

Bay Oaks SNF, LLC v. Lancaster, No. 18-0793 (Tex. June 21, 2019) Successfully defeated a healthcare provider’s petition for review to the Texas Supreme Court by providing merits briefing demonstrating that because the expert report satisfied Chapter 74 of the Texas Civil Practice and Remedies Code’s requirements regarding standard of care and causation as to

Galindo v. Garner, No. 05-19-00061-CV, 2019 WL 2098689 (Tex. App.—Dallas May 14, 2019, no pet. h.) (mem. op.). Successfully upheld an order denying a motion to transfer venue in a Texas Dram Shop Act case from Dallas County to Tarrant County on the basis that the plaintiffs had properly pleaded a cause of action against

Mitropoulos v. Pineda, No. 01-17-00795-CV, 2018 WL 6205855 (Tex. App.—Houston [1st Dist.] Nov. 29, 2018, no pet. h.) (mem. op.) In dispute between commercial property neighbors, successfully convincing the court of appeals to reverse and render a take-nothing judgment on a jury verdict awarding lost rental income for breach of a settlement agreement, finding legally

Mancilla v. TaxFree Shopping, Ltd., No. 05-18-00136, 2018 WL 6850951 (Tex. App.—Dallas Nov. 16, 2018, no pet.) (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

Abshire v. Christus Health Se. Texas, 563 S.W.3d 219 (Tex. 2018) (per curiam) Successfully reversing court of appeals’ judgment and finding that expert report adequately addressed both causation and the applicable standard of care under Chapter 74 of the Texas Civil Practice and Remedies Code and, importantly, confirming that the purpose of a claimant’s expert

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

Littell v. Houston Indep. Sch. Dist., 894 F.3d 616 (5th Cir. 2018) Reversing the dismissal of a civil rights case arising out of a sixth-grade assistant principal’s “mass, suspicionless strip search of the underwear of twenty-two preteen girls” in an effort to find a missing $50, finding that the search violated the girls’ constitutional rights

Shillinglaw v. Baylor Univ., 05-17-00498-CV, 2018 WL 3062451 (Tex. App.—Dallas June 21, 2018, pet. denied) The underlying case was a defamation action filed by a fired Baylor coach against several regents. The appeal involved, you guessed it, the anti-slapp MTD the trial court granted. The Court of Appeals affirmed the district court’s grant of attorneys’

In the Interest of C.E.C., a minor child, No. 05-17-01482-CV, 2018 WL 3062454 (Tex. App.—Dallas June 21, 2018, no pet.) (mem. op.) Successfully upholding judgment, under a clear and convincing evidence standard, terminating parental rights and imposing permanent injunction against a father convicted of child pornography, and placing the child with her grandparents. Thad D.

Garcia v. Wal-Mart Stores Texas, L.L.C., 893 F.3d 278 (5th Cir. 2018) Reversing summary judgment in a slip-and-fall case, finding that circumstantial creation evidence—evidence that the owner of a premises created the dangerous condition—can support an inference of knowledge on the part of the owner. Dana Levy, Partner

State of Texas v. T.S.N., 547 S.W.3d 617 (Tex. 2018) In a case of first impression, the Texas Supreme Court affirmed the right of a person who is wrongfully accused and later acquitted of a crime to have the records related to that arrest expunged—even though the person was also arrested on an unrelated offense,

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

McRay v. Dow Golub Remels & Beverly, LLP, 554 S.W.3d 702 (Tex. App.—Houston [1st Dist.] 2018, no pet.) Successfully reversed summary judgment awarding law firm unpaid attorney’s fees based on law firm’s failure to conclusively establish the reasonableness of fees charged to its former client. Dana Levy, Partner

Painter v. Amerimex Drilling I, Ltd., 561 S.W.3d 125 (Tex. 2018) Successfully reversed court of appeals opinion in dispute over vicarious liability of drilling company for its employee’s conduct in driving drilling crew to and from drill site.  Texas Supreme Court holds that “right to control” test is not an applicable or necessary part of

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. Kirk L. Pittard, Partner

Tran v. Bennett, 411 P.3d 345 (N.M. 2018) Reversing parental rights conferred on former husband of biological mother where child already had two legal parents, biological mother and biological father; reversing sanctions imposed on biological parents for taking their child on a family vacation that allegedly interfered with former husband’s scheduled visitation. Caren I. Friedman,

VanderLugt v. VanderLugt, 429 P.3d 1269 (N.M. Ct. App. 2018) As a matter of first impression, holding that wife had no community lien interest in asset of irrevocable trust – a life insurance policy with a net death benefit over $5 million – where husband created and funded the trust prior to marriage. Caren I.

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. Kirk L. Pittard, Partner

BoRain Capital, LLC v. Hashmi, 533 S.W.3d 32 (Tex. App.—San Antonio 2017, pet. denied) Successfully challenged trial court’s grant of judgment notwithstanding a verdict following a jury trial in which the jury determined there to be no contract between BoRain and Hashmi.  The court of appeals found that the trial court erred in granting judgment

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. Kirk L. Pittard, Partner

Randell v. Galbreath, No. 11-15-00056-CV, 2017 WL 2698113 (Tex. App.⎯Eastland June 22, 2017, no pet.) (mem. op) Successfully defended summary judgment granted in favor of lawyers against former client arising out of client’s settlement of personal injury claims.

Autosource Dallas, LLC v. Addison Aeronautics, LLC, No. 05-16-00838-CV, 2017 WL 2492787 (Tex. App.—Dallas June 9, 2017, no pet.) (mem. op.) Successfully defended summary judgment in favor of landlord for unpaid rent by commercial tenant who terminated lease early, but failed to pay full amount of rent owed.  Tenant argued that landlord did not sufficiently

State v. T.S.N., 523 S.W.3d 171 (Tex. App.—Dallas 2017), aff’d, 547 S.W.3d 617 (Tex. 2018) In a case of first impression, the court of appeals affirmed an order granting the expunction of records relating to an arrest for felony aggravated assault for which T.S.N. was subsequently acquitted.  The State, claiming that the entire expunction statute