Significant Victories

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

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

In the Interest of P.M.K., No. 05-15-01181-CV, 2017 WL 462343 (Tex. App.—Dallas Jan. 30, 2017, no pet.)(mem. op.) Successfully defended Texas and Louisiana courts’ determination that, while Texas court had jurisdiction as the child’s “home state” under the Uniform Child Custody Jurisdiction and Enforcement Act, Louisiana court was the more convenient forum and therefore could

Tomlinson v. Weatherford, 399 P.3d 961 (N.M. Ct. App. 2017) In complex multi-jurisdictional same-sex custody battle, reversing district court’s finding that petition should be heard in Oklahoma and remanding for adjudication of parentage of biological mother’s former domestic partner. Caren I. Friedman, Partner

Hornbuckle v. Keller Williams Realty, No. 02-15-00398-CV, 2016 WL 7405807 (Tex. App.—Fort Worth Dec. 22, 2016, no pet. h.) (mem. op.) Dismissing appeal pursuant to vexatious litigant statute, where Hornbuckle repeatedly filed lawsuits contesting the foreclosure on a specific piece of real property in Arlington, Texas, including this case.  The court of appeals concluded that

Wright v. Menta, No. 05-15-00272-CV, 2016 WL 3141578 (Tex. App.—Dallas June 6, 2016, pet. denied) (mem. op.) Affirming arbitration award and rejecting argument that arbitration award should be vacated based on manner in which attorney’s fees records were submitted, and rejecting argument that award regarding interest in patents was unenforceably vague. Leighton Durham, Partner

Austin v. Coface Seguro de Credito Mexico, S.A. de C.V., 506 S.W.3d 707 (Tex. App.—Houston [1st Dist.] 2016, pet. denied). In appeal involving validity of abstract of judgment, court of appeals found that abstract filed under Hispanic judgment debtor’s maternal surname was sufficient to give notice of the judgment to the public.

Young v. Pulte Homes of Tex., L.P., No. 02-14-00224-CV, 2016 WL 4491517 (Tex. App.—Fort Worth Aug. 26, 2016, no pet.) (mem. op.) In a personal injury case arising out of faulty construction of family’s new home, the court of appeals reversed the trial court’s judgment which dismissed the parents’ claims for failing to disclose the

Premier Pools Mgmt. Co. v. Premier Pools, Inc., No. 05-14-01388-CV, 2016 WL 4258830 (Tex. App.—Dallas Aug. 12, 2016, pet. denied) (mem. op.) In common law trademark case, upholding jury’s findings of secondary meaning, trademark infringement, trademark dilution, and unfair competition, and award of lost profits, disgorged profits, and permanent injunctive relief. Thad D. Spalding, Partner

Siddiqui v. Fancy Bites, LLC, 504 S.W.3d 349 (Tex. App.—Houston [14th Dist.] 2016, pet. denied) In a commercial fraud-by-nondisclosure case involving the development and operation a fried chicken franchise, Houston’s Fourteenth Court of Appeals upheld the award of nearly $600,000 in damages–including $100,000 in exemplary damages.

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

City of Houston v. Roman, No. 01-15-01042-CV, 2016 WL 3748851 (Tex. App.—Houston [1st Dist.] July 12, 2016, no pet.) (mem. op.) Affirming trial court’s denial of City’s plea to the jurisdiction arising out of injuries suffered when a City of Houston police dog attacked and injured a minor.  The court of appeals held that use

Poledore v. Poledore, No. 05-15-00619-CV, 2016 WL 2620648 (Tex. App.—Dallas May 6, 2016, pet. denied) (mem. op.) Upholding a post-answer default judgment in a divorce proceeding, where the appellant attempted to challenge the judgment on due process grounds, but failed to file a motion for new trial or introduce evidence satisfying the Craddock factors.

Harlingen Med. Ctr. Ltd. P’ship v. Andrade, No. 13-14-0700-CV, No. 13-15-0119-CV, 2016 WL 1613297 (Tex. App.—Corpus Christi April 21, 2016, pet. dismissed) Affirming trial court’s ruling refusing to dismiss medical malpractice case based on the defendants’ challenge to the Chapter 74 expert reports. Leighton Durham, Partner

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,

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

Hancock v. Nicoley, 392 P.3d 175 (N.M. Ct. App. 2016) Reversing error of district court in awarding windfall of parcel of land in boundary dispute between neighboring ranchers. Caren I. Friedman, Partner

Ginn v. NCI Bldg. Sys., Inc., 472 S.W.3d 802 (Tex. App.—Houston [1st Dist.] 2015, no pet.) The court of appeals affirmed the trial court’s judgment against Ginn, who NCI Building Systems had sued for theft of trade secrets. Lara Hollingsworth, Partner

William Marsh Rice Univ. v. Refaey, 459 S.W.3d 590 (Tex. 2015) The Supreme Court concluded that the court of appeals erred in dismissing for want of jurisdiction Rice University’s appeal. Pursuant to Texas Civil Practice and Remedies Code section 51.014, Rice University sought interlocutory review of the trial court’s denial of summary judgment based on

Bay Area Healthcare Group, Ltd. v. Martinez, No. 13-15-00118-CV, 2015 WL 7352596 (Tex. App.—Corpus Christi Nov. 19, 2015, no pet.) (mem. op.) Successfully convinced court of appeals that housekeeper’s claim for injuries suffered when medical center employer required her to lift very heavy items was not a health care liability claim to which Chapter 74 of

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. Kirk L. Pittard, Partner

Katy Springs & Mfg. Inc. v. Favalora, 476 S.W.3d 579 (Tex. App.—Houston [14th Dist.] 2015, pet. denied) Affirming almost the entirety of a judgment in excess of $800,000 in a nonsubscriber case against a negligent employer.  In addition to raising the usual factual and legal sufficiency arguments regarding the liability and damage findings, the defendant also raised

Okon v. Boldon, No. 02-14-00334-CV, 2015 WL 4652775 (Tex. App.—Fort Worth Aug. 6, 2015, no pet.) (mem. op.) Upholding a default judgment in favor of a personal injury plaintiff, where the defendant attempted to challenge the judgment through a bill of review more than four years after the judgment was entered, claiming extrinsic fraud in

Kroger Co. v. Milanes, 474 S.W.3d 321 (Tex. App.—Houston [14th Dist.] 2015, no pet.) Affirming a $1.1 million judgment in favor of injured Kroger employee following an incident in which he lost four fingers on his dominant hand, and in the process rejecting Kroger’s arguments, among many others, that its duties should be limited to those owed by

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

Brazos Presbyterian Homes, Inc. v. Rodriguez, 468 S.W. 3d 175 (Tex. App.–Houston [14th Dist.] 2015, no pet.) A custodian employed by a cleaning company was injured when an elevator malfunctioned in a nursing home facility where she was working; following the recent decision in Ross v. St. Luke’s, the court held there was no“substantive nexus”

In re Memorial Herman Hosp. Sys., 464 S.W.3d 686 (Tex. 2015) Dr. Gomez brought suit against  Memorial Hermann, his former employer, seeking damages caused by the hospital’s defamatory “whisper campaign” against him.  The hospital claimed that all the relevant documents were protected by the medical peer review privilege; on mandamus, the Texas Supreme Court held that

Brown & Gay Eng’g, Inc. v. Olivares, 461 S.W.3d 117 (Tex. 2015) Private engineering firm retained by a governmental entity to design and build a toll road asserted “derivative sovereign immunity” protects it from liability for a three-fatality accident caused by negligent design.  The Supreme Court declined to expand the doctrine of governmental immunity to

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. Kirk L. Pittard, Partner

State v. Flores, 355 P.3d 81 (N.M. Ct. App. 2015) Reversing reckless child abuse conviction and 18-year term of imprisonment of father whose baby died while in his care. Caren I. Friedman, Partner

Williams v. BNSF Railway Co., 359 P.3d 158 (N.M. Ct. App. 2015) Upholding judgment on jury verdict in favor of employee injured by railroad, rejecting railroad’s challenge to admission of evidence of subsequent remedial measures and of injuries to other railroad employees. Caren I. Friedman, Partner

Nabors Well Services, Ltd. v. Romero, 456 S.W.3d 553 (Tex. 2015) Though, as expected, the court modernized the law to allow evidence of non-use of seat belts, ensured that such evidence needs to be supported by expert testimony; case remanded to court of appeals, with judgment intact, to determine whether defense evidence met Daubert standards.

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. Kirk L. Pittard, Partner and Leigh

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. Kirk L. Pittard, Partner and Leigh Prichard Bradford, Of Counsel

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. Kirk L. Pittard, Partner

Blaylock v. Holland, No. 05-13-01197-CV, 2014 WL 3736210 (Tex. App.— Dallas July 14, 2014, no pet.) (mem. op.) Reversing a trial court’s refusal to award clients trial court costs following successful appeal of adverse judgment. Thad D. Spalding, Partner

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. Kirk L. Pittard,

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. Kirk L. Pittard, Partner and Leighton Durham, Partner

Texas Dept. of Public Safety v. Randolph, No. 02–13–00025–CV, 2014 WL 1875826 (Tex. App.—Fort Worth May 8, 2014, pet. denied) (mem. op.) Successfully defended against petition for discretionary review in the Texas Supreme Court finding that the trial court correctly interpreted the State’s statutory conceal-carry requirements. Shelby J. White, Of Counsel

Atherton v. Gopin, 340 P.3d 630 (N.M. Ct. App. 2014), cert. granted 344 P.3d 988 (N.M. 2014) Reversing “draconian” use of summary judgment procedure as antithetical to New Mexico’s approach. Caren I. Friedman, Partner

Galindo v. Prosperity Partners, Inc., 429 S.W.3d 690 (Tex. App.–Eastland 2014, pet. denied) Obtained reversal and remand of trial court dismissal order on ground that failure to pay “front pay” discovery sanctions could not become basis for death penalty sanction.

Del Carmen Canas v. Centerpoint Energy Res. Corp., 418 S.W.3d 312 (Tex. App.—Houston [14th Dist.] 2013, no pet.) Successfully reversing summary judgment in part in a wrongful-death action against a natural gas provider in which provider’s gas lines leaked, allowing odorless gas to accumulate in the decedent’s home, at which point it exploded, severely burning,

Drury Southwest, Inc. v. Louie Ledeaux No. 1, Inc., No. 04-12-00837-CV, 2013 WL 5812989 (Tex. App.—San Antonio Oct. 30, 2013, opinion withdrawn pursuant to settlement)  Affirmed $1.1 million dollar award, including $800,000 in punitive damages, in commercial fraud case involving a real estate lease.

In re Loya Ins. Co., No. 01-13-00242-CV, 2013 WL 5637702 (Tex. App.—Houston [1st Dist.] Oct. 15, 2013, orig. proceeding) (mem. op.) Denial of mandamus of summary judgment in class action, where insurer attempted to “pick off” the class representative by settling with him

CKH Family Ltd. P’ship v. MGD/CCP Acquisition, LLC, No. 05-12-00573-CV, 2013 WL 5614304 (Tex. App.—Dallas Oct. 14, 2013, no pet.) (mem. op.) Successfully defended order dismissing claims based on parties’ contractual forum selection clause. Thad D. Spalding, Partner

Van Voris v. Team Chop Shop, LLC, 402 S.W.3d 915 (Tex. App.—Dallas 2013, no pet.) Reversed summary judgment originally granted on ground of release.  Court held that Van Voris released only his claims for negligence, not gross negligence.

Long v. Elliott, 416 S.W.3d 152 (Tex. App.–Eastland 2013, no pet.) Requiring return of erroneously forfeited attorney’s fees. Kirk L. Pittard, Partner

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 Kirk L. Pittard, Partner and Leighton Durham, Partner

Borowski v. Ayers, 432 S.W.3d 344 (Tex. App.—Waco 2013, no pet.) Successfully dismissed interlocutory appeal under CPRC section 51.014(d) where order denying summary judgment did not substantively rule on any controlling legal issue Leighton Durham, Partner

Blaylock v. Holland, 396 S.W.3d 720 (Tex. App.— Dallas 2013, no pet.) 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

Richardson v. Richardson, No. 05-12-01123-CV, 2013 WL 3326870 (Tex. App.— Dallas June 27, 2013, no pet.) (mem. op.) Successfully defended judgment appointing client as sole managing conservator of his children following week-long child custody jury trial. Thad D. Spalding, Partner

Shafighi v. Texas Farmers Ins. Co., No. 14-12-00082-CV, 2013 WL 1803609 (Tex. App.— Houston [14th Dist.] April 30 2013, no pet.) (mem. op.) 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.

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

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. Kirk L. Pittard, Partner

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.  Kirk L. Pittard, Partner

In re Wright, No. 05-12-00370-CV, 2012 WL 1883069 (Tex. App.—Dallas May 23, 2012, orig. proceeding) (mem. op.) Denial of defendants’ petition for mandamus attempting to have 18 plaintiffs’ cases severed into 18 separate trials. Leighton Durham, Partner

Chatterjee v. King, 280 P.3d 283 (N.M. 2012) As a matter of first impression, holding that Uniform Parentage Act’s statutory presumption conferring status of father on a man applies equally to same-sex partner of child’s adoptive mother, noting that classifications based on gender are presumptively unconstitutional and that denying partner opportunity to establish parentage would

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. Kirk L. Pittard, Partner

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.

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. Kirk L. Pittard, Partner

Escalante v. Rowan, 251 S.W.3d 720 (Tex. App.—Houston [14th Dist.] 2008), rev’d on other grounds, 332 S.W.3d 365 (Tex. 2011)  In medical malpractice case, obtaining reversal of summary judgment granted on “loss of chance” doctrine. 

Drury Southwest, Inc. v. Louie Ledeaux No. 1, Inc., 350 S.W.3d 287 (Tex. App.—San Antonio 2011, pet. denied)  Affirming trial court judgment on liability and preserving right to re-elect remedies on remand.

Commerce & Industry Ins. Co. v. Ferguson-Stewart, 339 S.W.3d 744 (Tex. App.—Houston [1st Dist.] 2011, no pet.) Affirming trial court judgment after jury verdict in a workers’ compensation judicial review case.

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. Kirk L. Pittard, Partner and Leighton Durham, Partner

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. Kirk L. Pittard, Partner, Leigh Prichard Bradford, Of Counsel, and Leighton Durham, Partner

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. Kirk L. Pittard, Partner

Thompson v. Ace American Ins. Co., No. 01-10-00810-CV, 2011 WL 3820889 (Tex. App.–Houston [1st Dist.] Aug. 25, 2011, pet. denied) Obtaining reversal and remand of judgment after jury verdict in 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) (mem. op.) Denying petition for mandamus concerning trial court’s denial of a motion to designate a responsible third party. Leighton Durham, Partner and Kirk L. Pittard, Partner

Greater Houston Transp. Co. v. Parks, No. 01-09-00543-CV, 2011 WL 941234 (Tex. App.—Houston [1st Dist.] Mar. 17, 2011, no pet.) (mem. op.) 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) (mem. op.) Denying petition for mandamus concluding that the parties may agree to alter the statutory deadlines for designating responsible third parties. Kirk L. Pittard, Partner and Leighton Durham, Partner

Clemens v. McNamee, 615 F.3d 374 (5th Cir. 2010) The Fifth Circuit determined that Brian McNamee was entitled to judicial immunity for statements he made to the Mitchell Commission, which was hired by MLB to investigate steroid use in major league baseball. Lara Hollingsworth, Partner

In re Taylor, No. 01-10-00893-CV, 2010 WL 4395873 (Tex. App.—Houston [1st Dist.] Oct. 29, 2010, orig. proceeding) (mem. op.)  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) (supp’l mem. op. on rehearing)  Obtaining reversal and modification in DTPA case in which trial court failed to award attorney’s fees to plaintiff.

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.

Transcontinental Ins. Co. v. Crump, 274 S.W.3d 86 (Tex. App.—Houston [14th Dist.] 2008), rev’d, 330 S.W.3d 211 (Tex. 2010) Affirming judgment after jury verdict in workers compensation judicial review case.

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. Kirk L. Pittard, Partner

In re Brittingham, 319 S.W.3d 95 (Tex. App.—San Antonio 2010, orig. proceeding) (mem. op.) 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.

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. 

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. Leighton Durham, Partner and Kirk L. Pittard, Partner

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. Kirk L. Pittard, Partner and Leighton Durham, Partner

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. Kirk L. Pittard, Partner and Leighton Durham, Partner

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. Kirk L. Pittard, Partner

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. Kirk L. Pittard, Partner and Leighton Durham, Partner

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. Kirk L. Pittard, Partner and Leighton Durham, Partner

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. Leighton Durham, Partner and Kirk L. Pittard, Partner

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. Kirk L. Pittard, Partner

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. Leighton Durham, Partner and Kirk L. Pittard, Partner

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. Kirk L. Pittard, Partner

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. Kirk L. Pittard, Partner and Leighton Durham, Partner

City of Irving v. Seppy, 301 S.W.3d 435 (Tex. App.—Dallas 2009, no pet.) Affirming the denial of a plea to the jurisdiction filed by the City of Irving based on a claim of sovereign immunity. Leighton Durham, Partner

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

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. Kirk L. Pittard, Partner

In re Brittingham-Sada, No. 04-09-00488-CV, 2009 WL 2568341 (Tex. App.—San Antonio Aug. 19, 2009, orig. proceeding) (mem. op.)  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) (mem. op.) Defeating mandamus attempt to avoid discovery on jurisdictional grounds.

Texas Mut. Ins. Co. v. Durst, No. 04-07-00862-CV, 2009 WL 490056 (Tex. App.—San Antonio Feb. 25, 2009, no pet.) (mem. op.) 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) (mem. op.)  Defeating mandamus attempt to dismiss case on forum non conveniens grounds.

State ex rel. CYFD v. John R., 203 P.3d 167 (N.M. Ct. App. 2009) Reversing termination of father’s parental rights where district court erred in failing to appoint counsel for child who was over the age of 14, even where child had a disability and was not functioning at the mental age of 14; holding

Sherouse v. Ratchner, 573 F.3d 1055 (10th Cir. 2009) In suit against police officers challenging arrest under 42 U.S.C. § 1983, reversing in part judgment on jury verdict for defendants, holding that probable cause to support arrest was lacking where officer observed inherently innocuous behavior with a plausible innocent explanation. Caren I. Friedman, Partner