Significant Victories
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.
Johannsen v. Nabors Indus., Inc., No. 14-03-00056-CV, 2003 WL 1566560 (Tex. App.—Houston [14th Dist.] Mar. 27, 2003, no pet.) (mem. op.)
Obtaining determination that judgment that did not include attorney fee award was final, and attorney fees were no longer available.
Ebbert v. DaimlerChrysler Corp., 319 F.3d 103 (3d Cir. 2003)
Reversing summary judgment for employer in suit brought by employee under the Americans with Disabilities Act.
Fenney v. Dakota, Minnesota & Eastern R.R. Co., 327 F.3d 707 (8th Cir. 2003)
Reversing summary judgment for employer in suit brought by employee under the Americans with Disabilities Act.
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.
Long Distance Intern., Inc. v. Telefonos de Mexico, S.A. de C.V., 49 S.W.3d 347 (Tex. 2001)
Obtaining reversal of summary judgment based on interpretation of repealed Mexican telecommunications regulation.
EEOC v. J.H. Routh Packing Co., 246 F.3d 850 (6th Cir. 2001)
Reversing judgment on the pleadings entered in favor of company charged with discrimination under the Americans with Disabilities Act.
EEOC v. Roadway Express, Inc., 261 F.3d 634 (6th Cir. 2001)
Affirming order to show cause to compel compliance with subpoena due to company’s failure to turn over documents relevant to Commission’s charge of race and sex discrimination.
Pollard v. E.I. DuPont de Nemours & Co., 532 U.S. 843 (2001) (representing EEOC as co-counsel with Solicitor General on behalf of United States as amicus curiae)
In Title VII hostile work environment claim, holding that front pay is not an element of compensatory damages subject to the statutory cap in the Civil Rights Act of 1991.
Farrell v. Planters Lifesavers Co., 206 F.3d 271 (3d Cir. 2000) (representing amicus curiae)
In Title VII case, holding that district court applied wrong standards in determining that employee failed to establish a prima facie case of retaliation and quid pro quo sexual harassment; reversing in part summary judgment for employer.
EEOC v. W & O, Inc., 213 F.3d 600 (11th Cir. 2000)
Affirming awards of punitive damages to class of women under the Pregnancy Discrimination Act against employer who had a written policy barring pregnant waitresses from waiting tables past their fifth month of pregnancy; concluding that there was sufficient evidence for jury to find that employer acted with reckless indifference to the civil rights of its pregnant employees; as a matter of first impression, holding that each aggrieved employee may receive up to the full amount permitted by the applicable statutory cap on damages.
EEOC v. Stowe-Pharr Mills, Inc., 216 F.3d 373 (4th Cir. 2000)
Reversing summary judgment for employer in suit brought under the Americans with Disabilities Act; in spite of plaintiff’s statement in Social Security Disability Insurance application about her inability to work, the Commission was not estopped from asserting that plaintiff was a qualified individual with a disability, i.e. that she could perform the job’s essential functions with or without a reasonable accommodation.
Perseus, Inc. v. Canody, 995 S.W.2d 202 (Tex. App.—San Antonio, 1999, no pet.)
Affirming judgment in favor of plaintiff in dram shop case tried to a verdict.
Valdes v. Wal-Mart Stores, Inc., 158 F.3d 584, 1998 WL 648571 (5th Cir. 1998) (not designated for publication)
Reversing and remanding for lack of subject matter jurisdiction on ground that non-diverse store manager owed independent duty to premises plaintiff.
Isbell v. Ryan, 983 S.W.2d 335 (Tex. App.—Houston [14th Dist.] 1998, no pet.)
Reversing summary judgment granted on negligent supervision cause of action.