Significant Victories
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.
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.
Ex parte M.R.R., 223 S.W.3d 499 (Tex. App.—Amarillo 2006, pet. dism’d)
Successfully affirmed judgment of expunction by defeating State’s argument that statutory limitation period does not apply to misdemeanor arrests
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.
Tijerina v. Mackie, No. 04-05-00213-CV, 2006 WL 397936 (Tex. App.—San Antonio Feb. 22, 2006, pet. denied) (mem. op.)
Affirming appellate jurisdiction of interlocutory appeal from probate order.
State v. Romero, 142 P.3d 887 (N.M. 2006) (representing amicus curiae)
Holding that State does not have jurisdiction to prosecute enrolled tribal members for alleged crimes occurring within the exterior boundaries of an Indian Pueblo.
Padilla v. Wall Colmonoy Corp., 145 P.3d 110 (N.M. Ct. App. 2006)
On interlocutory appeal, affirming denial of employer’s motion to dismiss wrongful death case arising from workplace injury; retroactively applying Supreme Court precedent stating that exclusivity provision of Workers’ Compensation Act does not protect employer from tort suit where employer willfully or intentionally injures worker.
Coleman v. City of Las Cruces, 137 P.3d 670 (N.M. Ct. App. 2006)
Affirming jury verdict for injured pedestrian, holding that a plaintiff is not required to name an individual public employee as a defendant to recover damages under the Tort Claims Act; naming only a governmental entity is sufficient.
Burrell v. Armijo, 456 F.3d 1159 (10th Cir. 2006)
Holding that Indian Pueblo did not waive its sovereign immunity on breach of lease claim, and tribal officials were not liable under 42 U.S.C. § 1983 for actions taken under color of tribal law.
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.
Redland Ins. Co. v. Southwest Stainless, L.P., 181 S.W.3d 509 (Tex. App.—Fort Worth 2005, no pet.)
Upheld judgment against surety on payment bond where surety complained of technical notice given to general contractor
Audino v. Raytheon Co. Short Term Disability Plan, 129 Fed. App’x 882 (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, No. 10-03-00319-CV, 2005 WL 241224 (Tex. App.—Waco Feb. 2, 2005, no pet.)
Appeal of a forcible entry and detainer action.
Williams v. Stewart, 112 P.3d 281 (N.M. Ct. App. 2005)
In class action brought by family members of decedents whose body parts were taken surreptitiously and used in experiments at Los Alamos National Laboratory to test plutonium levels, reversing summary judgment on statute of limitation grounds granted in favor of physician who performed autopsies in aid of experiments.
In re Mousa, No. 01-04-00485-CV, 2004 WL 2823172 (Tex. App.—Houston [1st Dist.] Dec. 9, 2004, orig. proceeding) (mem. op.)
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.) (mem. op.)
Affirming grant of summary judgment for return of money loaned on three out of four grounds; case subsequently dismissed.
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.
Gallardo v. Ugarte, 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.
Gibson v. Ellis, 126 S.W.3d 324 (Tex. App.—Dallas 2004, no pet.)
Upheld jury verdict in favor of defendant attorney in legal malpractice case, including award of sanctions in favor of defendant attorney
Ter-Vartanyan v. R&R Freight, Inc., 111 S.W.3d 779 (Tex. App.—Dallas 2003, pet. denied)
Upholding admissibility of expert reconstruction testimony of investigating officer