Significant Victories
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.
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.
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.
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.
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.
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.
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.
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.
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.
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 by the Emergency Room statute.
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.
Turner v. Hendon, 269 S.W.3d 243 (Tex. App.—El Paso 2008, pet. denied)
Reversing and rendering a judgment based on legally insufficient evidence in a case involving a challenge to a deed conveying real property.
Akins v. Radiator Specialty Co., No. Civ. A 3:05-451, 2006 WL 2850444 (W.D. Pa. Sept. 29, 2006)
Granting the Plaintiff’s motion for remand in a toxic tort Benzene exposure case based on a lack of complete federal preemption.
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.
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.
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.
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.
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.