
Significant Victories
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.