Significant Victories
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.
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.
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.
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.
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.
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.
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
Long v. Elliott, 416 S.W.3d 152 (Tex. App.–Eastland 2013, no pet.)
Requiring return of erroneously forfeited attorney’s fees.
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 a foundation that ruined a homeowner’s house.
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.
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.
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.