
Significant Victories
SCI Texas Funeral Servs., Inc. v. Nelson, 540 S.W.3d 539 (Tex. 2018)
Holding that a funeral home owes a common law duty to a deceased's next of kin to not mishandle the deceased’s body and that such a duty need not be based on the existence of a contract.
In re East Texas Med. Ctr., 12-17-00183-CV, 2017 WL 4675511 (Tex. App.—Tyler Oct. 18, 2017, orig. proceeding) (mem. op.)
Successfully defeating hospital's mandamus petition challenging a trial court order taking judicial notice of administrative rules promulgated by the Texas Medical Board.
Smith v. Johnson, 05-16-01261-CV, 2017 WL 3275517 (Tex. App.—Dallas July 26, 2017, no pet.) (mem. op.)
Successfully defended medical providers’ appeal, challenging the plaintiff’s Chapter 74 expert reports in a case in which the medical providers’ negligence resulted in the amputation of the plaintiff’s leg.
D.A. v. Texas Health Presbyterian Hosp. of Denton, 514 S.W.3d 431 (Tex. App.—Fort Worth 2017, pet. filed)
Reversed and rendered judgment following permissive appeal, holding that section 74.153 of the Civil Practice and Remedies Code, which applies a lower “willful and wanton” standard of care to medical care provided in a hospital emergency room does not apply to medical care provided an expectant mother in an obstetrical unit.
In the Interest of H.S., a minor child, No. 02-15-00303-CV, 2016 WL 4040497 (Tex. App.—Fort Worth July 28, 2016, pet. granted) (mem. op.)
In suit affecting the parent-child relationship (SAPCR) in which grandparents sought managing conservatorship over the child, court of appeals concluded that the grandparents did not have standing to file the SAPCR because they did not have actual care and control over the child for the statutory required six months.
Luig v. North Bay Enters., Inc., 817 F.3d 901 (5th Cir. 2016).
In a breach of contract case arising out of the sale of a helicopter, the Fifth Circuit vacated the District Court’s sua sponte grant of summary judgment against the buyer on a notice of revocation/rejection of acceptance issue never raised by the seller, finding that the District Court abused its discretion by not considering the evidence of rejection or revocation presented by the buyer in its Rule 59(e) motion.
Archer v. Tunnell, No. 05-15-00549-CV, 2016 WL 519632 (Tex. App.—Dallas Feb. 9, 2016, no pet.) (mem. op.)
Dismissing interlocutory appeal, originating from claim that collision with cow owned by a former doctor was really a health care liability case that required a Chapter 74 expert report, and sanctioning doctor and his attorney for refusing to dismiss frivolous appeal.
In re State Farm Lloyds, No. 13-14-00616-CV, 2015 WL 6520998 (Tex. App.--Corpus Christi Oct. 28, 2015, orig. proceeding) (mem. op.)
Denying mandamus relief and requiring the production of electronically stored information in native or near native format.
Mitchell v. Satyu, No. 05-14-00479-CV, 2015 WL 3765771 (Tex. App.—Dallas June 17, 2015, no pet.) (mem. op.)
Reversing trial court’s dismissal of a medical malpractice case, concluding that trial court abused its discretion in doing so and that the Chapter 74 expert report sufficiently demonstrated a causal relationship between the physician’s negligence and the death of Mr. Mitchell.
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.