Significant Victories
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.
City of Irving v. Seppy, 301 S.W.3d 435 (Tex. App.—Dallas 2009, no pet.)
Affirming the denial of a plea to the jurisdiction filed by the City of Irving based on a claim of sovereign immunity.
Lanphier v. Avis, 244 S.W.3d 596 (Tex. App.—Texarkana 2008, pet. dism’d by agr.)
Affirming a trial court's denial of a defendant's motion to dismiss in a medical malpractice case.
Boulle v. Boulle, 254 S.W.3d 701 (Tex. App.--Dallas 2008, pet. denied)
Successfully protected a judgment rendered after a jury trial in a complicated commercial suit involving more than $250 million in alleged damages.
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.
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.
Hoffman-LaRoche, Inc. v. Kwasnik, 109 S.W.3d 21 (Tex. App.—El Paso 2003, orig. proceeding)
Successfully defended a trial court's order denying Hoffman-LaRoche, Inc.'s special appearance.