Significant Victories
Brazos Presbyterian Homes, Inc. v. Rodriguez, 468 S.W. 3d 175 (Tex. App.--Houston [14th Dist.] 2015, no pet.)
A custodian employed by a cleaning company was injured when an elevator malfunctioned in a nursing home facility where she was working; following the recent decision in Ross v. St. Luke’s, the court held there was no“substantive nexus” between Rodriguez’s claims relating to the nursing home’s maintenance of its elevator and Brazos Manor’s provision of health care.
In re Memorial Herman Hosp. Sys., 464 S.W.3d 686 (Tex. 2015)
Dr. Gomez brought suit against Memorial Hermann, his former employer, seeking damages caused by the hospital’s defamatory “whisper campaign” against him. The hospital claimed that all the relevant documents were protected by the medical peer review privilege; on mandamus, the Texas Supreme Court held that the “anticompetitive action” exception to the privilege applies, and ordered the vast majority of the documents produced.
Brown & Gay Eng'g, Inc. v. Olivares, 461 S.W.3d 117 (Tex. 2015)
Private engineering firm retained by a governmental entity to design and build a toll road asserted “derivative sovereign immunity” protects it from liability for a three-fatality accident caused by negligent design. The Supreme Court declined to expand the doctrine of governmental immunity to include government contractors, allowed the suit against the engineering firm to proceed.
State v. Flores, 355 P.3d 81 (N.M. Ct. App. 2015)
Reversing reckless child abuse conviction and 18-year term of imprisonment of father whose baby died while in his care.
Williams v. BNSF Railway Co., 359 P.3d 158 (N.M. Ct. App. 2015)
Upholding judgment on jury verdict in favor of employee injured by railroad, rejecting railroad’s challenge to admission of evidence of subsequent remedial measures and of injuries to other railroad employees.
Nabors Well Services, Ltd. v. Romero, 456 S.W.3d 553 (Tex. 2015)
Though, as expected, the court modernized the law to allow evidence of non-use of seat belts, ensured that such evidence needs to be supported by expert testimony; case remanded to court of appeals, with judgment intact, to determine whether defense evidence met Daubert standards.
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.
Blaylock v. Holland, No. 05-13-01197-CV, 2014 WL 3736210 (Tex. App.— Dallas July 14, 2014, no pet.) (mem. op.)
Reversing a trial court’s refusal to award clients trial court costs following successful appeal of adverse judgment.
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.
Atherton v. Gopin, 340 P.3d 630 (N.M. Ct. App. 2014), cert. granted 344 P.3d 988 (N.M. 2014)
Reversing “draconian” use of summary judgment procedure as antithetical to New Mexico’s approach.
Galindo v. Prosperity Partners, Inc., 429 S.W.3d 690 (Tex. App.--Eastland 2014, pet. denied)
Obtained reversal and remand of trial court dismissal order on ground that failure to pay “front pay” discovery sanctions could not become basis for death penalty sanction.
Texas Dept. of Public Safety v. Randolph, No. 02–13–00025–CV, 2014 WL 1875826 (Tex. App.—Fort Worth May 8, 2014, pet. denied) (mem. op.)
Successfully defended against petition for discretionary review in the Texas Supreme Court finding that the trial court correctly interpreted the State’s statutory conceal-carry requirements.
Del Carmen Canas v. Centerpoint Energy Res. Corp., 418 S.W.3d 312 (Tex. App.—Houston [14th Dist.] 2013, no pet.)
Successfully reversing summary judgment in part in a wrongful-death action against a natural gas provider in which provider’s gas lines leaked, allowing odorless gas to accumulate in the decedent’s home, at which point it exploded, severely burning, injuring, and ultimately killing the decedent.
Drury Southwest, Inc. v. Louie Ledeaux No. 1, Inc., No. 04-12-00837-CV, 2013 WL 5812989 (Tex. App.—San Antonio Oct. 30, 2013, opinion withdrawn pursuant to settlement)
Affirmed $1.1 million dollar award, including $800,000 in punitive damages, in commercial fraud case involving a real estate lease.
In re Loya Ins. Co., No. 01-13-00242-CV, 2013 WL 5637702 (Tex. App.—Houston [1st Dist.] Oct. 15, 2013, orig. proceeding) (mem. op.)
Denial of mandamus of summary judgment in class action, where insurer attempted to “pick off” the class representative by settling with him
CKH Family Ltd. P’ship v. MGD/CCP Acquisition, LLC, No. 05-12-00573-CV, 2013 WL 5614304 (Tex. App.—Dallas Oct. 14, 2013, no pet.) (mem. op.)
Successfully defended order dismissing claims based on parties’ contractual forum selection clause.