Allstate Fire &amp; Cas. Ins. Co. v. Yarum</em>, No. 05-22-01004-CV, 2024 WL 3963861 (Tex. App.—Dallas Aug. 28, 2024, no pet. h.)
Successfully defended appeal of final judgment following jury verdict in uninsured/underinsured motorist case. Allstate challenged the sufficiency of evidence to support past medical expenses, various evidentiary rulings, the award of prejudgment interest, and the award of attorney’s fees under the Declaratory Judgment Act, and the Dallas Court of Appeals systematically rejected every argument.

State Farm Mut. Auto. Ins. Co. v. Valdez, 690 S.W.3d 712 (Tex. App.—San Antonio 2024, pet. filed)
Successfully defended appeal of final judgment following jury verdict in uninsured/underinsured motorist case. Allstate challenged the sufficiency of evidence to support past medical expenses, various evidentiary rulings, the award of prejudgment interest, and the award of attorney’s fees under the Declaratory Judgment Act, and the Dallas Court of Appeals systematically rejected every argument.

Byrd v. Cornelius, 52 F.4th 265 (5th Cir. 2022)
Successfully convinced court of appeals to dismiss officers’ qualified immunity appeal for lack of jurisdiction in light of material factual disputes regarding the officers’ use of force. The Fifth Circuit determined that video of the incident did not conclusively establish reasonable force, and that the law clearly established that officers’ use of force was excessive force in circumstances consistent with the Plaintiff’s version of events.

Crane v. City of Arlington, Tex., 50 F.4th 453 (5th Cir. 2022), cert. denied sub nom. City of Arlington v. Crane, 144 S. Ct. 342 (2023)and cert. denied sub nom. Roper v. Crane, 144 S. Ct. 342 (2023)
Successfully reversed trial court’s grant of summary judgment to police officer, holding that the officer was not entitled to summary judgment on his qualified immunity defense when he shot and killed an unarmed driver during a pretextual traffic stop.

Edwards v. Oliver, 31 F.4th 925 (5th Cir. 2022)
Dismissing police officer’s interlocutory appeal of qualified immunity defense in case in which Balch Springs police officer, Roy Oliver, fired into a car of teenagers leaving a party, killing Jordan Edwards. The Fifth Circuit found that it had no jurisdiction to review the district court’s denial of summary judgment because of material fact disputes regarding whether the vehicle was a threat at the time that Oliver shot into the car.

Painter v. Amerimex Drilling I, Ltd., 632 S.W.3d 156 (Tex. App.—El Paso 2021, no pet.)
Successfully convinced court of appeals that summary judgment based on the Workers’ Compensation Act’s exclusive remedy provision was not proper where fact issues existed as to whether killed and injured passengers’ travel from drilling site to bunkhouse originated in or related to Amerimex’s business.

Nettles v. GTECH Corp., 603 S.W.3d 63 (Tex. 2020)
Reversing plea to the jurisdiction and affirming the denial of an identical plea in another case, filed by GTECH, a private contractor hired to provide instant ticket manufacturing and services to the Texas Lottery Commission. Following its prior opinion in Brown & Gay Eng’g, Inc. v. Olivares, 461 S.W.3d 117 (Tex. 2015), the Court determined that because GTECH had discretion with regard to game design, and the Lottery Commission did not control the manner in which that work was performed, GTECH was not entitled to immunity.

More Significant Victories ⤏

Thad Spalding is interviewed on Fox 4 News Dallas
On November 21, 2024, DP&S attorney Thad D. Spalding was interviewed by Fox News regarding a recent $98.6M verdict in the Botham Jean v. Amber Guyger civil rights case. Mr. Spalding’s interview focused on why the City of Dallas was not a defendant in the case and the difficulty in holding municipalities liable when constitutional violations are committed by their officers.

Thad Spalding and Intern, Claire Moulton, published in this month’s Headnotes!
Congratulations to Dallas partner, Thad Spalding, along with DP&S summer intern and second-year law student at the University of Oklahoma, Claire Moulton, on getting their co-written article published in this month’s Headnotes, a publication put out by the Dallas Bar Association. The article, titled “DIY Clerk’s Records – How Could this Possibly Work?” explores the new rule allowing appellants to file their own clerk’s records. Headnotes publishes articles on timely legal issues, membership news, and upcoming Continuing Legal Education programs.

Congratulations to our 2024 Texas Super Lawyers!
Five of our talented attorneys have been selected to the prestigious 2024 Texas Super Lawyers list, an accolade reserved for the top 5% of lawyers in the state. Congratulations to Kirk Pittard, Thad Spalding, Leighton Durham, Rick Thompson, and Lara Hollingsworth for this much-deserved honor! Dallas partner, Kirk Pittard, was also included in the Top 100 for Dallas/Fort Worth!

Thad Spalding wins UM/UIM appeal in the Dallas Court of Appeals!
Congratulations to Thad Spalding who, along with trial counsel Charlie Reed and Tom Herald, successfully defended Allstate’s appeal of a judgment against them, including attorney’s fees, in a UM/UIM case. Allstate challenged virtually everything that the trial court did, including the award of past medical expenses, prejudgment interest, and declaratory judgment act attorney’s fees.

DP&S is in the Top Verdicts in Texas List for 2023!
A $21.6M Civil Rights verdict that DP&S attorneys Thad Spalding and Shelby White assisted in winning for client Odell Edwards in 2023 was recently recognized as the Number 1 Verdict in Texas in the category of Excessive Force, Police Brutality, Police Misconduct, and Law Enforcement Misconduct. This case also placed number 21 in the Top 50 Jury Verdicts and 37 in Top 50 Wrongful Death Verdicts in Texas overall for that year. Congratulations to all the hardworking attorneys involved in this case!

More News Stories ⤏

DIY Clerk’s Records – How Could this Possibly Work?
co-author(s): and Claire Moulton, DP&S Summer Intern
Headnotes, Dallas Bar Association, Volume 49, October 2024
Read Article

Effective Use of Appellate Counsel on Your Trial Team
State Bar of Texas, Texas Bar College Summer School, Video Webcast, September 11, 2024

Valdez v. State Farm-A Case Study: Proving and Recovering Attorney’s Fees in a UIM Case
San Antonio Trial Lawyers Association, San Antonio, TX, June 20, 2024

An Expert Angle on Exemplary Damages
Texas Trial Lawyers Association, 2024 Midyear Conference and CLE Seminar, Austin, TX, June 13-14, 2024

Moderator, Juries & Courtrooms in Today’s Legal Environment
co-author(s): with Magistrate Judge Nicole Mitchell, Judge Jennifer Edgeworth, and Judge Brian Gary
Dr. Kenneth Street Law Symposium, Austin College, February 23, 2023

New Year? New Discovery Rules!
State Bar of Texas CLE, Texas Supreme Court: History & Current Practice (April 14, 2021)

New Year, New Rules: Review of Amended Discovery Rules
San Antonio Trial Lawyers Association Zoom CLE (March 18, 2021)

New Texas Discovery Rules-Are You Ready?
Texas Paralegal Journal, Vol. 26, No. 3 (Winter 2021)
Read Article

New Year, New Rules: Review of the Amended Discovery Rules
Dallas Trial Lawyers Association, January 14, 2021
Read Article

Panel Discussion – New Discovery Rules
co-author(s): with Kirsten Castaneda and Andy Jones
Dallas Young Lawyers Association, January 13, 2021

Punitive Damages: A waste of time? Or a means to an end?
Texas Trial Lawyers Association Midyear-Virtual Conference, May 14, 2020

Let the Jury Charge be Your Guide
TTLA Car Wrecks Seminar 2018

Punitive Damages
State Bar of Texas CLE, Advanced Personal Injury Law Course 2017
Read Article

Preservation of Error
TTLA Trial Advocacy College of Texas (April 15, 2016)

Let the Jury Charge be Your Guide
TTLA Car Wrecks Seminar 2015

The Review of New Trial Orders on Appeal
Vol. 40, No. 5, Dallas Bar Association: Headnotes (May 2015)
Read Article

Emerging Appellate Issues
co-author(s): with Justices Ada Brown, David Evans, and Jim Moseley (Ret.)
Dallas Bar Association’s Bench Bar Conference, Horseshoe Bay, Texas (October 23, 2014)

Preparing, Presenting & Preserving Error in the Jury Charge
TTLA Car Wrecks CLE (October 9, 2014)

Exemplary Damages
State Bar of Texas CLE, Advanced Personal Injury Law Course 2014, Dallas, San Antonio, and Houston (July-August, 2014)
Read Article

Default Judgments: Texas Supreme Court Decisions to Consider
Vol. 39, No. 2 Dallas Bar Association: Headnotes (February 1, 2014)
Read Article

Ring in 2014 with a New Subrogation World Order
co-author(s): and Ben K. DuBose
Vol. 38, No. 11 Dallas Bar Association: Headnotes (November 1, 2013)
Read Article

What Every Young Lawyer Should Know About Legal Writing
co-author(s): with Justice Mary Murphy and Talmage Boston
Dallas Association of Young Lawyers (March 10, 2010)

Jury Charge – New Developments in the Texas Pattern Jury Charges
In-House CLE, Hermes Sargent Bates, LLP (January 14, 2009)

Jury Selection – Commitment Questions, Rehabilitation and Allocation of Peremptory Strikes
In-House CLE, Hermes Sargent Bates, LLP (October 23, 2008)

Products Liability in Texas
America First Insurance Company (June 30, 2007)

The Benefits of Retaining Appellate Counsel Throughout Litigation
South Plains Trial Lawyers Association (April 19, 2006)

The Benefits of Retaining Appellate Counsel Throughout Litigation
Denton Trial Lawyers Association (February 16, 2006)

The Benefits of Retaining Appellate Counsel Throughout Litigation
San Antonio Trial Lawyers Association (November 17, 2005)

2003 Texas Legislative Update
Hermes Sargent Bates, LLP (Fall 2003)

Contribution and Responsible Third Party Practice:Before and After July 1, 2003
In-House CLE, Hermes Sargent Bates, LLP (June 25, 2003)

Handling the Jury Charge & Jury Charge Objections
Appellate Section Luncheon Seminar, San Antonio Bar Association (May 1, 2001)

Post-Trial Motions
Appellate Law in the New Millennium Seminar, San Antonio Bar Association Appellate Practice Section and St. Mary’s Law Journal (March 1, 1999)
Read Article

Annual Survey of Tort and Insurance Law
American Bar Association Tort and Insurance Law Journal (1996-1997)