Latest News

Roz Bienvenu has been appointed Chair of the New Mexico Civil Jury Instruction Committee
Lance Barclay Lance Barclay

Roz Bienvenu has been appointed Chair of the New Mexico Civil Jury Instruction Committee

DP&S is proud to announce that Santa Fe attorney Rosalind Bienvenu has been designated to serve as chairperson of the Uniform Jury Instructions Civil Committee by the New Mexico Supreme Court. Roz has extensive experience assisting DP&S’s trial lawyer clients with jury instructions and has served on the Committee since January 2023. Congratulations, Roz!

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DP&S Ranked in 2025 Edition of Best Law Firms
Lance Barclay Lance Barclay

DP&S Ranked in 2025 Edition of Best Law Firms

Durham, Pittard & Spalding is proud to have been recognized in the fifteenth edition of Best Law Firms in appellate practice and personal injury litigation for our offices in Dallas, Houston and Santa Fe, respectively. Best Law Firms rankings celebrate firms that have consistently demonstrated excellence in legal expertise and industry knowledge.

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Aditi Deal’s law review article cited by STCL professor in Constitutional Law article!
Lance Barclay Lance Barclay

Aditi Deal’s law review article cited by STCL professor in Constitutional Law article!

DP&S would like to congratulate Aditi Deal, whose 2020 law review article, “When Less Is More: A New Formula for Avoiding Equally Divided Decisions in the Supreme Court,” was cited by South Texas College of Law’s Constitutional Law professor, Josh Blackman, in his article “Making Sense of the 7-1-1-8 Split in Environment Texas Citizen Lobby v. ExxonMobile” in the online publication Reason Magazine. You can read Professor Blackman’s article here and you can access Aditi’s law review article here.

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Thad Spalding is interviewed on Fox 4 News Dallas
Lance Barclay Lance Barclay

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.  You can listen to the interview here: Fox 4 News Dallas Interview.

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Caren Friedman and Philip Kovnat win in the New Mexico Court of Appeals!
Lance Barclay Lance Barclay

Caren Friedman and Philip Kovnat win in the New Mexico Court of Appeals!

Congratulations to Santa Fe attorneys Caren Friedman and Philip Kovnat who successfully convinced the New Mexico Court of Appeals to affirm the judgment in its entirety in this consolidation of two domestic relations appeals in which DP&S represented the Father as Appellee. The Appellant had argued that the district court abused its discretion in refusing to modify child support and concluding that Father could claim Child on his tax returns. DP&S argued that the appeals were untimely, depriving the Court of Appeals of jurisdiction. In the alternative, DP&S argued that the district court did not err. The Court of Appeals agreed with DP&S that one of the appeals was untimely. The Court also agreed that the district court correctly decided the issues in the remaining appeal. You can read the memorandum opinion in Burke v. McCargar, A-1-CA-40947 (N.M. App. October 10, 2024), here.

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Thad Spalding and Intern, Claire Moulton, published in this month’s Headnotes!
Lance Barclay Lance Barclay

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. You can read the October edition of Headnotes, including Claire and Thad’s article featured on page 8, here.

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Roz Bienvenu argues in the New Mexico Supreme Court!
Lance Barclay Lance Barclay

Roz Bienvenu argues in the New Mexico Supreme Court!

Congratulations to Santa Fe partner, Roz Bienvenu, who presented argument in the New Mexico Supreme Court on October 4, 2024. Roz argued on behalf of the Plaintiffs-Real Parties in Interest in Shook, Hardy & Bacon v. Wilson, an extraordinary writ proceeding arising from two lawsuits filed by the Alvarez Law Firm. The Plaintiffs-Real Parties in Interest developed smoking-related illnesses as a result of the well-known tobacco conspiracy. When they sued a tobacco manufacturer and three law firms for their participation in the conspiracy, the law firms moved to dismiss for lack of personal jurisdiction. Two district courts denied their motions, ruling that the conspiracy theory of jurisdiction permitted suit against them in New Mexico. The law firms then sought an extraordinary writ of prohibition, arguing that the conspiracy theory of jurisdiction is unconstitutional.

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Thad Spalding wins UM/UIM appeal in the Dallas Court of Appeals!
Lance Barclay Lance Barclay

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. 

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DP&S welcomes its newest attorney, Aditi Deal!
Lance Barclay Lance Barclay

DP&S welcomes its newest attorney, Aditi Deal!

DP&S is pleased to announce that Aditi Deal has joined our team as an associate in our Houston office.

Prior to joining the firm, Aditi practiced commercial litigation at Locke Lord LLP. While there, Aditi worked on commercial cases at the state and federal level in Texas, Maryland, and Louisiana, and briefed appeals to the Fifth Circuit Court of Appeals, the Court of Special Appeals of Maryland, and numerous intermediate appellate courts.

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Caren Friedman to become a Fellow in the American Academy of Appellate Lawyers!
Lance Barclay Lance Barclay

Caren Friedman to become a Fellow in the American Academy of Appellate Lawyers!

Congratulations to Santa Fe partner Caren I. Friedman, who has accepted an invitation to become a Fellow in the American Academy of Appellate Lawyers. AAAL was founded to recognize outstanding appellate lawyers and promote the improvement of appellate advocacy and the administration of the appellate courts. Membership in the Academy is by invitation only.  Fellows face stringent membership criteria, undergo rigorous screening, and must be approved by the Academy’s Board. 

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Kirk Travels the State on the Speaking Circuit!
Lance Barclay Lance Barclay

Kirk Travels the State on the Speaking Circuit!

This month, DP&S partner Kirk Pittard traveled around Texas on the speaking circuit delivering presentations on Legal Issues Related to Non-Economic Damages: Gregory v. Chohan to the San Antonio Trial Lawyers Association, Effective Use of Appellate Counsel on Your Trial Team to the Corpus Christi Bar Association, and Ethical Issues in Contracting Appellate Counsel to the Appellate Section of the State Bar of Texas.

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Caren Friedman named a 2024 Southwest “Super Lawyer”!
Lance Barclay Lance Barclay

Caren Friedman named a 2024 Southwest “Super Lawyer”!

Congratulations to Santa Fe partner, Caren Friedman, who was named a 2024 Southwest “Super Lawyer” in the appellate practice category.  Southwest Super Lawyers magazine covers New Mexico and Arizona.  Caren is one of only seven New Mexico appellate practitioners, and the only one from Santa Fe, to be recognized.  This is Caren’s 18th consecutive year to be included on this list. 

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Santa Fe office wins in the New Mexico Court of Appeals!
Lance Barclay Lance Barclay

Santa Fe office wins in the New Mexico Court of Appeals!

Congratulations to Santa Fe partners, Caren Friedman, Justin Kaufman, and Roz Bienvenu, who successfully convinced the New Mexico Court of Appeals to affirm the judgment in this probate case involving a dispute over the decedent’s property. At the heart of the dispute was the Estate’s claim of a valid contract that allegedly distributed valuable water rights appurtenant to land near Truchas in Northern New Mexico.

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Rick Thompson wins important asbestosis-causation ruling in Houston’s 14th Court of Appeals!
Lance Barclay Lance Barclay

Rick Thompson wins important asbestosis-causation ruling in Houston’s 14th Court of Appeals!

Congratulations to Rick Thompson, Valerie Farwell, and trial counsel, Richard Dodd, who convinced Houston’s 14th Court of Appeals to reverse an asbestos MDL summary judgment ruling on causation.   The Court of Appeals found there to be a fact issue on direct causation, precluding summary judgment, where there were no other “plausible sources” of asbestos exposure.

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