Latest News
Lara Hollingsworth speaks at TTLA Car Wrecks CLE Seminar in Dallas!
Houston attorney Lara Hollingsworth was a highlighted speaker at the Texas Trial Lawyers Association’s CLE Seminar on Thursday, February 22, 2024, at the Warwick Melrose Hotel in Dallas. The day-long seminar covered how to tackle 21st Century car wreck cases. Lara provided insight on how plaintiff’s counsel can use motions practice to their advantage.
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! You can see the Top Verdicts list here and can read more about the details of the case here.
Dana Levy wins medical malpractice expert report appeal in the Amarillo Court of Appeals!
Congratulations to Dana Levy and trial counsel, Scott Hendler and Grayson McDaniel, who successfully defended a challenge to their nursing administrator and forensic pathology expert reports. In this nursing-home negligence case in which a resident died of hypothermia during Winter Storm Uri, the defendants objected that licensed nursing home administrators and a forensic pathologist were unqualified to provide preliminary expert reports under Chapter 74 because the administrators were not medical providers who treat patients, and the pathologist had never treated seniors.
DP&S helps secure $1.9M settlement in civil rights case!
Congratulations to Shelby White, Thad Spalding, and trial counsel, Daryl Washington, who settled a civil rights case against the City of Arlington and one of its officers for $1.9 million. The case involved the fatal shooting of Tavis Crane by Arlington police officer Craig Roper after Crane was stopped when his toddler threw a candy wrapper out of the car window. The trial court granted summary judgment to Officer Roper on the basis of qualified immunity. On appeal, the Fifth Circuit reversed that judgment, finding fact issues that needed to be decided by a jury as to whether Roper acted used reasonable force, considering–among many other facts–the speed with which Roper resorted to using deadly force.
Roz Bienvenu wins significant motion to remand in bus crash case in New Mexico!
Congratulations to Roz Bienvenu, Justin Kaufman, and trial counsel, Jim Hada, who successfully moved to remand a case from federal to state court in New Mexico for the family of a student killed in a bus crash returning from a college golf tournament. The district court held that the Federal Motor Carrier Safety Regulations do not create a private right of action for personal injury or wrongful death, and the plaintiffs’ complaint did not raise federal questions turning on the substantive construction of federal law.
DP&S turns 20!
On December 28, 2003, Leighton Durham and Kirk Pittard started a law firm concept in Dallas that did not yet exist—an appellate boutique. They decided to focus on what they did best– handling appeals as well as substantive motion practice, legal issues, and litigation support at the trial level—and would do so for medium to smaller sized law firms, with a particular emphasis on contingency fee work. Fast forward 20 years . . . that dream and vision now consists of 14 attorneys in three cities across Texas and New Mexico.
Caren Friedman and Phil Kovnat win big in the United States District Court for the Northern District of Texas!
Congratulations to Santa Fe attorneys, Caren Friedman and Phil Kovnat, who, along with Dallas trial counsel C. Kyle Pugh and appellate counsel Jeffrey Levinger, successfully convinced U.S. District Judge Reed O’Connor of the Northern District of Texas to deny a Motion for New Trial, for Remittitur, or to Alter or Amend the Judgment filed by the United States of America in a Federal Tort Claims Act case. Following a bench trial involving a collision between a United States Postal Service truck and a motor vehicle operated by Michael Le, which rendered Mr. Le a quadriplegic, Judge O’Connor awarded Plaintiffs over $26 million in damages, including damages for past and future physical pain and suffering, mental anguish, physical impairment, disfigurement, and loss of consortium.
DP&S welcomes Lara Hollingsworth to our Houston Office!
DP&S is pleased to announce that Lara Hollingsworth has joined our team as a partner in our Houston office.
Lara comes to us from Rusty Hardin & Associates where she was a lawyer and partner for over 20 years. Lara has been recognized as one of the 500 Leading Litigators in America by Lawdragon and has been recognized as one of the Best Lawyers in America from 2020-2024. Additionally, Lara was recognized by Thomson Reuters as a Texas Rising Star in 2004, and 2006-2010, and as a Texas Super Lawyer from 2020-2023.
Tammy Holt Argues at The Texas Supreme Court!
Tammy Holt, of our Dallas office, argued at the Texas Supreme Court on November 29, 2023. At issue in this case is whether diligence in service of process is a “statutory prerequisite to suit” for claims brought under the Tort Claims Act.
Caren Friedman speaks at NM Appellate Bench & Bar Conference
Santa Fe attorney Caren Friedman was one of four New Mexico appellate practitioners asked to participate in panel discussions at the Appellate Bench and Bar Conference, held in the supreme court courtroom on Friday, October 20, 2023. Caren joined a distinguished panel of supreme court justices, court of appeals judges, and court staff to discuss topics of interest and concern to the appellate bench and bar.
DP&S helps win $21.6M Civil Rights verdict!
Congratulations to Daryl Washington and Greg Marks who, with help from DP&S’s Shelby White and Thad Spalding, won a $21.6 million jury verdict for their client, Odell Edwards, in a civil rights case involving the use of excessive, deadly force. The plaintiff’s 15-year-old son, Jordan, was shot and killed by a Balch Springs police officer, Roy Oliver, as the car Jordan was riding in was leaving a house party. The police officer was criminally convicted of murder in 2018, but continued to claim that his shooting was justified. On April 3, 2023, the civil jury disagreed, finding Oliver liable for using excessive, deadly force, and awarding $10.6 million in actual damages to Mr. Edwards and to Jordan’s estate, and an additional $11 million in punitive damages for the officer’s wrongful conduct.
Congratulations to our 2022 Texas Super Lawyers!
Congratulations to DP&S Dallas partners Leighton Durham, Kirk Pittard, Thad Spalding, and Rick Thompson who were, once again, named “Super Lawyers” in the Appellate category by by Super Lawyers Magazine, a Thomson Reuters publication, for 2022.
Roz Bienvenu moderates NM Appellate Practice Institute!
On September 9, 2022, Santa Fe Partner Rosalind Bienvenu, current Chair of the Board of Directors of the New Mexico State Bar’s Appellate Practice Section, moderated the Section’s 33rd Annual Appellate Practice Institute, a daylong webinar featuring distinguished panel members from the appellate bench and bar.
DP&S welcomes Phil Kovnat to its Santa Fe office!
DP&S is pleased to announce that Phil Kovnat has joined the firm as an attorney in the Santa Fe Office. Phil comes to us from the U.S. Equal Employment Opportunity Commission in Washington, D.C. and Philadelphia where he was an appellate and trial attorney handling all phases of litigation.
Caren Friedman & Justin Kaufman help protect $11M verdict on appeal!
Congratulations to Jeffrey Pitman and Benjamin Reyes of Pitman, Kalkhoff, Sicula & Dentice on their victory in the New Mexico Court of Appeals. Mr. Pitman and Mr. Reyes, along with Feliz Rael of The Law Offices of Feliz A. Rael, and Keller & Keller, successfully defended an $11 million jury verdict on appeal in a nursing home wrongful death case. In a published opinion, the Court of Appeals rejected the defendants’ bid to overturn the verdict and procure a new trial and, on cross-appeal, reinstated a jury finding that the various defendant-entities operated as a joint venture, making them all responsible for the nursing home’s conduct. DP&S partners Justin Kaufman and Caren Friedman assisted with the appellate strategy and briefing.
Kirk Pittard is a “Best Lawyer” again for 2023!
DP&S is proud to announce that Kirk Pittard is, once again, one of the Best Lawyers in America, in the Appellate Practice category.
Back-to-Back Wins in the Texas Supreme Court!
On May 6, 2022, Dana Levy successfully reversed a court of appeals’ opinion that the plaintiff’s expert report failed to satisfy Chapter 74 of the Texas Civil Practice and Remedies Code. The following week, Kirk Pittard successfully reversed a court of appeals’ opinion dismissing an appeal on jurisdiction grounds.
Kirk Pittard featured in Docket Call!
Congratulations to Kirk Pittard who was featured in the Summer 2022 edition of Baylor Law School’s Docket Call. You can read the article here.
Kirk Pittard is a “Best Lawyer” once again according to D Magazine!
Congratulations to DP&S partner, Kirk Pittard, who, for the 11th year, was named “Best Lawyer” in the Appellate category by D Magazine for 2022.
Thad Spalding wins civil rights appeal in the Fifth Circuit!
Congratulations to DP&S partner, Thad Spalding, who successfully defeated a police officer’s qualified immunity appeal to the Fifth Circuit. The case involves the fatal shooting of a teenager, Jordan Edwards, by Balch Springs police officer Roy Oliver. Oliver moved for summary judgment, claiming his shooting–into a car full of teenagers who were leaving a party and driving away–was justified based on his belief that the vehicle was an immediate threat to his partner, Officer Gross. Officer Gross, however, testified that the vehicle was not a threat to him and the officers’ body cam video shows the vehicle passing and driving away from the officers at the time Oliver opened fire into the vehicle. The district court denied Oliver’s motion for summary judgment and Oliver appealed that ruling. The Fifth Circuit rejected Oliver’s appeal, allowing the claims against Oliver to proceed to trial.