Significant Victories
Burrell v. Armijo, 456 F.3d 1159 (10th Cir. 2006)
Holding that Indian Pueblo did not waive its sovereign immunity on breach of lease claim, and tribal officials were not liable under 42 U.S.C. § 1983 for actions taken under color of tribal law.
Zurich American Ins. Co. v. Gill, 173 S.W.3d 878 (Tex. App.—Fort Worth 2005, pet denied)
Affirming claim for workers compensation benefits when carrier does not comply with statutory deadlines for denying a claim.
Redland Ins. Co. v. Southwest Stainless, L.P., 181 S.W.3d 509 (Tex. App.—Fort Worth 2005, no pet.)
Upheld judgment against surety on payment bond where surety complained of technical notice given to general contractor
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.
Williams v. Stewart, 112 P.3d 281 (N.M. Ct. App. 2005)
In class action brought by family members of decedents whose body parts were taken surreptitiously and used in experiments at Los Alamos National Laboratory to test plutonium levels, reversing summary judgment on statute of limitation grounds granted in favor of physician who performed autopsies in aid of experiments.
In re Mousa, No. 01-04-00485-CV, 2004 WL 2823172 (Tex. App.—Houston [1st Dist.] Dec. 9, 2004, orig. proceeding) (mem. op.)
Obtaining writ of mandamus dissolving improperly filed lis pendens.
Leal v. Weightman, No. 01-03-01006-CV, 2004 WL 2251570 (Tex. App.—Houston [1st Dist.] Oct. 7, 2004, no. pet.) (mem. op.)
Affirming grant of summary judgment for return of money loaned on three out of four grounds; case subsequently dismissed.
Lisanti v. Dixon, 147 S.W.3d 638 (Tex. App.—Dallas 2004, pet. denied)
Affirming a punitive damages award in a Sabine Pilot wrongful termination case.
Gallardo v. Ugarte, 145 S.W.3d 272 (Tex. App.—El Paso 2004, pet. denied)
Involved the reversal of a dismissal of a medical malpractice case concerning the adequacy of a 4590i expert report.
Gibson v. Ellis, 126 S.W.3d 324 (Tex. App.—Dallas 2004, no pet.)
Upheld jury verdict in favor of defendant attorney in legal malpractice case, including award of sanctions in favor of defendant attorney
Ter-Vartanyan v. R&R Freight, Inc., 111 S.W.3d 779 (Tex. App.—Dallas 2003, pet. denied)
Upholding admissibility of expert reconstruction testimony of investigating officer
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.
Johannsen v. Nabors Indus., Inc., No. 14-03-00056-CV, 2003 WL 1566560 (Tex. App.—Houston [14th Dist.] Mar. 27, 2003, no pet.) (mem. op.)
Obtaining determination that judgment that did not include attorney fee award was final, and attorney fees were no longer available.
Ebbert v. DaimlerChrysler Corp., 319 F.3d 103 (3d Cir. 2003)
Reversing summary judgment for employer in suit brought by employee under the Americans with Disabilities Act.
Fenney v. Dakota, Minnesota & Eastern R.R. Co., 327 F.3d 707 (8th Cir. 2003)
Reversing summary judgment for employer in suit brought by employee under the Americans with Disabilities Act.
Brown & Root, Inc. v. Moore, 92 S.W.3d 848 (Tex. App.—Texarkana 2002, pet. denied)
Affirming a punitive damages award in an asbestos case.
Long Distance Intern., Inc. v. Telefonos de Mexico, S.A. de C.V., 49 S.W.3d 347 (Tex. 2001)
Obtaining reversal of summary judgment based on interpretation of repealed Mexican telecommunications regulation.
EEOC v. J.H. Routh Packing Co., 246 F.3d 850 (6th Cir. 2001)
Reversing judgment on the pleadings entered in favor of company charged with discrimination under the Americans with Disabilities Act.
EEOC v. Roadway Express, Inc., 261 F.3d 634 (6th Cir. 2001)
Affirming order to show cause to compel compliance with subpoena due to company’s failure to turn over documents relevant to Commission’s charge of race and sex discrimination.