Significant Victories
Commerce & Industry Ins. Co. v. Ferguson-Stewart, 339 S.W.3d 744 (Tex. App.—Houston [1st Dist.] 2011, no pet.)
Affirming trial court judgment after jury verdict in a workers’ compensation judicial review case.
Drury Southwest, Inc. v. Louie Ledeaux No. 1, Inc., 350 S.W.3d 287 (Tex. App.—San Antonio 2011, pet. denied)
Affirming trial court judgment on liability and preserving right to re-elect remedies on remand.
Salas v. Chris Christensen Sys., Inc., No. 10-11-00107-CV, 2011 WL 4089999 (Tex. App.—Waco Sept. 14, 2011, no pet.) (mem. op.)
Upholding default judgment after death penalty discovery sanctions, actual and punitive damages, and enforceability of a non-compete agreement.
Thompson v. Ace American Ins. Co., No. 01-10-00810-CV, 2011 WL 3820889 (Tex. App.--Houston [1st Dist.] Aug. 25, 2011, pet. denied)
Obtaining reversal and remand of judgment after jury verdict in workers compensation judicial review case.
In re Oncor Elec. Delivery Co., No. 05-11-00188-CV, 2011 WL 989071 (Tex. App.—Dallas Mar. 22, 2011, orig. proceeding) (mem. op.)
Denying petition for mandamus concerning trial court’s denial of a motion to designate a responsible third party.
Greater Houston Transp. Co. v. Parks, No. 01-09-00543-CV, 2011 WL 941234 (Tex. App.—Houston [1st Dist.] Mar. 17, 2011, no pet.) (mem. op.)
In case involving taxi company’s liability for its driver’s criminal acts tried to a favorable jury verdict, settling immediately after oral argument.
In re Kobelt Mfg. Ltd., No. 07-11-0014-CV, 2011 WL 798199 (Tex. App.—Amarillo Mar. 8, 2011, orig. proceeding) (mem. op.)
Denying petition for mandamus concluding that the parties may agree to alter the statutory deadlines for designating responsible third parties.
Clemens v. McNamee, 615 F.3d 374 (5th Cir. 2010)
The Fifth Circuit determined that Brian McNamee was entitled to judicial immunity for statements he made to the Mitchell Commission, which was hired by MLB to investigate steroid use in major league baseball.
In re Taylor, No. 01-10-00893-CV, 2010 WL 4395873 (Tex. App.—Houston [1st Dist.] Oct. 29, 2010, orig. proceeding) (mem. op.)
Defeating state representative’s attempt to secure privileged TWIA documents under the Texas Public Information Act.
Turull v. Ferguson, No. 01-09-00067-CV, 2010 WL 3833944 (Tex. App.—Houston [1st Dist.] Sep. 30, 2010) (supp’l mem. op. on rehearing)
Obtaining reversal and modification in DTPA case in which trial court failed to award attorney’s fees to plaintiff.
Transcontinental Ins. Co. v. Crump, 274 S.W.3d 86 (Tex. App.—Houston [14th Dist.] 2008), rev’d, 330 S.W.3d 211 (Tex. 2010)
Affirming judgment after jury verdict in workers compensation judicial review case.
Transcontinental Ins. Co. v. Crump, 330 S.W.3d 211 (Tex. 2010)
Affirming reliability and admissibility of treating physician’s expert testimony based on differential diagnosis.
Perdue, et al. v. Nissan Motor Company, Ltd., No. 09-40881 (5th Cir. 2010)
In a case involving product liability design defect tried to a favorable jury verdict, settling after oral argument.
Faucette v. Chantos, 322 S.W.3d 901 (Tex. App.—Houston [14th Dist.] 2010, no pet.)
Affirming jury award on ground that option created enforceable contract, even though option was not exercised precisely as provided in written agreement.
In re Brittingham, 319 S.W.3d 95 (Tex. App.—San Antonio 2010, orig. proceeding) (mem. op.)
Granting of motion to disqualify relator’s counsel on ground that counsel, a former justice, before leaving the bench had adjudicated a portion of the dispute in an earlier proceeding.
Elliott v. Hollingshead, 327 S.W.3d 824 (Tex. App.—Eastland 2010, no pet.)
Reversing trial court’s forfeiture of a plaintiff’s attorney’s fees.
In re Professional Pharmacy II, No. 02-10-163-CV, 2010 WL 3718946 (Tex. App.—Fort Worth Sept. 23, 2010, orig. proceeding) (mem. op.)
Issued mandamus requiring a jury trial rejecting argument that a signed arbitration provision constituted a jury waiver.
Smith v. Shipp, No. 05-09-01204-CV, 2010 WL 2653733 (Tex. App.—Dallas July 6, 2010, no pet.) (mem. op.)
Reversing a case that had been dismissed for want of prosecution.
UHS of Timberlawn, Inc. v. S.B., a Minor, 281 S.W.3d 207 (Tex. App.—Dallas 2009, pet. denied)
Affirming denial of a motion to dismiss based on a challenge to an expert report in a medical malpractice case.
Wal-Mart Stores Texas, LP v. Crosby, 295 S.W.3d 346 (Tex. App.—Dallas 2009, pet. denied)
Upholding an $869,200 judgment for personal injuries sustained when the plaintiff was hit in the back by a pallet jack being driven by a Wal-Mart employee.