Significant Victories
In re Loya Ins. Co., No. 01-13-00242-CV, 2013 WL 5637702 (Tex. App.—Houston [1st Dist.] Oct. 15, 2013, orig. proceeding) (mem. op.)
Denial of mandamus of summary judgment in class action, where insurer attempted to “pick off” the class representative by settling with him
CKH Family Ltd. P’ship v. MGD/CCP Acquisition, LLC, No. 05-12-00573-CV, 2013 WL 5614304 (Tex. App.—Dallas Oct. 14, 2013, no pet.) (mem. op.)
Successfully defended order dismissing claims based on parties’ contractual forum selection clause.
Van Voris v. Team Chop Shop, LLC, 402 S.W.3d 915 (Tex. App.—Dallas 2013, no pet.)
Reversed summary judgment originally granted on ground of release. Court held that Van Voris released only his claims for negligence, not gross negligence.
Kelley & Witherspoon, LLP v. Hooper, 401 S.W.3d 841 (Tex. App.—Dallas 2013, no pet.)
Reversing jury verdict in legal malpractice case against law firm where client failed to present medical-expert testimony in support of damage causation
Long v. Elliott, 416 S.W.3d 152 (Tex. App.–Eastland 2013, no pet.)
Requiring return of erroneously forfeited attorney’s fees.
Blaylock v. Holland, 396 S.W.3d 720 (Tex. App.— Dallas 2013, no pet.)
Reversing a trial court’s award of a homeowner’s property to his neighbor by adverse possession, holding that neighbor’s assumption that homeowner’s property was part of neighbor’s backyard, and neighbor’s use of that property as part of her backyard, was legally insufficient to support the trial court’s award by adverse possession.
Borowski v. Ayers, 432 S.W.3d 344 (Tex. App.—Waco 2013, no pet.)
Successfully dismissed interlocutory appeal under CPRC section 51.014(d) where order denying summary judgment did not substantively rule on any controlling legal issue
Richardson v. Richardson, No. 05-12-01123-CV, 2013 WL 3326870 (Tex. App.— Dallas June 27, 2013, no pet.) (mem. op.)
Successfully defended judgment appointing client as sole managing conservator of his children following week-long child custody jury trial.
Shafighi v. Texas Farmers Ins. Co., No. 14-12-00082-CV, 2013 WL 1803609 (Tex. App.— Houston [14th Dist.] April 30 2013, no pet.) (mem. op.)
Reversed and remanded; policyholder client’s failures to sit for examination under oath and to submit proof of claim in proper form did not entitle insurer to summary judgment, but rather only abatement.
MBR & Associates, Inc. v. Lile, No. 02-11-00431-CV, 2012 WL 4661665 (Tex. App.—Fort Worth Oct. 4, 2012, pet. denied) (mem. op.)
Affirming a judgment for approximately $1 million based on findings of fraud, DTPA violations, and gross negligence, as well as a finding piercing the corporate veil, arising out of a contractor’s failed effort to repair a foundation that ruined a homeowner’s house.
Ashton Grove v. Jackson Walker, 366 S.W.3d 790 (Tex. App.—Dallas 2012, no pet.)
Reversing a summary judgment concluding that a law firm failed to prove that attorney’s fees of over $1 million for just over 2 months of work in representing a small business was reasonable and necessary under the Arthur Anderson factors.
Schrapps v. Pham, No. 09-12-00080-CV, 2012 WL 4017768 (Tex. App.—Beaumont Sept. 13, 2012, pet. denied) (mem. op.) (briefed response to Petition for Review)
Denial of petition for review in case challenging a Chapter 74 expert report in a medical malpractice case.
In re Wright, No. 05-12-00370-CV, 2012 WL 1883069 (Tex. App.—Dallas May 23, 2012, orig. proceeding) (mem. op.)
Denial of defendants’ petition for mandamus attempting to have 18 plaintiffs’ cases severed into 18 separate trials.
Chatterjee v. King, 280 P.3d 283 (N.M. 2012)
As a matter of first impression, holding that Uniform Parentage Act’s statutory presumption conferring status of father on a man applies equally to same-sex partner of child’s adoptive mother, noting that classifications based on gender are presumptively unconstitutional and that denying partner opportunity to establish parentage would harm both the child and the State.
Werley v. Cannon., 344 S.W.3d 527 (Tex. App.—El Paso 2011, no pet.)
Upholding monetary sanctions against a defense attorney who violated a court order by making ex parte contacts with a plaintiff’s treating physicians.
In re Universal Underwriters of Texas Ins. Co., 345 S.W.3d 404 (Tex. 2011)
As amicus, insulating denial of abatement from mandamus review in case involving appraisal clauses.
Escalante v. Rowan, 251 S.W.3d 720 (Tex. App.—Houston [14th Dist.] 2008), rev’d on other grounds, 332 S.W.3d 365 (Tex. 2011)
In medical malpractice case, obtaining reversal of summary judgment granted on “loss of chance” doctrine.
Goodner v. Hyundai Motor Co., 650 F.3d 1034 (5th Cir. 2011)
Upholding jury verdict in an automobile design defect case finding circumstantial evidence to support causation and sufficient evidence of an unreasonably dangerous design and of a safer alternative design.
Adams v. Staxxring, Inc., 344 S.W.3d 641 (Tex. App.—Dallas 2011, pet. denied)
Denying arbitration due to substantial invocation of the judicial process.
Capps v. Nexion Health at Southwood, Inc., 349 S.W.3d 849 (Tex. App.—Tyler 2011, no pet.)
Reversing and remanding for a new trial when trial court refused to include the correct corporate entity on the jury form.