Latest News
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.
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.
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.
Shelby White featured in the 2024 Athletes in Law Special Issue
Attorney At Law Magazine has just published its 2024 Athletes in Law special issue celebrating lawyers who played collegiate sports. This issue features our own Shelby White, who was on the Equestrian team at Baylor University for four years. Click here to read about Shelby and all the other amazing “Athletes In Law”.
Lara Hollingsworth is Recognized as a member of Lawdragon’s 500 Leading Litigators in America for 2025!
We are thrilled to announce that our Houston partner, Lara Hollingsworth, has been recognized as one of the 2025 Lawdragon 500 Leading Litigators in America! This prestigious honor highlights Lara’s exceptional skill, dedication, and impact in the legal field, confirming her standing as a top litigator in the country.
Congratulations to our 2024 Texas Super Lawyers!
Five of our talented attorneys have been selected to the prestigious 2024 Texas Super Lawyers list, an accolade reserved for the top 5% of lawyers in the state. Congratulations to Kirk Pittard, Thad Spalding, Leighton Durham, Rick Thompson, and Lara Hollingsworth for this much-deserved honor! Dallas partner, Kirk Pittard, was also included in the Top 100 for Dallas/Fort Worth!
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.
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.
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.
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.
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.
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.
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.
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.