Significant Victories
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.
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.