Shaw v. Trinity Highway Products, LLC, No. 05-09-00561-CV, 2010 Tex. App. LEXIS 10046 (Tex. App.-Dallas, Dec. 20, 2010, n.p.h.)
Assisted trial counsel with summary judgment briefing and, after prevailing, defended summary judgment on appeal in a products liability and negligence case involving a Trinity-manufactured guardrail end cap. Trinity’s evidence demonstrated compliance with mandatory safety standards or regulations adopted and promulgated by the federal government under section 82.008 of the Texas Civil Practice and Remedies Code; Appellants did not rebut section 82.008’s presumption of non-liability; and there was no more than a scintilla of causation evidence.
Whirlpool v. Camacho, 298 S.W.3d 631 (Tex. 2009)
Obtained reversal from the Texas Supreme Court of a $14 million products liability judgment arising out of a fire because the plaintiffs’ expert’s causation testimony was scientifically unreliable. The Court held that both Texas tests for reliability – the “analytical gap” test and the Robinson
-factor test – typically should be used in evaluating expert testimony, and that an expert must offer a convincing explanation for failing to test critical aspects of his theories when such testing is possible.
Amber Wilson v. Baylor Medical Center Irving, et al, No. 08-12603 (162nd Dist. Ct., Dallas County, Tex.)
Obtained dismissal of medical malpractice claims against Baylor Medical Center at Irving on the basis of immunity conferred by new Texas Health & Safety Code provisions. Secured dismissal of all claims against hospital on the basis of lack of actual notice and no waiver of immunity by use of tangible personal property under the Texas Tort Claims Act, and dismissal of hospital employees on the basis of the Act's “election of remedies” provision.
Bernstein v. Thomas, 298 S.W.3d 817 (Tex. App.—Dallas, Oct. 13, 2009, no pet.).
Successfully defended on appeal a verdict in favor of purchasers of residential real estate who discovered that the seller failed to disclose substantial latent defects as required by the Texas Property Code, in violation of the Texas Deceptive Trade Practices Act.
Union Pacific Railroad Co. v. Legg, No. 03-07-00512-CV, 2009 WL 2476636 (Tex. App. - Austin Aug. 12, 2009, no pet.) (mem. op.)
Prepared pre- and post-trial motions, then successfully defended a judgment on a favorable jury verdict in a railroad crossing collision case, defeating the plaintiffs' challenges to the sufficiency of the evidence and their attack on the trial court's refusal to strike venire members for cause.
Hicks v. Trinity Industries, Inc., No. D-C-07-11221 (44th Dist., Dallas County, 2009)
Obtained favorable rulings on competing motions to exclude expert witnesses in a products liability action.
Thomas Michael Wilson v. Baylor Health Care System, et al, No. 07-01018-E (101st Dist. Ct., Dallas County, Tex.)
Obtained dismissal of medical malpractice claims against Baylor Health Care System and Baylor Medical Center at Irving on the basis of immunity conferred by new Texas Health & Safety Code provisions, and asserted “election of remedies” defenses under the Texas Tort Claims Act on behalf of hospital employees, leading to their dismissal.
Heritage Trails Assoc. et al. v. Trinity Indus., Inc., 745 N.W.2d 724 (Iowa 2008)
In a case of first impression, persuaded the Iowa Supreme Court unanimously to hold that a $2.5 million contribution claim was barred under that state's statute of repose for products manufacturers.
Blockbuster Inc. v. C-Span Entertainment, Inc., 276 S.W.3d 482 (Tex. App. - Dallas 2008, pet. granted, judgm't vacated w.r.m.)
In a suit brought by a franchisee, obtained reversal of an adverse $8.5 million judgment and secured an award of $2.5 million for attorneys’ fees and costs.
Burnett Ranches, Ltd. v. Cano Petroleum, Inc., No. 9840 (100th Dist. Ct., Carson County, Tex.)
Prevailed on summary judgment through appeal on a million-dollar lease termination claim.
7979 Airport Garage, L.L.C. v. Dollar Rent A Car Systems, Inc., 245 S.W.3d 488 (Tex. App. - Houston [14th Dist.] 2007, pet. denied)
Assisted trial counsel with the jury charge, legal briefing, and issues relating to judgment formation in a commercial real estate dispute involving successful contract and warranty claims and the defense of fraud and estoppel counterclaims, and litigated at trial and on appeal issues relating to the segregation and recoverability of attorneys’ fees.
Hollar v. Brackenridge Hospital, No. GN502643 (200th Dist. Ct., Travis County, Tex.)
As lead appellate counsel, led the trial team’s efforts that resulted in the pre-trial dismissal of medical malpractice claims against a health care provider on the basis of governmental immunity conferred by new Texas Health & Safety Code provisions, and successfully defended against a constitutional challenge to statutory immunity provisions.
Harvest House Publishers v. The Local Church, 190 S.W.3d 204 (Tex. App. - Houston [1st Dist.] 2006, pet. denied)
In an interlocutory appeal following the trial court’s denial of summary judgment, obtained rendition of a take-nothing judgment for a media defendant in a defamation case.
Wheeler v. New Times, Inc., 49 S.W.3d 471 (Tex. App. --Dallas 2001, no pet.)
Persuaded a court of appeals to affirm a summary judgment in favor of media defendants against charges of libel and business disparagement.
Millichamp v. Baylor Univ. Med. Center, No. 01-01793-E (101st Dist. Ct., Dallas County, Tex.)
Persuaded the trial court to set aside a $7.5 million punitive damages award in a case that involved complex jury charge issues including the submission of settling co-defendants and complex judgment formation issues involving settlement credits.
Air Routing International Corp. (Canada) v. Britannia Airways, 150 S.W.3d 682 (Tex. App. - Houston [14th Dist.] 2004, no pet.)
Assisted with preserving error, preparing the jury charge, and drafting appellate court briefing in a multi-million dollar international fraud and conspiracy case involving the airline industry, resulting in a take-nothing jury verdict; obtained reversal of the trial court’s order denying a request for attorneys' fees.
Volkswagen of America v. Ramirez, 159 S.W.3d 897 (Tex. 2004)
In a products liability case, obtained reversal of a nearly $20 million judgment and rendition of a judgment that the plaintiffs take nothing, by persuading the Texas Supreme Court that the testimony of the plaintiffs’ expert witness concerning the cause of an automobile accident was scientifically unreliable.
Greenpeace, Inc. v. Exxon Mobil Corp., 133 S.W.3d 804 (Tex. App. —Dallas 2004, pet. denied)
Upheld a nationwide temporary injunction preventing illegal and tortious conduct by Greenpeace against ExxonMobil facilities following an unlawful entry by Greenpeace activists at ExxonMobil headquarters.
CIGNA Healthcare of Texas, Inc. v. Pybas, 127 S.W.3d 400 (Tex. App. - Dallas 2004, no pet.)
Successfully defended on appeal a $13 million jury verdict in a wrongful death case.
Great American Life Insurance Co. v. Martin, No. 05-00-01333-CV, 2002 WL 1792458 (Tex. App. - Dallas Aug. 6, 2002, no pet.) (mem. op.)
Won reversal of an $11.2 million fraud judgment and rendition of a take-nothing judgment where court of appeals agreed that plaintiff’s claims sounded in contract, not tort.
Southwest-Tex Leasing Co. v. Denise, No. 11-99-00127-CV, 2000 WL 34235126 (Tex. App. - Eastland 2000, no pet.) (mem. op.)
Reversed a jury verdict on claims of negligence and gross negligence arising from an automobile accident.
Doe v. Brookhaven Country Club, No. 04-10591-D (95th Dist. Ct., Dallas County, Tex.)
Argued a jury charge involving issues of negligence and punitive damages, resulting in a favorable take-nothing judgment.