David's Wins

David’s Wins

    • Benge v. Williams, 472 S.W.3d 684 (Tex. 2018) (won affirmance of court of appeals’ reversal of $2 million judgment in medical-malpractice case based on error in jury charge)

 

    • Benge v. Williams, 472 S.W.3d 684 (Tex. App.—Houston [1st Dist.] 2014), affirmed 472 S.W.3d 684 (Tex. 2018) (won reversal of $2 million judgment in medical-malpractice case based on error in jury charge)

 

    • Critical Path Resources, Inc. v. Cuevas, 561 S.W.3d 523 (Tex. App.—Houston [14th Dist.] 2018, pet. filed) (won affirmance in refinery-explosion case; the court of appeals held that jury’s verdict of over $100 million in personal-injury damages was supported by the evidence)

 

    • Raynor v. Moores Mach. Shop, LLC, 359 S.W.3d 905 (Tex. App.—Houston [14th Dist.] 2012, no pet.) (won reversal of summary judgment in wrongful-death case)

 

    • Spence v. The ESAB Group, Inc., 623 F.3d 212 (3d Cir. 2010) (won reversal of summary judgment in trucking-accident case; in case of first impression, Third Circuit held that a shipper who loads cargo onto a truck has a duty to make sure that the cargo is secured)

 

    • Seeberger v. BNSF Railway Co., No. 01-12-00583-CV, 2013 WL 5434141 (Tex. App.—Houston [1st Dist.] Sep. 26, 2013, pet. denied) (mem. op.) (won affirmance of order granting new trial solely on damages in a FELA railroad-worker injury case)

 

    • Huffman v. Union Pac. R.R. Co., 675 F.3d 412 (5th Cir. 2012) (won reversal of $600,000 judgment in a FELA railroad-worker injury case; Fifth Circuit ordered district court to enter judgment in favor of client)

 

    • Henry v. Burlington N. Santa Fe Corp., No. 12-08-00423-CV, 2010 WL 3582636 (Tex. App.—Tyler Sept. 15, 2010, no pet.) (mem. op.) (won affirmance of take-nothing judgment in railroad-crossing wrongful-death case)

 

    • Carr v. Union Pac. R.R. Co., No. 14-10-00675-CV, 2011 WL 4489982 (Tex. App.—Houston [14th Dist.] Sep. 29, 2011, no pet.) (mem. op.) (won affirmance of a summary judgment in chemical-exposure case arising out of train derailment)
    • Benge v. Williams, 472 S.W.3d 684 (Tex. App.—Houston [1st Dist.] 2014), affirmed 472 S.W.3d 684 (Tex. 2018) (won reversal of $2 million judgment in medical-malpractice case based on error in jury charge)

 

    • Kelsey-Seybold Med. Group PA v. Great-West Healthcare of Texas, Inc., 611 Fed. Appx. 841 (5th Cir. 2015) (won reversal of summary judgment; Fifth Circuit held that healthcare provider’s claims against insurance company were not preempted by ERISA and ordered case remanded to state court)

 

    • Lone Star OB/GYN Associates v. Aetna Health Inc., 579 F.3d 525 (5th Cir. 2009) (in case of first impression, Fifth Circuit agreed that physicians’ claims against insurance companies under preferred-provider agreements are not preempted by ERISA when the dispute is about the rate of payment, as opposed to whether the claims are covered)

 

    • United States ex rel. Steury v. Cardinal Health, Inc., 625 F.3d 262 (5th Cir. 2010) (won reversal in False Claims Act qui tam case regarding medical device)

 

    • In re Collins, 286 S.W.3d 911 (Tex. 2009) (filed amicus brief on behalf of healthcare providers in a mandamus proceeding; Texas Supreme Court adopted clients’ position)
    • Harris County v. S.K. & Bros., Inc., No. 14-17-00984-CV, 2019 WL 5704244 (Tex. App.—Houston [14th Dist.] Nov. 5, 2019, no pet. h.) (mem. op.) (Represented Harris County, Texas; won reversal of order dismissing environmental civil-penalty case based on plea to the jurisdiction)

 

    • Bandin v. State of Veracruz, ___ S.W.3d ___, 2019 WL 6000580 (Tex. App.—Houston [14th Dist.] 2019, pet. filed) (represented Mexican State of Veracruz; won affirmance of order holding Texas anti-SLAPP statute does not apply to conspiracies to steal public funds)

 

    • Int’l Paper Co. v. Harris County, 445 S.W.3d 379 (Tex. App.—Houston [1st Dist.] 2013, no pet.) (Represented Harris County, Texas; won affirmance of denial of temporary injunction; in case of first impression in Texas, court of appeals held that a government entity using contingency-fee counsel to bring a civil-penalty case did not violate the defendants’ constitutional rights)

 

    • Secure Props. v. City of Houston, No. 14-11-00051-CV, 2012 WL 113070

 

    • Wal-Mart Stores, Inc. v. Forte, 497 S.W.3d 460 (Tex. 2016) (filed amicus brief on behalf of Texas local governments and local-government elected officials; Texas Supreme Court adopted clients’ position that government suits for civil penalties are not subject to Texas Civil Practice and Remedies Code Chapter 41’s provisions regarding exemplary damages)
    • Bigham v. Se. Tex. Envtl., 458 S.W.3d 650 (Tex. App.—Houston [14th Dist.] 2015, no pet.) (won reversal and rendition of $2.6 million judgment in breach-of-fiduciary-duty and breach-of-contract case)

 

    • Saenz v. Thorp Petroleum Corp., No. 04-14-00527-CV, 2015 WL 4273270 (Tex. App.—San Antonio July 15, 2015, pet. denied) (mem. op.) (won partial reversal of summary judgment in oil-and-gas royalty dispute)

 

    • Elliott v. Newsom, No. 01-07-692-CV, 2009 WL 214551 (Tex. App.—Houston [1st Dist.] Jan. 29, 2009, no pet.) (mem. op.) (won reversal of summary judgment that had been granted based on deemed admissions in a contract case)

 

    • Denson v. Dallas County Credit Union, 262 S.W.3d 846 (Tex. App.—Dallas 2008, no pet.) (won partial reversal of summary-judgment in a fraud case)

 

    • Montalvo v. JP Morgan Chase Bank, NA, 375 S.W.3d 553 (Tex. App.—Houston [14th Dist.] 2012, no pet.) (won reversal and rendition in appeal of order denying indigency appeal)

 

    • Cleveland v. Taylor, 397 S.W.3d 683 (Tex. App.—Houston [1st Dist.] 2012, pet. denied) (won reversal of over $300,000 in attorneys’ fees awarded against client in oil-and-gas breach-of-contract case)

 

    • Sidley Austin Brown & Wood, LLP v. J.A. Green Dev. Corp., 327 S.W.3d 859 (Tex. App.—Dallas 2010, no pet.) (won reversal of order refusing to compel arbitration in legal-malpractice case)

 

    • Albanil v. Coast 2 Coast, Inc., No. 10-20424, 2011 WL 4840967 (5th Cir. Oct. 10, 2011) (won partial reversal of summary judgment in Fair Labor Standards Act minimum-wage case)

 

    • Peace v. American General Life Ins. Co., 462 F.3d. 437 (5th Cir. 2006) (won reversal of summary judgment in ERISA case; Fifth Circuit agreed there was no ERISA preemption)

 

    • SMI Realty Mgmt. Corp. v. Underwriters at Lloyd’s London, 179 S.W.3d 619 (Tex. App.—Houston [1st Dist.] 2005) (won reversal of summary judgment in insurance-coverage case)
    • Harris County v. S.K. & Bros., Inc., No. 14-17-00984-CV, 2019 WL 5704244 (Tex. App.—Houston [14th Dist.] Nov. 5, 2019, no pet. h.) (mem. op.) (won reversal of order dismissing environmental civil-penalty case based on plea to the jurisdiction)

 

    • Int’l Paper Co. v. Harris County, 445 S.W.3d 379 (Tex. App.—Houston [1st Dist.] 2013, no pet.) (won affirmance of denial of temporary injunction; in case of first impression in Texas, court of appeals held that a government entity using contingency-fee counsel to bring a civil-penalty case did not violate the defendants’ constitutional rights)

 

    • United States v. Albert Investment Co., 585 F.3d 1386 (10th Cir. 2009) (won reversal of order denying intervention in a CERCLA case; in case of first impression, Tenth Circuit held that non-settling potentially responsible parties in CERCLA cases had the right to intervene to object to settlements that would cut off their contribution rights)
    • The Carlson Law Firm, PC v. Austin Carrizales Law, PLLC, 07-20-00143-CV, 2021 WL 2639926 (Tex. App.—Amarillo June 25, 2021, pet. filed) (mem. op.) (won reversal of denial of motion to dismiss under Texas anti-SLAPP statute).

 

    • Post Acute Med., LLC v. Meridian Hosp. Sys. Corp., 14-19-00546-CV, 2021 WL 1972292 (Tex. App.—Houston [14th Dist.] May 18, 2021, no pet. h.) (mem. op.) (won affirmance of denial of motion to dismiss under Texas anti-SLAPP statute).

 

    • Reeves v. Harbor Am. Cent., Inc., 631 S.W.3d 299 (Tex. App.—Houston [14th Dist.] 2020, no pet.) (won reversal of denial of motion to dismiss under Texas anti-SLAPP statute)

 

    • Brown Sims, P.C. v. L.W. Matteson, Inc., ___ S.W.3d ___, 2019 WL 4739439 (Tex. App.—San Antonio 2019, no pet. h.) (won affirmance of denial of motion to dismiss under Texas anti-SLAPP statute)

 

    • Bandin v. State of Veracruz, ___ S.W.3d ___, 2019 WL 6000580 (Tex. App.—Houston [14th Dist.] 2019, no pet. h.) (won affirmance of order holding Texas anti-SLAPP statute does not apply to conspiracies to steal public funds)

 

    • Reeves v. Harbor Am. Cent., Inc., 552 S.W.3d 389 (Tex. App.—Houston [14th Dist.] 2018, no pet.) (won reversal of denial of motion to dismiss under Texas anti-SLAPP statute)

 

    • In re Bandin, 556 S.W.3d 891 (Tex. App.—Houston [14th Dist.] 2018) (original proc.) (won denial of mandamus in Texas anti-SLAPP case)
    • Danet v. Bhan, 436 S.W.3d 793 (Tex. 2014) (per curiam) (won reversal of court of appeals’ opinion in pro bono child-custody case

 

    • Emerson v. Emerson, No. 14-17-00064-CV, 2018 WL 4515872 (Tex. App.—Houston [14th Dist.] Sept. 20, 2018, no pet.) (mem. op.) (won affirmance in family-law case)

 

    • Ugwu v. Ugwu, No. 01-17-00247-CV, 2018 WL 1914870 (Tex. App.—Houston [1st Dist.] Apr. 24, 2018, no pet.) (mem. op.) (won affirmance in family-law case)
    • Union Pac. R.R. Co. v. Seber, 477 S.W.3d 424 (Tex. App.—Houston [14th Dist.] 2015, no pet.) (won reversal of summary judgment awarding right to private railroad crossing through implied easement by prior use)

 

    • Seeberger v. BNSF Railway Co., No. 01-12-00583-CV, 2013 WL 5434141 (Tex. App.—Houston [1st Dist.] Sep. 26, 2013, pet. denied) (mem. op.) (won affirmance of order granting new trial solely on damages in a FELA railroad-worker injury case)

 

    • Huffman v. Union Pac. R.R. Co., 675 F.3d 412 (5th Cir. 2012) (won reversal of $600,000 judgment in a FELA railroad-worker injury case; Fifth Circuit ordered district court to enter judgment in favor of client)

 

    • Henry v. Burlington N. Santa Fe Corp., No. 12-08-00423-CV, 2010 WL 3582636 (Tex. App.—Tyler Sept. 15, 2010, no pet.) (mem. op.) (won affirmance of take-nothing judgment in railroad-crossing wrongful-death case)

 

    • Carr v. Union Pac. R.R. Co., No. 14-10-00675-CV, 2011 WL 4489982 (Tex. App.—Houston [14th Dist.] Sep. 29, 2011, no pet.) (mem. op.) (won affirmance of a summary judgment in chemical-exposure case arising out of train derailment)

 

    • In re Volkswagen of America, Inc., 545 F.3d 304 (5th Cir. 2008) (en banc) (filed amicus brief on behalf of two railroads in a venue case; en banc Fifth Circuit adopted clients’ position)
    • Kelsey-Seybold Med. Group PA v. Great-West Healthcare of Texas, Inc., 611 Fed. Appx. 841 (5th Cir. 2015) (won reversal of summary judgment; Fifth Circuit held that healthcare provider’s claims against insurance company were not preempted by ERISA and ordered case remanded to state court)

 

    • Lone Star OB/GYN Associates v. Aetna Health Inc., 579 F.3d 525 (5th Cir. 2009) (in case of first impression, Fifth Circuit agreed that physicians’ claims against insurance companies under preferred-provider agreements are not preempted by ERISA when the dispute is about the rate of payment, as opposed to whether the claims are covered)

 

    • Peace v. American General Life Ins. Co., 462 F.3d. 437 (5th Cir. 2006) (won reversal of summary judgment in ERISA case; Fifth Circuit agreed there was no ERISA preemption)
    • Wal-Mart Stores, Inc. v. Forte, 497 S.W.3d 460 (Tex. 2016) (filed amicus brief on behalf of Texas local governments and local-government elected officials; Texas Supreme Court adopted clients’ position that government suits for civil penalties are not subject to Texas Civil Practice and Remedies Code Chapter 41’s provisions regarding exemplary damages)

 

    • In re Collins, 286 S.W.3d 911 (Tex. 2009) (filed amicus brief on behalf of healthcare providers in a mandamus proceeding; Texas Supreme Court adopted clients’ position)

 

    • In re Volkswagen of America, Inc., 545 F.3d 304 (5th Cir. 2008) (en banc) (filed amicus brief on behalf of two railroads in a venue case; en banc Fifth Circuit adopted clients’ position)