In the Interest of J.P.L., ___ S.W.3d ___, 2011 WL 5869456 (Tex. App.--San Antonio, Nov. 23, 2011, no pet. h.)
In an international child custody dispute, successfully obtained mandamus relief setting aside an order that deprived a parent of possession and custody of a child, on the grounds that the order violated due process principles and the international treaties governing service on a parent who resides abroad.
Main v. Royall, No. 05-09-01503-CV (Tex. App.-Dallas July 25, 2011)
Represented amicus curiae in an interlocutory appeal obtaining reversal of the trial court’s order denying summary judgment on defamation claims against two media defendants regarding the book,
Bulldozed: 'Kelo,' Eminent Domain and the American Lust for Land.
Chevron Phillips Chemical Co. LP v. Kingwood CrossRoads, L.P., 346 S.W.3d 37 (Tex. App--Houston [14th Dist.] 2011, pet. filed)
In a real estate appeal following a six-week jury trial, obtained reversal of a trial court judgment that had required client to convey a valuable tract of commercial real estate and to pay $2.9 million in fraud damages to a commercial real estate developer.
Heritage Gulf Coast Properties, Ltd. v. Sandalwood Apartments, Inc., No. 2008-64342 (11th Dist. Ct., Harris County, Tex.)
In a lawsuit alleging multi-million dollar claims arising from commercial real estate disputes, assisted trial team with strategy, prepared and argued successful motions for directed verdict, and prepared and argued the jury charge. The trial resulted in a favorable defense verdict that rejected the opponents' claims for breach of fiduciary duties and fraud by non-disclosure.
Barnes v. Stone Way Limited Partnership, 330 S.W.3d 925 (Tex. App.--Beaumont 2011, no pet.)
In a
pro bono representation, obtained reversal of a default judgment evicting a low-income tenant from her apartment by persuading the court of appeals that the trial court abused its discretion in denying the tenant's motion for a new trial.
State of Texas v. Clark; No. C-35,136; In the 244th District Court of Ector County, Texas.
In a case of first impression, we filed an emergency motion to quash a subpoena that would have put our client, a newspaper reporter, on the witness stand. Our motion was based on the Texas Free Flow of Information Act, the "shield law" enacted in 2009. During hearings on the eve of trial, we persuaded the district attorney and defense counsel to agree that the reporter would not be called to testify.
Big Dog Logistics v. Strategic Impact, 312 S.W.3d 122 (Tex. App.-Houston [14th Dist.] 2010, pet. denied)
In an appeal following a jury trial, obtained reversal of a $2.2 million judgment for alleged breach of a commissions contract between a marketing consultant and our client, a Houston-based company that provides services and solutions to manufacturers, distributors, and shippers with unique logistics needs. The court held there was no evidence that our client entered into the agreement the jury found had been breached.
Stergiou v. General Metal Fabrication Corp., No. 01-01-00691-CV (Tex. App.—Houston [1st Dist.] 2003, pet. denied)
In dispute over ownership of corporation, persuaded trial court to allow client to tender corporate stock into court’s registry as alternate security in lieu of supersedeas bond, which allowed client to avoid loss of corporate control and ultimately obtain reversal of trial court’s judgment.
Freedom Communications, Inc. v. Mancias, 101 F.3d 697 (5th Cir. 1996)
In a case involving First Amendment rights, assisted trial counsel in obtaining reversal of a district court’s order dismissing a newspaper’s suit to unseal court records concerning a candidate for public office.
Freedom Communications, Inc. v. Brand, 907 S.W.2d 614 (Tex. App.—Corpus Christi 1995, no writ)
Assisted trial counsel in obtaining a summary judgment for a newspaper on its First Amendment defenses in a case filed by a public office holder.
Freedom Communications v. Sotelo, 11-05-336-CV, 2006 WL 1644602 (Tex. App.-- Eastland 2006, no pet.)
In an appeal involving the First Amendment’s “fair report” privilege, obtained reversal of the trial court’s order denying summary judgment to a newspaper and its reporter.
Advent Trust Co. v. Hyder, 12 S.W.3d 534 (Tex. App. --San Antonio 1999, pet. denied)
Obtained a stay of execution in the court of appeals, stopping proceedings in the trial court to foreclose on real estate, and ultimately obtained reversal of the trial court’s judgment.
Zarsky Industries, Inc. v. Temptek, Inc., C.A. No. H-96-1133 (S.D. Tex. 1997)
After a federal trial that resulted in a $3.2 million judgment, negotiated a compromise that resulted in a cost-effective stay of enforcement of the judgment pending the district court’s consideration of post-judgment motions.
Freedom Communications v. Cantu, 168 S.W.3d 847 (Tex. 2005)
Obtained reversal of the trial court’s order denying summary judgment to a newspaper and its reporter, on the ground that a headline is not defamatory when it rationally interprets the underlying facts.
Eberhard v. Golden Amer. Life Ins. Co., No. A-03-CA-866-LY (W.D. Tex. 2006)
Obtained an order from a federal district court that Texas state law governed supersedeas issues and limited the bond amount to 50% of net worth, enabling our client to avoid post-judgment garnishment during the appeal.