On May 8, the Fifth Court of Appeals in Dallas overturned a $7 million judgment in a suit filed by a painter who alleged damages resulting from exposure to paint products made by E.I. DuPont de Nemours and Co.
Haynes and Boone, LLP Counsel Mike Hatchell represented DuPont on appeal, including filing briefs and handling oral arguments in the Dallas appellate court.
In its opinion, the appellate court concluded that the plaintiff failed to demonstrate the reliability of the scientific evidence he offered in claiming DuPont’s product had caused his injuries. “The evidence of causation is legally insufficient to sustain the verdict in this case,” the court ruled.
Hatchell was assisted by Haynes and Boone Appellate Partner Anne Johnson.
Hatchell has been recognized for 15 years by the Texas Lawyer, ALM Media Productions, "Go-To Guide" as one of the top five appellate lawyers in Texas and by Texas Super Lawyers, Thomson Reuters, 2003-2017. He is one of 300 elected members of the American Academy of Appellate Lawyers. He also serves on the Texas Supreme Court Advisory Committee and is a respected lecturer on a variety of appellate issues and developing Texas law.
Johnson has been involved in some of the largest and most high-profile appeals in Texas. Recently, she served as lead appellate counsel in an appeal of a $68 million jury verdict arising from fraud and contract claims brought by oil and gas investors. She was also part of the Haynes and Boone appellate and insurance recovery team that successfully resolved, following post-trial motions, negligence and gross negligence claims arising from a trucking accident that resulted in a $281 million jury verdict.
The ruling in the DuPont matter was reported by Law360. (Subscription required.)