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425 Soledad, Ltd. v. CRVI Riverwalk Hospitality, LLC, 709 S.W.3d 551 (Tex. 2024).  Represented owner of downtown San Antonio office building in property dispute with neighbor over use of attached parking garage.  Won reversal protecting owner’s unrecorded property interest in a parking easement that made spaces available to owner’s tenants and employees.

Taylor Morrison of Tex., Inc. v. Kuhlmeyer, 672 S.W.3d 422 (Tex. 2023) Represented homebuilder and successfully obtain reversal of denial of arbitration by establishing that, under direct benefits estoppel, subsequent homebuyer’s claims fell within the arbitration agreement of the original homeowner’s purchase agreement.

Taylor Morrison of Tex., Inc. v. Skufca, 660 S.W.3d 525 (Tex. 2023) Represented homebuilder and successfully obtain reversal of denial of arbitration by establishing that if any one of the children’s claims is based on the parents’ purchase agreement, then the children must also arbitrate all claims that fall under the scope of the purchase agreement’s arbitration clause.

In re Atlassian US, Inc., No. 23-50364 (5th Cir. 2023)  Represented software company in defending against mandamus action seeking to transfer trademark action to defendant’s home venue.  Succeeding in defending against transfer by demonstrating venue was proper where defendant conducted business and a substantial part of the infringement occurred.

Jim S. Adler, P.C. v. McNeil Consultants, L.L.C., 10 F.4th 422 (5th Cir. 2021)  Represented trademark holder challenging the use of his marks by competitor as search engine keywords for online advertising.  In a matter of first impression, succeeded in establishing that trademark holder had stated a cause of action for infringement.

Quadvest v. San Jacinto River Auth.,  7 F.4th 337 (5th 2021)  Represented investor-owned water utility against water authority.  Succeeded in establishing that water authority was not entitled to state-action immunity to utilities’ antitrust claims under the Sherman Act.

Catholic Diocese of Ele Paso v. Porter, 622 S.W.3d 824 (Tex. 2021)  Represented Diocese in claim brought by family members when church festival volunteers were injured after third-parties vendor’s booth caught fire.  Won reversal for Diocese be establishing that volunteers were licensees and that Diocese did not violate any duty to volunteers.

Pressley v. Casar, 567 S.W.3d 327 (Tex. 2019).  Represented winner of city council election, and succeeded in obtaining dismissal of election contest as moot.

Godecke v. Kinetic Concepts, Inc., 973 F.3d 1201 (9th Cir. 2019).  Represented former employee of manufacturer of a durable medical equipment in an appeal of a dismissal of a False Claims Act suit involving allegations that manufacturer submitted false reimbursement claims to Medicare.  Won reversal by establishing that employee plausibly alleged manufacturer submitted material false claims.

United States ex rel. Vaughn v. United Biologics, L.L.C., 907 F.3d 187 (5th Cir. 2018).  Represented board-certified allergists in False Claims Act suit involving allegations that allergy center improperly billed government healthcare providers.  Won ruling on appeal that it was not appropriate to dismiss non-intervening government with or without prejudice.

Chacon v. Copeland, No. 13-50521 (5th Cir. 2014).  Represented arrestee who brought excessive force claim against police officers who allegedly violated his Fourth Amendment Rights.  Won affirmance of denial of Officers’ qualified immunity claim by showing there was genuine material questions as to whether officers used excessive force.

Burchfield v. Prosperity Bank, 408 S.W.3d 542 (Tex. App.—Houston [1st Dist.] July 9, 2013, no pet.). Won affirmance of summary judgment in favor of lender against co-guarantor by establishing that prior settlement and default judgment involving other co-guarantors did not establish res judicata or violate the “one satisfaction” rule.

In re General Electric, 271 S.W.3d 681 (Tex. 2008). Won grant of writ of mandamus in toxic tort case when district court failed to dismiss on forum non conveniens grounds by demonstrating that all statutory factors weighed against the case being pursued in Texas.

Goetz v. Synthesys Techs., Inc., 415 F.3d 481 (5th Cir. 2005). Appealed denial of Rule 60(b)(4) motion to set aside default judgment as void. In a question for first impression for the Fifth Circuit, won reversal based on argument that plaintiff had failed to properly effect service under New York’s “nail and mail” provision.

Ford Motor Co. v. Ridgway, 135 S.W.3d 598 (Tex. 2004). Appealed reversal of summary judgment in products liability lawsuit arising out of vehicle fire. Won reversal by establishing that there was no evidence to support any finding of a manufacturing defect under Texas law.

Neill v. Ford Motor Co., No. 00-41264 (5th Cir. Nov. 13, 2001). Defended manufacturer in appeal of order transferring or dismissing claims by former products-liability plaintiffs who alleged fraud in the inducement of prior settlement agreements. Won dismissal of appeal of transfer based on lack of appellate jurisdiction, and won affirmance of dismissal based on considerations of comity and the Anti-Injunction Act.

Texas Dep’t of Criminal Justice v. Miller, 51 S.W.3d 583 (Tex. 2001). Appealed denial of plea to the jurisdiction in wrongful death (medical malpractice) case. Won reversal by establishing that administering pain medication was not a “use of property” that waived governmental immunity under the Tort Claims Act when medication was not the cause of the patient’s death.

Brown v. Tull, No. 99-50442 (5th Cir. May 30, 2000). Appealed denial of motion to dismiss in suit against numerous government and private defendants alleging constitutional and state law claims arising from seizure of animals from alleged “puppy mill.” Won reversal and dismissal for government client by establishing that client’s actions were objectively reasonable under Texas law and entitled to qualified and official immunity.

Texas Dep’t of Transp. v. Jones, 8 S.W.3d 636 (Tex. 1999) (per curiam). In property damage case, appealed denial of jurisdictional plea based on procedural question regarding the nature of governmental immunity. Won reversal by establishing that, under Texas law, a governmental entity may raise immunity from suit in a jurisdictional plea.

Texas Dep’t of Transp. v. Barrier, 40 S.W.3d 153 (Tex. App.—Houston [14th Dist.] 2001, no pet.). Appealed class certification of residential property owners who claimed unspecified property damages in the hundreds of millions of dollars for flooding of their homes associated with alleged negligent construction of a highway. Won reversal by establishing that the trial court abused its discretion in certifying the class because the predominance test was not satisfied and there was no threat of inconsistent adjudications.