SIGNIFICANT CASES

It is our privilege to be chosen as litigation counsel for local governments. We have significant experience in both state and federal court proceedings. Through hard work and diligence, we have enjoyed success in trial and appellate courts, including the Texas Supreme Court. A representative list of cases reflecting the depth of our abilities follows:

Gay and Carroll v. City of Wichita Falls, No. 08-13-00028-CV (Tex. App. - El Paso 2014) (interlocutory appeal of contract claims)



City of Athens v. Athens Municipal Water Authority, No. 12-14-0007-CV (Tex. App. - Tyler 2014) (interlocutory appeal of contract, tort, TOMA and declaratory judgement claims)


Duarte et al. v. City of Lewisville, No. 13-40806 (5th Cir. 2013) (first case in the Fifth Circuit (Texas, Louisiana, Mississippi) challenging the constitutionality of a city sexual predator buffer zone ordinance; claims were dismissed)


Onie Jane Pena,et al v. Dallas County Hospital District, et al, No. 13-10761 (5th Cir.2013) (qualified immunity of Parkland Hospital employees)


James Roa v. Denison City Council, No. 05-13-01594-CV (5th Cir. 2014) (appeal of court granting city's plea to the jurisdiction in a chapter 214 case to demolish substandard building)


Paper v. City of Denton, 2012 WL 3537810 (Tex. 2012) (premises liability claim for serious bicycle accident dismissed)


City of Hugo, OK v. Buchanan et al., No. 11-852 (U.S. 2012) (amicus brief for IMLA, TML and TCAA regarding ability of municipalities in water rights case to bring suit against a State for U.S. Constitutional violations)


Cantrell v. City of Murphy, et al., No. 11-1304 (U.S. 2012), appeal of dismissal of 666 F.3d 911 (5th Cir. 2012) (civil rights first responder claims involving death of a toddler)


Leblanc et al. v. City of Haltom City, et al., No. 11-0322 (Tex. 2012) (illegal search and arrest civil right and state tort claims)


Diaz v. Ellis County, 2010 WL 4243622 (Tex. App. – Waco 2010 no pet.)(court of appeals affirmed a take-nothing jury verdict involving a double death premises liability claim involving death of two teenagers)


Somchai Saramanee and Andrew Terrell Boggess v. Town of Northlake, 2011 WL 944 908 (Tex. App. – Fort Worth 2010, pet. denied)(trial court dismissed police pursuit claim involving officer traveling 100+ mph involving motorcyclists on highway)


City of Celina v. City of Pilot Point, 2009 WL 2750978 (Tex. App. – Fort Worth 2009 pet. denied)(court affirmed Pilot Point’s annexation of 3500 acres on planned North Dallas Tollway)


City of Mesquite v. PKG Contracting, 263 S.W.3d 444 (Tex. App. – Dallas 2009, pet. denied)(million dollar breach of public improvements contract)


Sadeghian v. Town of Little Elm, 2008 WL 46153424 (E.D. Tex. 2008)(summary judgment granted on claims of substandard housing and constitutional takings; attorneys fees awarded to the town)


McFarling v. City of Denton, 2007 WL 3208565 (Tex. App. – Fort Worth 2007, no pet.)(electrocution claim settled favorably on appeal after dismissal in the trial court)


Winegarner v. City of Coppell, 2007 WL 1040877 (N.D. Tex. 2007)(qualified immunity of city police officers)


Kuhl v. City of Frisco, 2007 WL 1051760 (E.D. Tex. 2007)(motion to transfer venue)


Cunningham v. Chapel Hill ISD, 438 F. Supp. 2d 718 (E.D. Tex. 2006)(testimonial privilege afforded by doctrine of legislative immunity protected board of trustees from giving forced testimony at deposition and trial, in a First Amendment and Whistleblower case)


City of Irving v. Inform Construction, 143 S.W.3d 371 (Tex. App. – Dallas 2004), rev’d in part, 201 S.W.3d 693 (Tex. 2006)(waivers of immunity by filing counterclaims)


DeSoto Wildwood Development Inc. v. City of Lewisville, 184 S.W.3d 814, 822 (Tex. App. – Fort Worth 2005, no pet. h.)(impact fee claim dismissal affirmed on appeal, breach of contract and state constitutional takings claim remanded due to plaintiff’s failure to exhaust administrative remedies)


Davis v. City of Grapevine, 188 S.W.3d 748 (Tex. App. – Fort Worth 2005, pet. denied)(employment discrimination claim dismissed in trial court)


City of Allen v. Ahmed, 2005 WL 3436690 (Tex. App. – Dallas 2005)(nuisance, takings, and tort claims involving 100+ plaintiffs, property damages to their houses, and personal injury damages including brain damages. Court of appeals withdrew its opinion after city asked for rehearing en banc based on conflicting opinions in Dallas court of appeals)


Richard Allen v. City of Mesquite and Mesquite Board of Adjustment, 2004 WL 612798 (Tex. App. – Texarakana 2004)(appeal of exception to build an oversized accessory building. A take-nothing summary judgment for the City was affirmed on appeal).


Satterfield & Pontikes Construction, Inc. v. Irving ISD, 123 S.W.3rd. 63 (Tex. App. - Dallas, 2003) (interlocutory appeal to determine whether "sue and be sued" enactment clause in the Texas Education Code is a waiver of immunity from suit)


Little v. Fulps Cause 2002 WL 31831367 (Tex.App - Dallas, 2002) (upheld City nuisance ordinance enforcement)


In re Keith Jobe, 42 S.W. 3d 174 (Tex. App. – Amarillo 2000)(mandamus granted by the court of appeals to protect police officer’s damaging internal affairs file under Tex. Gov’t Code 143.089(g))


City of Cleburne v. Donna and Edwin Trussell, 10 S.W.3d 407, No. 10-99-287-CV (Tex. App. – Waco 1999)(interlocutory appeal to determine whether economic damages are recoverable under the Tort Claims Act)


Julian Perez et al. v. George Murff II and City of Wichita Falls, 972 S.W.2d 78 (Tex. App.– Texarkana 1998, writ denied) (limine entered against the plaintiffs for failing to designate witnesses, experts and exhibits under pretrial order. Directed verdict entered after trial to the court)


Robinett v. Carlisle, 928 S.W.2d 623 (Tex. App.– Fort Worth 1996, writ denied), cert. denied, 118 S.Ct. 7 (1997) (qualified immunity of a police officer in a §1983 case of deadly force)


City of Wichita Falls v. Sherry Norman and Freddie Norman, 963 S.W.2d 211 (Tex. App.– Fort Worth 1997, writ denied w.o.j.) (official immunity of police officer involved in an automobile accident)


Larry Lawrence v. City of Wichita Falls and Wichita County Water Improvement District No. 1, 906 S.W.2d 113 (Tex. App.– Fort Worth 1995, writ denied) (wrongful death suit under the Texas Tort Claims Act)


Lee Price Fernon v. Robin Smajstrala et al., No. 97-1395 (5th Cir. 1998) (45 million dollar conspiracy and civil rights claim by Baylor County Attorney against City of Seymour, its mayor and police chief, Baylor County, its county judge, and other parties)


Walter Bensch v. Penelope Mattos, et al., 149 F.3rd 1179, Nos. 97-10691 and 97-11222, (5th Cir. 1998), cert. denied, 119 S. Ct. 547 (1998)(24 million dollar civil rights and conspiracy claim by Wichita County deputy sheriff against City of Wichita Falls, its city council, city manager, police chief, and command staff of the police department. Plaintiff’s counsel was also sanctioned for violating FRCP 11)


Allen Killingsworth v. Eric Lynn Chatman, No. 97-10407 (5th Cir. 1997) (qualified immunity of a police officer in a §1983 case of deadly force)


Freddie Castillo v. City of Wichita Falls, Chief Curtis Harrellson, and Officer Larry Robinett, No. 2-95-262-CV (Tex. App. -Fort worth, 1996) (municipal liability and qualified immunity in an excessive force case)


William Steve McGrew v. Wichita Falls Police Department et al., No. 96-10033 (5th Cir. 1996) (excessive force case)