United States District Court for Eastern and Southern Districts of Texas
Education
Lamar University, BS Political Science, 1990
Southern Methodist University School of Law, JD 1994
Representative Experience
MANDAMUS – DISCOVERY OF CELL PHONE/SOCIAL MEDIA
In re Indeco Sales, Inc, 2014 Tex. App. LEXIS 11859 (Tex. App. – Beaumont 2014, no pet.) – Mandamus involving discovery of cell phone data and social medial postings
SUMMARY JUDGMENT – FAILURE TO CONFORM TO PLEADINGS
Maswoswe v. Nelson, 327 S.W.3d 889 (Tex. App.—Beaumont 2010, no pet.) – Successful reversal of $4 million dollar summary judgment for failure to conform to pleadings.
INSURANCE CLAIM/ ANTI-TECHNICALITY STATUTE
Temcharoen v. United Fire Lloyds, 293 S.W.3d 332 (Tex. App. – Eastland 2009, pet. denied) — Hurricane Rita insurance claim involving the application of the anti-technicality statute to void a policy when an insured manufactured receipts seeking re-imbursement of additional living expenses.
ATTORNEY DISQUALIFICATION
In re Seven-O Corporation , 289 S.W.3d 384 (Tex. App. – Waco 2009, original proceeding) – Mandamus proceeding to disqualify an attorney who was representing both the plaintiffs and third party defendants in the same case. Note: Supreme Court of Texas denied a related mandamus filed by the opposing parties. Mandamus by plaintiffs to Supreme Court denied after full briefs on the merits. In re DeMott, No. 09-900 (August 20, 2010).
HURRICANE INSURANCE CLAIM / ATTORNEY’S FEES
Ware v. United Fire Lloyds, No. 09-12-00061-CV, 2013 Tex. App. LEXIS 5730 (Tex. App.—Beaumont 2013, no pet.) – Successful defense of an appeal regarding the award of attorney’s fees.
CONSUMER COMPLAINT / STATUTE OF LIMITATIONS
Book v. American Air Systems, Inc. 09-15-00538-CV; (December 30, 2015) – Successfully defended appeal on issue of statute of limitations in a construction defect case.
INSURANCE COVERAGE
Colony Nat’l Ins. Co. v. United Fire & Cas. Co., No. 5:14CV10-JRG-CMC, 2016 U.S. Dist. LEXIS 43437 (E.D. Tex. 2016) – Coverage dispute involving duty to defend an additional insured in construction related personal injury case.
SUMMARY JUDGMENT – ABSENCE OF CONTROL IN COMMERCIAL TRUCKING CASE
Elvir v. Brazos Paving, Inc., No. 13-16-00546-CV, 2017 Tex. App. LEXIS 8348, (Tex. App.—Corpus Christi Aug. 31, 2017)) – Successfully defended summary judgment on issue of general contractor’s lack of control of subcontracting truck driver in significant personal injury case.
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