Fall 2004 Newsletter

FALL SEMINAR SCHEDULED

Please make plans to attend our annual Fall Seminar on Thursday, November 18^th at the Crowne Plaza Hotel in Addision.  Invitations and more information about the program will be e-mailed soon.  If you have any questions in the meantime, however, please contact Jean Fifer at 972-860-0399 or at jfifer@fhmlaw.com .

DID YOU KNOW ABOUT OUR NEW OFFICE?

To accommodate the growing needs of our clients and the needs of our attorneys with young families living in the Fort Worth area, we have opened a new office in Tarrant County.  The Tarrant County office also serves as a convenient work station for our attorneys with business to the west of Dallas.  All of the phone numbers have remained the same, and the physical address of the new location is 1600 Airport Freeway, #407, Bedford, Texas, 76022.

CONGRATULATIONS TO JOSHUA KUTCHIN

Fanning Harper & Martinson is pleased to acknowledge that Joshua T. Kutchin celebrated twenty years with the firm this summer.  Josh is an honors graduate of Rice University and the University of Texas Law School.  Certified in personal injury law by the Texas Board of Legal Specialization, Josh maintains an active trial practice.  His work is primarily concentrated in the areas of premises liability, construction liability, products liability and general negligence.  Josh speaks frequently to claims groups and trade associations and often lends his knowledge and experience in legal matters to various industry-related publications.

On July 23, Josh was honored with a firm luncheon and presented with an engraved watch in thanks for his many years of dedicated and successful service to the firm.

If you would like to review recent case summaries, please click on your topic of choice.

EMPLOYMENT LAW UPDATE
MUNICIPAL LAW UPDATE
PRODUCTS LIABILITY UPDATE
CLASS ACTION UPDATE
INSURANCE LAW UPDATE
PREMISES LIABILITY UPDATE

These abbreviated summaries are provided for information only, and are not intended as legal advice.

At Fanning Harper & Martinson, P.C., we evaluate cases early, work with our clients to develop a litigation plan, and execute on that plan. We believe our pretrial discovery and thorough preparation consistently translate into positive results for our clients. Some of our victories are summarized below.

RECENT NEWS and SUCCESSES:

DON MARTINSON, GEORGE, LANKFORD, AND ROBERT FUGATE obtained an APPELLATE VICTORY before the TEXAS SUPREME COURT in Northern County Mutual Ins. Co. v. Davalos.  In this important victory for the insurance industry, the Texas Supreme Court held that a liability insurance carrier has the right to control the defense when there is not an otherwise "sufficient conflict" between the insurer's control of the defense and the "insured's legitimate interests under the policy."    More specifically, the Texas Supreme Court held that, when Northern County did not reserve the right to disclaim coverage, the disagreement over venue in the case was not a "sufficient conflict" for Northern County to lose its right to control the defense.  Link to case summary.   

TOM BRANDT and Steve Henninger obtained an APPELLATE VICTORY before the UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT in New Orleans, Louisiana in the case of Sullivan v. Hunt County, et al.  FH& M represented a former Chief Deputy of the Hunt County Sheriff's Office who had the Plaintiff involuntarily committed to a mental hospital because of concerns that the Plaintiff was suicidal.  Plaintiff sued the Chief Deputy for unlawful seizure, denial of due process, denial of right to counsel, excessive force, and conspiracy. 

After the trial court denied the Chief Deputy's motion for qualified immunity, we appealed and the 5th Circuit Court of Appeals reversed the District Court, and entered judgment that all claims against the Chief Deputy should be dismissed, as he was entitled to immunity.  This case was orally argued by Tom Brandt.

TOM BRANDT, ROBERT FUGATE, and JOHN ROEHM obtained an APPELLATE VICTORY before the UNITED STATES COURT OF APPEAL FOR THE FIFTH CIRCUIT in New Orleans, Louisiana in the case of Jeffrey v. Board of Trustees of the Bells Independent School District.   The parents of a high school senior brought this federal lawsuit contending their daughter should have been named the valedictorian of her senior class.  FHM obtained a district court judgment in favor of the school, and the Fifth Circuit affirmed.

TOM BRANDT, ROBERT FUGATE, and NELLIE HOOPER obtained an APPELLATE VICTORY before the UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT  in New Orleans, Louisiana  in the case of Stephens v. Denton Independent School District.   A music teacher alleged racial discrimination after she was transferred.  The district court granted summary judgment in favor of the school district and awarded attorneys’ fees under the Texas Education Code and federal law.  The Fifth Circuit affirmed the award of attorneys’ fees against the plaintiff and her counsel for bringing a frivolous suit.  The Fifth Circuit previously affirmed the grant of summary judgment in an earlier appeal.

STEVE HENNINGER and TOM BRANDT obtained a SUMMARY JUDGMENT before Judge Jerry Buchmeyer in the case of Fantasy Ranch v. The City of Arlington.   This case involved a constitutional challenge to the City of Arlington's  sexually-oriented business ordinance.  The decision affirmed the constitutionality of a number of regulations that the city enacted as a means of dealing with the harmful secondary effects of sexually-oriented businesses.

RON IHLE obtained a DIRECTED VERDICT IN THE 162ND DISTRICT COURT IN DALLAS COUNTY in a premises liability case arising from a landlord/tenant dispute.  A fire broke out on commercial property owned by plaintiff, which was occupied by a tenant who operated it as a grocery store. The tenant had recently made improvements to the property, including the installation of air conditioning units in the windows, and rewiring. The plaintiff sued our client for negligent maintenance, alleging that the fire must have resulted from something the tenant had done, and argued that a tenant who makes improvements has a duty to do so in such a way as to not pose a danger to the landlord's property.

The defense denied negligence, and contended that there was no evidence that she had created a fire hazard, and the plaintiff had the burden of showing evidence of causation.  The plaintiff claimed $100,000 in property damages but was not able to prove up any damages at trial because Ron successfully argued that her experts had been designated as ONLY AS fact witnesses RATHER THAN EXPERT WITNESSES. Judge Bill Rhea agreed and would not allow the plaintiff’s witnesses to testify regarding damages.

TOM BRANDT and JOSHUA SKINNER obtained a VICTORY in an arbitration proceeding before United States District Judge Barefoot Sanders in the case of Barrow v. Greenville ISD and Dr. Herman Smith.  The proceeding involved a dispute about the amount of attorneys fees that Plaintiff’s counsel would be entitled to receive if Plaintiff prevailed at trial.  Plaintiff’s counsel sought to be awarded in excess of $1 million in fees.  After considering the Defendant’s joint submission, Judge Sanders recommended the Plaintiff’s counsel be awarded no fees at all.

MARK J. DYER was recently named one of Texas Monthly magazine’s “Super Lawyers” for 2004 and will be featured in the October issue.  Mark was also just appointed to the Board of Trustees at Baylor Health Care Center of Irving.  Mark will serve a three-year term on the Board and will focus his energies on the Quality and Risk Management committee.

ROCKY LITTLE has joined the firm as an associate.  Rocky is board certified in Personal Injury Trial Law by the Texas Board of Legal Specialization and has extensive jury trial experience.  He has handled many types of personal injury cases, including general negligence, products liability, vehicular accidents, medical negligence and wrongful death.   Additionally, Rocky has litigated a broad range of non-personal injury civil suits, including construction defect cases, professional negligence, insurance coverage and commercial litigation.  Rocky graduated from the University of Texas School of Law in 1986.  Prior to law school, Rocky worked in Hospital Financial Management for five years.

Link to PUBLISHED PAPERS AND SPEAKING ENGAGEMENTS 

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If you have any questions about any of the cases discussed in our case summaries or would like copies of specific cases, please contact Robert Fugate at RFugate@fhmlaw.com.

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© Fanning, Harper, & Martinson, P.C., August 6, 2003

Fanning, Harper & Martinson, P.C.
4849 Greenville Ave., Suite 1300
Dallas, Texas 75206
Phone: (214) 369-1300
Fax: (214) 987-9649

The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation.

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