FALL 2005 NEWSLETTER

FALL SEMINAR SCHEDULED

Please make plans to attend our Fourth Annual Texas Legal Update for the Claims Professional, on Thursday, November 10th at Studio Movie Grill in Addison. Details and topics are currently being planned and will be e-mailed in an invitation shortly. This continuing education program is complimentary, so please make plans to attend. If you are receiving this newsletter via e-mail, you will receive an invitation. If you would like to add an additional e-mail address or name to our list, however, please contact Jean Fifer at 972-860-0396 or at jfifer@fhmlaw.com .

SCHOOL LAW TEAM TO SPEAK AT TASB CONVENTION

Thomas Brandt and members of our School Law team will present a roundtable discussion on " Legal Issues Regarding Design and Accessibility" at the annual Texas Association of School Boards conference in Houston, from 10:30 to 11:45 a.m. on Friday, Sept. 23, 2005. If you are a school administrator and are attending the conference, please make plans to join us for this presentation.

MORE CONTINUING EDUCATION OPPORTUNITIES:

Did you know that Fanning Harper & Martinson, P.C. has a variety of TDI-approved continuing education courses that we can present to your organization? Many of our attorneys are frequent guest speakers at various events and training programs hosted by our clients, as well as professional organizations. Topics include Tort Reform, Supreme Court Updates, Reservation of Rights overviews, Effective Negotiation skills, among others. We even have courses specifically designed for school administrators. We can also customize a program to suit your group’s particular interests and needs. Please feel free to contact us for more information about how we can arrange a presentation for your group.

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

EMPLOYMENT LAW 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:

THOMAS BRANDT, MARK DYER and ROBERT FUGATE were recently named by Texas Monthly magazine as “Super Lawyers” for the year 2005 and will be included in publication’s upcoming “Texas Super Lawyer” edition in October.

ROCKY LITTLE was recently named a Director at FHM, P.C. Rocky joined the firm last fall, is board certified in Personal Injury Trial Law by the Texas Board of Legal Specialization and has extensive jury trial experience. 

JASON SPIVEY recently joined FHM, P.C. as an associate. Jason clerked for the firm while attending Southern Methodist University School of Law, where he was assistant editor for the International Law Review Association. Jason received his J.D. from SMU this year. Jason received his undergraduate degree in Biomedical Engineering at Texas A & M University, and has extensive structural and civil engineering experience.

THOMAS BRANDT has been appointed for another 2-year term as a Director of the St. Thomas More Society. Tom was recently appointed to another 2-year term by Bishop Charles Grahmann of the Diocese of Dallas. The St. Thomas More Society is an association of Catholic lawyers. Tom served as President of the Society for 3 years from 1999 to 2001, and has served on the Board of Directors of the St. Thomas More Society since the late 1990s. Tom has led the St. Thomas More Society’s annual ethics seminar for the past five years.

MARK DYER was recently elected to be secretary of the Planning and Zoning Commission of Irving. Mark has served on the board of the Planning and Zoning Commission for the past several years. Additionally, Mark, a member of the Baylor Medical Center of Irving’s Board of Trustees, was recently asked to serve on its Finance Committee. Mark, an Irving resident, also served with former HUD Secretary Henry Cisneros, as a panelist in a recent lecture series concerning updating the City of Irving's Comprehensive Plan.

MARK J. DYER and ROBERT FUGATE obtained an APPELLATE VICTORY before the FIFTH CIRCUIT COURT OF APPEALS in Bryant v. Metric Property Management, Inc. The plaintiff alleged he was harmed by exposure to mold within his apartment. The district court granted summary judgment in favor of Metric Property because the plaintiff failed to use diligence in serving his lawsuit and failed to raise a fact issue on the issue of whether the alleged mold exposure caused his alleged injuries. The Fifth Circuit Court of Appeals affirmed the judgment in favor of Metric Property.

AMOS PETTIS obtained a DIRECTED VERDICT in Robert and Aide Perez v. Frederico Rampone, JUSTICE OF THE PEACE COURT, Prct. 4-2, DALLAS COUNTY, before Judge Robert Whitney. The Plaintiffs sued for property damages and medical expenses from a motor vehicle accident with the Defendant. The Plaintiffs' one ton, full-sized van was rear-ended by the Defendant's Isuzu at low speed after moving up when a traffic light turned green and then stopping again to turn left. The court granted a directed verdict after the Plaintiffs rested as Mr. Pettis successfully argued that the Plaintiffs had no evidence of any damages caused by this Defendant.

PUBLISHED PAPERS AND SPEAKING ENGAGEMENTS

LESLIE ECHOLS PITTS recently had an article published in the August 22 edition of the national trade publication, “Pool and Spa News.” The article, titled “Face Value,” dealt with the rise in the number of construction-defect lawsuits, and offered tips on how businesses can protect themselves against the lawsuits.

BARRY FANNING presented a one-hour CE program to the National Association of Insurance Women of Dallas at their August meeting. The program was titled “An Overview of Strategies for Ethical Negotiation.”

STEPHEN HENNINGER presented a CLE program to the State Bar of Texas in late July, titled “The First Amendment and Local Government Regulations.”

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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 Jean Fifer at jfifer@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
www.fhmlaw.com

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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