news: appeals

TRIALS & CASES | APPEALS | PRESENTATIONS & PRESS

The Berry Firm is unable to post the results it obtains in cases, trials, and appeals per the Texas Rules of Professional Conduct. Please contact us to discuss our results.

• Poore v. Conagra Foods, Inc. - The Berry Firm represented the Defendant and successfully argued a 12b(6) Motion to Dismiss, resulting in the dismissal of the case. The underlying Plaintiffs have filed an appeal. Briefs have not yet been submitted. The appeal will be handled by Wendy Hermes and Ashley Veitenheimer.
• Poyner v. City of Gorman, et al - This appeal was taken after a police shooting. It was the result of the denial of a Plea to the Jurisdiction based upon qualified immunity under 42 U.S.C. § 1983.
• Trevino v. Randall's Food & Drugs, Inc. - Appeal after a motion for summary judgment in a premises liability case.
• Farmer v. Sloan - This was a case of first impression where the Court of Appeals considered whether an alleged breach of confidentiality by a physician was considered a "health care liability claim."
• Burks v. Harris Methodist H-E-B Hospital - A mandamus was filed, challenging a court's ruling allowing pre-suit depositions to go forward in a healthcare liability claim without a valid expert report.
• Brittain v. Wise Cty. Reg'l Health System - Appeal was filed following the court's ruling on a plea to the jurisdiction. In the same case, a mandamus was filed challenging the judge's rulings on peer review and credentialing matters.
• Windsor v. Maxwell - In this medical malpractice case, appeal was taken after a motion to dismiss challenging the validity of an expert report on the issue of causation.
• Rich v. Cooley - Appeal followed a Bill of Review.
• Jones v. Harris - Mandamus was filed following a ruling to allow deposition of a physician defendant to go forward without a valid expert report under Chapter 74 of the Texas Civil Practice and Remedies Code.
• Tom Max Thomas, II v. Lynx Petroleum Consultants, Inc. - Appeal followed the granting of a special appearance in an oil and gas dispute.
• Fudge v. Wal - Appeal concerning whether a licensed professional counselor is considered a health care provider under Chapter 74 of the Texas Civil Practice and Remedies Code.
• Billingsley v. Li and Li Chiropractice - The Berry Firm appealed the denial of a Motion to Dismiss based upon the insufficiency of an expert report under Chapter 74 of the Texas Civil Practice and Remedies Code.
• Hollinger v. Walid Saleh, M.D. and The Sher Institute for Reproductive Medicine - This appeal involves the question of whether allegations concerning the theft of patients' sperm and eggs by health care providers constitutes a health care liability claim governed by Chapter 74. Briefs have been filed and oral argument is scheduled for the fall of 2010.
• MacDonald v. Harris Methodist H-E-B Hospital - This appeal stems from the granting of summary judgment for defendants on the basis that there was no evidence at its nurses' alleged failure to timely report the patient's respiratory status and/or lab values proximately caused the death of the patient. Briefs will be filed in the fall of 2010.