Author: HDBD

Hartline Barger LLP Brings in Four Attorneys, Including Partner David Merkley, from Houston Law Firm

HOUSTON, TX – Hartline Barger LLP, a Southwest-based, nationally recognized law firm specializing in civil litigation and trials, continues to expand its Houston office with the addition of four attorneys from another Houston law firm, including partner David Merkley.

David Merkley is a board certified trial lawyer with a statewide practice involving the defense of catastrophic losses. He is routinely retained to oversee the containment of evidence and investigation immediately following an event, and then manage the litigation and try cases as lead counsel. He is a member of the American Board of Trial Advocates (ABOTA), and was one of the youngest members of the ABOTA Houston Chapter elected to receive this distinction. David’s concentrated areas of practice include oilfield and refinery incidents, trucking and transportation accidents, products and premises liability claims, general maritime matters, and construction-related claims. He also assists clients in drafting and revising corporate safety manuals, training materials, employee handbooks, and other tools designed to improve a company’s overall safety record and risk avoidance.

We’re thrilled to have David join our team,” says managing partner Larry Grayson. “He’s an accomplished trial lawyer with an impressive record of success and a stellar reputation.

In addition to David Merkley, three more Germer attorneys, Sarah Jones, Lisa Massey and Selina Contreras, join Hartline Barger’s Houston office as of counsel and associate attorneys.

Of Counsel Sarah Jones has significant experience trying cases from inception to trial throughout the state of Texas. Sarah routinely represents clients in a wide array of litigation matters, including labor & employment, trucking & transportation, products liability, personal injury, premises liability, oil & gas, construction, warranty & DTPA, and insurance defense. Based on her extensive representation of Fortune 500 Companies, Sarah is highly sought after to provide clients with general risk assessment. In conjunction with providing clients with risk assessments, she is often hired to draft and revise corporate policies and procedures, employee handbooks, and safety protocols.

Of Counsel Elizabeth “Lisa” Massey routinely handles complex litigation for clients across a broad spectrum of legal areas, including oil & gas, trucking & transportation, residential and commercial construction, premises liability, products liability, professional liability, and personal injury. Lisa has an established track record of successfully representing her clients in state, federal and appellate courts and administrative bodies across Texas. As a native of Naples, Italy, Lisa is fluent in Italian.

Associate Selina Contreras focuses her practice on commercial litigation, trucking & transportation, personal injury defense, and premises liability. Before shifting her practice to civil litigation defense, Selina represented injured plaintiffs. This was a valuable experience which she now uses to understand opposing counsel’s approach to case strategy and negotiation.

This move is another step forward for the firm’s growing Houston office, explains managing partner Larry Grayson. “The experience these four bring strengthens our Houston office and further enables us to provide value for our clients.”

 

 

Hartline Barger LLP is a Southwest-based law firm specializing in civil litigation and trials, with offices in Dallas, Houston, Corpus Christi, Waco, Albuquerque, and Santa Fe. The firm’s attorneys pride themselves on providing uncompromising excellence to their clients in a variety of areas, including products liability, commercial litigation, class action and multidistrict litigation, personal injury defense, premises liability, labor and employment, healthcare, construction, and dealer/franchise litigation. For more information about Hartline Barger, visit hartlinebarger.com

Hartline Barger LLP Kicks Off DBA’s 2020 Equal Access to Justice Campaign

The attorneys of Hartline Barger LLP strongly believe in the Dallas Volunteer Attorney Program and its mission of ensuring legal aid to those in the Dallas area who cannot otherwise afford it. Through the Dallas Bar Association‘s annual Equal Access to Justice Campaign, law firms across Dallas are given the opportunity to contribute to making this enormous mission a reality. Read the article on the front page of the September 2019 edition of Headnotes below to see why we, like many other area law firms, give.

Headnotes-Sept-2019-DBA

Tennessee Court of Appeals Reverses $31m Verdict Against Navistar

An appellate court in Jackson, Tennessee reversed a 2017 jury verdict against Navistar Inc. that held the commercial truck and engine manufacturer liable for $31 million in actual and punitive damages. The underlying trial involved a commercial dispute regarding the reliability of trucks purchased by the plaintiff, Milan Supply Chain Solutions and manufactured by Navistar. Milan argued at trial that Navistar had committed fraud and violated Tennessee’s consumer protection laws when selling 234 Class 8 trucks, claiming that the manufacturer knew the engines on the trucks were defective when they were sold. In the appellate decision filed August 14th, the Tennessee Court of Appeals in Jackson ruled that the trial court erred at least twice, in that the economic loss doctrine barred fraud claims, and the consumer protection act does not cover commercial vehicles. Further, the panel affirmed the trial court’s award of attorney’s fees in favor of co-defendant and dealer Volunteer International, Inc., whom Milan sued without grounds.

Lead trial lawyer, Jeff Patterson, said, “We are relieved and grateful that the Court of Appeals corrected this irrational verdict. In at least seven venues around the country, trial courts and a jury have ruled for Navistar just as this appellate panel did. It’s a shame to have wasted so much in public and private resources on this case.”

In addition to the Hartline Barger team of Jeff Patterson, Clayton Callen and Tyler Stuart, Navistar was represented by Roman Martinez and Kevin Jakopchek of Latham & Watkins LLP, and Eugene N. Bulso Jr. and Paul J. Krog of Leader Bulso & Nolan PLC.

Law 360’s coverage of the decision can be found here (paywall)

Nine Hartline Barger Lawyers Selected for Inclusion in the 2020 Edition of The Best Lawyers in America©; Jeff Patterson named “Lawyer of the Year”

The Best Lawyers in America©, the oldest lawyer-rating publication in the U.S., has selected nine Hartline Barger LLP attorneys for inclusion in their 2020 edition. Furthermore, Dallas partner Jeff Patterson was named Best Lawyers‘ 2020 “Lawyer of the Year” for Product Liability Litigation Defense in Dallas/Fort Worth. Only a single lawyer in each practice area and designated metropolitan area is honored as the “Lawyer of the Year,” making this accolade particularly significant.

 Hartline Barger congratulates its listed Best Lawyers in America:

Hartline Barger Attorney Vernon Hartline Granted Exclusion of Expert Testimony in Products Liability Case by U.S.D.C. for the Southern District of Texas

The U.S. District Court for the Southern District of Texas recently granted a Motion to Exclude Expert Testimony filed by Vernon Hartline on behalf of Volkswagen Group of America and Ducati North America. The case is a products liability case arising out of an accident involving a 2004 Ducati Monster 620 motorcycle in Houston, Texas. Ducati NA argued that the plaintiff’s expert, Byron Bloch, was unqualified and that his opinions were unreliable and not based on a sufficient scientific foundation. The court agreed, finding that the expert’s report was “speculative, conclusory, and fails to consider or disprove alternative causes.” The court granted an exclusionary order for the expert’s entire testimony. You can read the entire Exclusion Order here.

Hartline Barger LLP Opens New Offices in Santa Fe & Albuquerque, Adds New Partner, Don DeCandia

Hartline Barger LLP, a Texas-based civil litigation and trial firm, expanded its footprint in the southwestern United States today with the opening of offices in Santa Fe and Albuquerque.

The two New Mexico offices join Hartline Barger’s four existing Texas offices (Dallas, Houston, Corpus Christi and Waco), bolstering the firm’s presence and depth of services in the growing Southwest market.

We believe our expansion into New Mexico will provide substantial opportunities for our clients and for Hartline Barger,” said firm-wide managing partner, Larry Grayson.

With the addition of the two new offices, the firm is also pleased to announce the arrival of a new partner, Donald A. DeCandia. Don DeCandia comes to Hartline Barger from Modrall Sperling, bringing with him over 30 years of trial, litigation, and appellate experience in the areas of products liability, tort, personal injury, and ERISA litigation. He has litigated complex commercial cases and class actions and has a depth of experience in appellate work. Don has handled scores of products liability cases in the vehicle context, including the defense of several tire manufacturers in tire failure litigation. He has also represented building product and power tool manufacturers, and his practice includes insurance bad faith cases and premises liability matters. Many of his cases involve claims for wrongful death and serious personal injury. Don is a 1989 graduate of the University of Texas at Austin School of Law.

We’re excited to have Don join the Hartline Barger family,” added managing partner Larry Grayson. “He has the experience and quality of work our clients expect from Hartline Barger.

The Santa Fe office is located at 141 E. Palace Ave, Garden Level Suite #2, Santa Fe, New Mexico 87501.

The Albuquerque office is located at 500 Marquette NW, Suite 770, Albuquerque, New Mexico 87102.

About Hartline Barger
Hartline Barger LLP is a Texas-based law firm specializing in civil litigation and trials, with offices in Dallas, Houston, Corpus Christi, Waco, Albuquerque, and Santa Fe. The firm’s attorneys pride themselves on providing uncompromising excellence to their clients in a variety of areas, including products liability, commercial litigation, class action and multidistrict litigation, trucking & transportation, personal injury defense, premises liability, labor & employment, insurance defense, healthcare, construction, and dealer/franchise litigation. For more information about Hartline Barger, visit www.hartlinebarger.com.

In Memoriam: Noé Reyna

It is with great sadness that we announce that Noé Reyna, our colleague and beloved friend, passed away on May 21st. Noé joined our Corpus Christi office as an Of Counsel attorney in 2016, and quickly distinguished himself with his exceptional research and writing skills. His quiet manner, his sense of humor, his altruistic nature, his dedication to excellent work and his friendship will be dearly missed.

For more on Noé’s unique journey through life, we encourage you to read his full obituary here.

Noe-Reyna

Attorneys Jeff Patterson and Luke Spencer Published in Litigation Section of SBoT

Hartline Barger LLP attorneys Jeff Patterson and Luke Spencer were published in the Spring 2019 issue of the Litigation Section of the State Bar of Texas’ News For The Bar. Their paper, “Lessons Learned in Jury Research: Mock Jurors, Shadow Jurors, Post-Truth Jurors, and Jury Consultants,” covers the strategic use of jury consultants and mock trials for trial preparation. You can access the paper via this link.

Hartline Dacus Barger Dreyer LLP Is Now Hartline Barger LLP

Hartline Barger LLP Logo

HDBD Celebrates its 25th Anniversary with a New Name and a New Look

As it begins its second quarter century in practice, Texas-based civil litigation and trial firm Hartline Dacus Barger Dreyer LLP is excited to announce its new name, Hartline Barger LLP. Along with the name change, the firm has adopted a modern visual identity, including a distinct new logo and refreshed website.

The new brand identity is a direct reflection of the firm’s promise made on its founding 25 years ago: to reject outdated approaches and attitudes, and embrace smarter, simpler, and more efficient solutions. “A long, convoluted name didn’t fit our style,” said firm Managing Partner Larry Grayson. “So we simplified it. It is a natural evolution that mirrors how we practice law.”

As a result of this change:

  • The firm’s website and external communications will reflect our new name and logo. The firm website address is now hartlinebarger.com.
  • Firm email addresses are now FirstinitialLastname@hartlinebarger.com. Messages sent to previous email addresses will redirect ­to the current addresses.

Despite the new name and new look, Hartline Barger will continue its tradition of practicing law with a unique Texas sensibility. The firm’s approach – emphasizing efficiency, collaboration, and results – remains the same.

Hartline Barger: Looking forward to another 25 years.

Jeff Patterson to Present at 2019 ABA Emerging Issues in Motor Vehicle Product Liability Litigation Conference

Jeffrey_S_Patterson

Hartline Barger LLP partner Jeff Patterson will present at the 2019 ABA/TIPS Emerging Issues in Motor Vehicle Product Liability Litigation Conference in San Diego, CA on April 4th. Considered the premiere national CLE on motor vehicle litigation, this American Bar Association-hosted program features leading figures from the industry, in-house counsel, and trial lawyers covering the issues that are on the cutting edge of what is happening in both the industry and the courtroom. Jeff, who has once again been selected to speak at this annual event, will present this year on the topic of jury research.

With over 60 mock trials under his belt, Jeff has considerable experience with all aspects of jury research & consulting. His presentation, “Lessons Learned in Jury Research,” will offer insight into the evolution of selecting and talking to juries. This talk will also consider the challenges faced by “post-truth” jurors, a trial lawyer’s view on using jury consultants and shadow juries, and missteps to avoid in mock trials. He is set to speak on the main stage on April 4th at 2:30 PM.

Ten Hartline Barger Attorneys Selected for the 2019 Texas Rising Stars® List

Once again, a substantial number of attorneys from Hartline Barger LLP have earned recognition from their peers by being selected for inclusion in the 2019 Texas Rising Stars® list. Awarded to fewer than 2.5% of lawyers statewide, the Rising Stars designation recognizes attorneys who are under the age of 40, or who have been in practice for no more than 10 years. These annual selections are based on a rigorous, multiphase process, including peer nominations and review, and independent research. Ten of the firm’s attorneys received this recognition, including partners J. Reid Simpson and Stephanie Roark.

Hartline Barger congratulates its attorneys listed in Texas Rising Stars 2019:

About Hartline Barger

Hartline Barger LLP is a Texas-based law firm specializing in civil litigation and trials, with offices in Dallas, Corpus Christi, Houston, and Waco.  The firm’s attorneys pride themselves on providing uncompromising excellence to their clients in a variety of areas, including products liability, commercial litigation, class action and multidistrict litigation, intellectual property, personal-injury defense, premises liability, labor and employment, insurance coverage, healthcare, construction, and dealer/franchise litigation. For more information about Hartline Barger, visitwww.hdbdlaw.com.

Hartline Barger LLP Elects Tyler Stuart and Clayton Callen to Partnership, Larry Grayson Elected to Managing Partner

Hartline Barger LLP is pleased to announce the promotion of Dallas attorneys Clayton Callen and Tyler Stuart to partners in the firm, effective immediately.

“Tyler and Clayton have both exhibited the kind of judgment, work ethic and trial skills we want in our partners,” said managing partner Larry Grayson. “Their promotion to partnership is well-deserved and strengthens our firm.”

Tyler Stuart’s practice focuses on commercial litigation, automotive and equipment product liability, personal injury defense, contracts, warranty, fraud and deceptive trade practices. Before joining the firm in 2015, Tyler gained significant litigation experience at a notable firm in Dallas assisting in all areas of the firm’s commercial and personal injury litigation practice. During that time, Tyler served as lead associate on a case involving a dispute over natural gas rights and received a jury verdict of $38 million for the client.

Tyler earned his J.D. from The University of Texas School of Law in 2006 and his B.A. from Baylor University in 2003.

Clayton Callen focuses his practice in the areas of civil litigation and political law. He has litigated a wide range of cases in state and federal courts across the country. This includes extensive litigation experience in cases involving complex commercial matters, products liability, constitutional law, election law, and “whistle-blower” claims under the False Claims Act, at both the trial court and appellate court levels. Additionally, Clayton serves as part of the national trial team for a Fortune 500 manufacturing company, implementing strategies for and managing litigation pending nationwide. Clayton has been recognized among Super Lawyers® “Texas Rising Stars” by Thompson Reuters five times since 2012.

Clayton earned his J.D., cum laude, from the University of Missouri, Kansas City and his B.S., magna cum laude, from Southwest Baptist University.

Additionally, the partnership has elected Larry Grayson to serve as Managing Partner of the firm’s four offices.  In addition to being one of the seven founding partners of the firm, Larry served as the firm’s first Managing Partner from 1994 to 2011.

Larry Grayson has represented clients throughout the State of Texas in a variety of cases, including wrongful death suits, insurance coverage and commercial disputes, product liability suits, dram shop litigation, wrongful termination and employment claims, as well as general negligence actions. Along with representing automotive, truck and heavy-duty equipment manufacturers, Larry has obtained successful outcomes for various retailers and suppliers in a wide range of industries. He has also served on defense steering committees in mass tort litigation. In addition to maintaining an active trial practice, Larry serves as the firm managing partner, a position he previously held for almost a decade after founding the firm.

Hartline Barger LLP Receives Tier 1 Ranking on 2019 Edition of U.S. News—Best Lawyers® “Best Law Firms” List

Hartline Barger LLP is pleased to announce it has received a Tier 1 ranking in the 2019 edition of “Best Law Firms” published by U.S. News—Best Lawyers®. This makes the 9th consecutive year that Hartline Barger has been awarded a Tier 1 ranking – every year since the inception of the publication. Firms selected for this list are recognized for their professional excellence, based on ratings from clients and other lawyers. In addition to our Tier 1 ranking in Personal Injury and Product Liability Litigation in both Dallas and Corpus Christi, the firm has also been recognized for several other top-tier practices across all offices. See below for the full rankings.

  • Metropolitan Tier 1
    • Corpus Christi
      • Personal Injury Litigation – Defendants
      • Product Liability Litigation – Defendants
    • Dallas/Fort Worth
      • Personal Injury Litigation – Defendants
      • Product Liability Litigation – Defendants
  • Metropolitan Tier 2
    • Corpus Christi
      • Litigation – Trusts & Estates
    • Houston
      • Commercial Litigation
  • Metropolitan Tier 3
    • Corpus Christi
      • Personal Injury Litigation – Plaintiffs

On Appeal, Hartline Barger LLP Oil & Gas Client Dismissed from Lawsuit Filed by Dimmit County

As reported by Law360, Hartline Barger partner Mike Terry was able to successfully get firm client, a global oilfield services company, dismissed on appeal from a lawsuit filed by Dimmit County. Dimmit County had filed suit against our client, along with 28 other oil and gas companies operating in the Eagle Ford Shale, alleging that they caused major road damage in the rural community. Twenty-two of those companies, including our client, appealed to Texas’ Fourth Court of Appeals, seeking dismissal under Texas Rule of Civil Procedure 91a. The three-judge panel sided with our client, along with the 21 other oilfield businesses, finding that the trial court was wrong not to toss the claims.

Hartline Barger LLP Attorneys Darrell Barger, Staci Vetterling Secure Defense Verdict in $200 Million Construction/Wrongful Death Jury Trial

MAVERICK COUNTY, TXDarrell Barger and Staci Vetterling, along with co-counsel from Thompson Coe and Langley & Banack, obtained a complete defense verdict on behalf of a firm client, one of the largest heavy civil contractors in the country and fastest-growing road builders in Texas, in a road construction zone case. Mr. Barger is a partner in the firm’s Corpus Christi and Houston offices and Mrs. Vetterling is Of Counsel in the Houston office.

This lawsuit stems from a catastrophic, multiple-fatality automobile accident which occurred in October 2014 near the southern terminus of Highway 277 in South Texas. The roadway was under construction, and traffic was stopped. A truck driver, another co-defendant in the case, crashed his tractor trailer into the stationary traffic at a high rate of speed, resulting in a multiple-vehicle pileup and three fatalities.

Plaintiffs alleged that our client, hired by the Texas Department of Transportation to widen Highway 277, negligently executed the traffic control plan. In addition, Plaintiffs claimed gross negligence, arguing that the alleged deviations in the traffic control plan were the result of an attempt to make up time on the delayed project. After an 11-day trial, the jury found that our client was in compliance with TxDOT’s Traffic Control Plan, assigning 0% liability to our client and total liability on the truck driver co-defendant.

Several Hartline Barger Partners Again Included in the 2019 Edition of Best Lawyers in America©; Corpus Christi Office Receives “Top-Listed” Award

The Best Lawyers in America©, the oldest lawyer-rating publication in the U.S., has selected eight Hartline Barger LLP attorneys for inclusion in their 2019 edition. Furthermore, the firm’s Corpus Christi office received Best Lawyers‘ “Top-Listed” award for Personal Injury Defense Litigation. This special designation is granted to the firm with the most Best Lawyers listed in a particular metroplex.

 Hartline Barger congratulates its listed Best Lawyers in America:

Supreme Court of Texas Sides With Hartline Barger Attorneys in ‘Latent Injury’ Suit

In a case that reached the Texas Supreme Court, Hartline Barger partners Michael Terry and J. Reid Simpson, of the firm’s Corpus Christi office, secured a successful verdict on behalf of the firm’s client, the world’s largest oilfield services company. As reported by Law360, the Supreme Court of Texas shot down claims against the firm’s client by a man who says he developed skin cancer from exposure to chemicals at a well site, ruling the trial court correctly found the claims had been filed too late and that an appellate court was wrong to try to revive them.

 

 

Nine Attorneys from Hartline Barger LLP Selected for the 2018 Texas Rising Stars® List

Once again, a substantial number of attorneys from Hartline Barger LLP have earned recognition from their peers by being selected for inclusion in the 2018 Texas Rising Stars® list. Awarded to fewer than 2.5% of lawyers statewide, the Rising Stars designation recognizes attorneys who are under the age of 40, or who have been in practice for no more than 10 years. These annual selections are based on a rigorous, multiphase process, including peer nominations and review, and independent research. Nine of the firm’s attorneys received this recognition, including partners Thomas Jacks and Stephanie Roark, who have each been selected for five or more consecutive years.

Hartline Barger congratulates its attorneys listed in Texas Rising Stars 2018:

About Hartline Barger

Hartline Barger LLP is a Texas-based law firm specializing in civil litigation and trials, with offices in Dallas, Corpus Christi and Houston.  The firm’s attorneys pride themselves on providing uncompromising excellence to their clients in a variety of areas, including products liability, commercial litigation, class action and multidistrict litigation, intellectual property, personal-injury defense, premises liability, labor and employment, insurance coverage, healthcare, construction, and dealer/franchise litigation. For more information about Hartline Barger, visit www.hdbdlaw.com.

Hartline Barger LLP Attorneys Persuade Texas Court of Appeals to Send Civil Damage Claims to Arbitration

Hartline Barger attorneys Brian Rawson, Stephanie Roark, and Roy McKay successfully petitioned on appeal for civil damage claims against the firm’s client, a publicly-traded hospitality company, to be moved to arbitration. Arguing to Texas’ Fifth Court of Appeals, Hartline Barger attorneys moved to compel arbitration citing a provision in a lease agreement the plaintiff signed stating that any dispute arising from “working at the [establishment]” would be decided by binding arbitration. Although a trial court originally denied the motion to compel arbitration, a three-judge panel on the Texas Court of Appeals court reversed the lower court’s decision.

Hartline Barger LLP Attorneys Score Major Jury Trial Victory in High-Stakes Commercial Litigation Case

Harris County, TX  – Hartline Barger attorneys Jeff Patterson, Clayton Callen, and Tyler Stuart, serving as lead defense counsel, secured a complete defense verdict last week in favor of Navistar, Inc., a heavy-duty truck and engine manufacturer and Texas Trucks, an authorized Navistar dealer, in a seven-day jury trial involving the company’s 2010 EPA 13L MaxxForce engines. This is a major bellwether victory for Navistar in the defense of MaxxForce litigation cases pending across the nation. The Hartline Barger team was assisted by Kevin Jakopchek of Latham & Watkins, as well as Jonathan Bunge and Daniel Lombard of Quinn Emanuel.

Hartline Barger LLP Attorneys Secure Complete Summary Judgment in Premises Liability Lawsuit

On February 19, 2015, Brian Rawson, and Roy McKay of Hartline Barger LLP obtained a complete summary judgment on behalf of The Mansions of Rockwall apartment complex and its management company, Western Rim Property Services, in a premises liability lawsuit in Tarrant County, Texas.

Plaintiff Spurgeon Sturdevant resided at The Mansions of Rockwall with his girlfriend and her son.  On or about June 11, 2011, Mr. Sturdevant exited his apartment after dark to have a discussion with his girlfriend’s son.  Mr. Sturdevant walked from his apartment to the pool area of the complex, which is located on a raised, hilly area.  To reach the pool area, Mr. Strudevant had to walk up a series of partially railed walkways and stairs.  Upon reaching the top of the stairs, he detoured off of the walkway onto the grass.  Strudevant turned left while talking and allegedly stepped past the retaining wall without realizing he had reached it.  This caused Mr. Sturdevant to fall 6-8 feet to the ground below.  Sturdevant allegedly fractured bones in his left foot in this fall.  Mr. Sturdevant underwent surgery on his foot at Parkland Hospital following his fall.

Sturdevant argued that the complex was negligent because it provided inadequate lighting and failed to provide railings along the entire walkway to prevent individuals from encountering the retaining wall.  Mr. Rawson and Mr. McKay obtained admissions from Mr. Sturdevant that he had visited the pool area before and knew of the retaining wall before the fall.  Sturdevant also admitted that he was simply not paying attention to where he was going when he fell.  Mr. Rawson and Mr. McKay also obtained evidence from the complex’s former manager establishing that the complex had never before had any incidents related to the retaining wall.

Mr. Rawson and Mr. McKay moved for summary judgment on two primary grounds.  The evidence affirmatively established The Mansions did not have knowledge of any alleged dangerous condition related to the walkway and retaining wall before the incident.  Additionally, the walkway and retaining wall fully complied with applicable building codes and were not “dangerous conditions” under Texas law.

Plaintiff Sturdevant responded with the submission of an Affidavit from an expert in code compliance, who opined that the complex did not fully comply with applicable codes.  Plaintiff also argued that the steps taken to secure the area, including the partial enclosure of the walkways with railings, showed Defendants’ knowledge of a dangerous condition.  Mr. Rawson and Mr. McKay responded to Sturdevant’s evidence by urging the exclusion of Plaintiff’s expert because the expert failed to provide any support for his opinions—they were mere ipse dixit.

The trial judge agreed with Mr. Rawson and Mr. McKay’s arguments and granted a complete summary judgment, dismissing all claims with prejudice.

Hartline Barger LLP Attorneys Brian Rawson and Jeff Martin Successfully Represent Client in Breach of Contract Trial

On November 15, 2017, Hartline Barger LLP partner Brian Rawson attorney Jeff Martin successfully represented a landlord in a breach of contract, conversion, and the Texas Theft Liability Act trial in Dallas County, Texas. Brian’s client, 2319 Walnut LLC, alleged that on August 25, 2015, Defendant Joe’s Pizza & Pasta entered into an enforceable contract with Plaintiff to lease a commercial property. 2319 Walnut LLC performed its duties under the lease, but Defendant materially breached the lease by failing to pay rent, vacating the property, and stealing a substantial amount of kitchen equipment owned by Landlord from the leased premises. Brian obtained a verdict in favor of the 2319 Walnut LLC and was awarded $153,123.15.

Hartline Barger LLP Partners Darrell Barger, Brian Rawson, and Stephanie Roark Obtain Complete Defense Jury Verdict in Dram Shop Trial

Hartline Barger partners Darrell Barger, Brian Rawson, and Stephanie Roark obtained a complete defense verdict on behalf of a publicly traded hospitality company in a Dram Shop and negligent undertaking trial before U.S. Magistrate Judge Andy Austin in the Western District of Texas, Austin Division. Mr. Barger is a partner in the firm’s Corpus Christi and Houston offices, and Mr. Rawson and Mrs. Roark are partners in the Dallas office.

Hartline Barger LLP Featured In DBA’s Headnotes for DVAP Support

The partners of Harltine Dacus Barger Dreyer strongly believe in the Dallas Volunteer Attorney Program and its mission of ensuring legal aid to those in the Dallas area who cannot otherwise afford it. Through the Dallas Bar Association‘s annual Equal Access to Justice Campaign, law firms across Dallas are given the opportunity to contribute to making this enormous mission a reality. Read the article on the front page of Headnotes below to see why we, like so many other area law firms, give.

Eight Hartline Barger Lawyers Selected for Inclusion in the 2018 Edition of The Best Lawyers in America©; Kyle Dreyer and Richard Crews named “Lawyer of the Year”

The Best Lawyers in America©, the oldest lawyer-rating publication in the U.S., has selected eight Hartline Barger LLP attorneys for inclusion in their 2018 edition. Founding partner Kyle H. Dreyer and partner Richard W. Crews were both named the Best Lawyers® 2018 Personal Injury Litigation “Lawyer of the Year” for Dallas and Corpus Christi, respectively. Only a single lawyer in each practice area and designated metropolitan area is honored as the “Lawyer of the Year,” making this accolade particularly significant.

 Hartline Barger congratulates its listed Best Lawyers in America:

Hartline Barger LLP Attorneys File Amicus Brief to U.S. Supreme Court

Attorneys Brad Robinson and Brandon Maxey, in the Dallas office of Hartline Barger LLP, submitted an amicus brief to the U.S. Supreme Court on behalf of a group law professors from across the country.

The case stems from a 9th Circuit decision that raises concerns regarding the application of federal vs. state privilege law in federal cases where the court’s personal jurisdiction is based solely on diversity of citizenship—as well as overarching issues of federalism. The issue on appeal is whether state privilege law governs a state law claim in federal court, where the court’s jurisdiction is based solely on diversity. Or, as the 9th Circuit held, would Rule 501 of the Federal Rules of Evidence regarding privilege govern?

In this breach of contract case, the application of state privilege law would have resulted in the exclusion of a key email from a pre-suit mediation—while the application of federal law, according to the 9th Circuit, would have allowed the email into evidence. The email was the crucial piece of evidence supporting a motion for summary judgment.  As such, the application of state vs. federal law was dispositive on the state law claim.

In the trial court, the defendant-petitioner argued that state law should apply because the district court’s jurisdiction on this state-law claim arose solely out of diversity. On appeal, the 9th Circuit reversed, holding that federal privilege law should have governed because the pre-suit mediation implicated potential federal claims—although no federal claims were present at the time of the trial court’s decision.

The law professors’ brief supports the petitioner’s position. In short, issues of federalism and the underlying policy of the Erie Doctrine support the application of state law in this context. As discussed in the law professors’ brief, Congress debated this very issue while designing Rule 501. Specifically, Congress designed the rule to avoid overriding states’ policy choices when state-law governs the claims and defenses in a case.

The case is Hannstar Display Corp. v. Sony Electronics, Inc., et. al., No. 16-1457. The petition has been distributed for the Court’s Conference of September 25, 2017.

Alan Carrillo, a summer associate at Hartline Barger, also contributed to the work performed on this brief.

Hartline Barger LLP Partner Melissa Dorman Matthews Elected to the Board of Directors of Trial Attorneys of America

Hartline Barger LLP partner Melissa Dorman Matthews was elected to the Board of Directors of Trial Attorneys of America (“TAA”) on June 8, 2017, at the TAA’s annual meeting in Chicago, Illinois.

Membership to the Trial Attorneys of America is by invitation only, and is limited to 200 distinguished trial attorneys who devote a substantial portion of their practice to the defense of product liability litigation and to corporate counsel who work primarily in that area. The TAA was founded in 1969 to maintain, enhance, and promote trial skills among its members. Melissa has been a member of the TAA since 2012.

Hartline Barger LLP Partners C. Vernon Hartline, Jr., Darrell Barger and Richard Crews Mentioned in Law360 Article on Fiat Chrysler Texas MDL Case

Law360 mentioned Hartline Barger partners C. Vernon Hartline, Jr., Darrell Barger and Richard Crews in an April 25, 2017 article (sub. req.) reporting a motion made by Fiat Chrysler requesting that consumer suits alleging vehicles were sold with so-called defeat devices that masked their emissions levels be consolidated in multidistrict litigation with suits brought by Texas counties alleging violations of the Texas Clean Air Act.

Partner Jeff Patterson Speaks at 2017 ABA/TIPS Emerging Issues In Motor Vehicle Product Liability Litigation

Hartline Barger managing partner Jeff Patterson was invited to speak at the 2017 ABA/TIPS Emerging Issues In Motor Vehicle Product Liability Litigation Conference in Phoenix on April 6th and 7th. In addition to giving the conference’s opening presentation on the current trial environment, Jeff Patterson gave his experienced insight on preparing a foreign corporate representative for deposition and trial.

Hartline Barger LLP Attorney Lindsay J. Forbes Honored by Texas Bar Foundation

DALLAS – Ms. Lindsay J. Forbes with Hartline Barger has been elected to membership in the Fellows of the Texas Bar Foundation. Fellows of the Foundation are selected for their outstanding professional achievements and their demonstrated commitment to the improvement of the justice system throughout the state of Texas. Election is a mark of distinction and recognition of Ms. Forbes’s contributions to the legal profession.

Selection as a Fellow of the Texas Bar Foundation is restricted to members of the State Bar of Texas. Each year one-third of one percent of State Bar members are invited to become Fellows. Once nominees are selected, they must be elected by the Texas Bar Foundation Board of Trustees. Membership has grown from an initial 255 Charter Members in 1965 to more than 9,500 Fellows throughout Texas today.

The Texas Bar Foundation is the largest charitably funded bar foundation in the country. Founded in 1965 by lawyers determined to assist the public and improve the profession of law, the Texas Bar Foundation has maintained its mission of using the financial contributions of its membership to build a strong justice system for all Texans. To date, the Texas Bar Foundation has distributed more than $17 million throughout Texas to assist nonprofit organizations with a wide range of justice-related programs and services. For more information, contact the Texas Bar Foundation at www.txbf.org

Six Hartline Barger Lawyers Selected for Inclusion in the 2017 Edition of The Best Lawyers in America©; Vernon Hartline Named Dallas “Lawyer of the Year”

Hartline Barger LLP partners Darrell Barger, Richard Crews, Michael Terry, Kyle Dreyer, Jeff Patterson and C. Vernon Hartline, Jr. were selected for inclusion in the 2017 edition of The Best Lawyers in America. Vernon Hartline Jr. was honored as Best Lawyers’ Dallas area “Lawyer of the Year” for his work in product liability defense litigation.

Hartline Barger LLP successfully defends trucking company in wrongful termination case.

Fort Worth, Texas, August 21, 2014 – Hartline Barger LLP attorneys Edward A. Davis and Jim McInerny successfully defended a major trucking company in an employment case claiming the employer retaliated against the employee for filing a comp claim. The Plaintiff was injured in November of 2011 while working on the job, and although she was still physically unable to work a month later, she was terminated after repeatedly failing to update her employer on her status. The Plaintiff argued that she had indeed reported to the company and claimed she had cell phone records of approximately 30 phone calls to her employer within the month.