Author: Lauren Collazo

Hartline Barger Granted Dismissal With Prejudice in Dallas County

Dallas, TX, August 31, 2023 — Hartline Barger LLP attorneys Brian RawsonRoy McKay, and Brandon Thomas recently filed a motion to dismiss Plaintiff’s claims with prejudice, and it was granted by a Dallas County judge today.

This lawsuit arose out of an accident that occurred at a Texas gun range. Plaintiff arrived at the gun range and was assigned to a lane. Plaintiff proceeded to her lane where she began to shoot her firearm. According to Plaintiff, while she was in her lane shooting her firearm, she was struck by a ricocheting bullet. Plaintiff filed suit against the gun range.

Because Plaintiff filed suit against a defendant gun range, her claims were governed by Chapter 128 of the Texas Civil Practice and Remedies Code. Pursuant to Chapter 128 of the Texas Civil Practice and Remedies Code, Plaintiff was required to serve an expert report for each defendant against whom a claim is asserted not later than 90 days after filing her original petition. Plaintiff failed to serve an expert report as required and therefore, Defendant filed a motion to dismiss Plaintiff’s claims with prejudice. A Dallas County judge agreed with Defendant and ultimately dismissed Plaintiff’s claims against Defendant with prejudice.

CAUSE/CASE NO: DC-23-05266

Judge: Martin Hoffman

Hartline Barger Obtains Complete Defense Verdict for Major National Retailer

Dallas, TX, August 28, 2023 — Earlier this year, Hartline Barger attorneys Darrell Barger, Pryce Tucker, Anna Dodds, and paralegal Michael Barrera obtained a defense verdict after a two-week trial in San Antonio, Texas. The case involved a shooting that occurred in the parking lot of a major national retailer in which one person was killed and another injured. Plaintiffs argued the retailer should have foreseen future criminal activity on the premises and failed to provide adequate security to protect against future matters. After two weeks of testimony, the jury found that the retailer was not negligent and entered a complete defense verdict. The jury agreed that the incident was not foreseeable, and the retailer did not fail to exercise ordinary care in providing security services on the premises.

Hartline Barger Partner Scott Edwards Named 2024 Best Lawyers® “Lawyer of the Year” in the Dallas/Fort Worth Area

Dallas, TX, August 17, 2023 — Hartline Barger LLP Partner Scott G. Edwards was recently recognized by Best Lawyers as the 2024 “Lawyer of the Year” for Product Liability Litigation – Defendants.

Only a single lawyer in each practice area and designated metropolitan area is honored as the “Lawyer of the Year,” making this a significant and coveted accolade. These lawyers are selected based on particularly impressive voting averages received during the peer review assessments.

Receiving this designation reflects the high level of respect a lawyer has earned among other leading lawyers in the same communities and the same practice areas for their abilities, their professionalism, and their integrity.

In addition to the “Lawyer of the Year” award, Scott G. Edwards was also listed in the 2024 edition of The Best Lawyers in America.® 

Hartline Barger congratulates Scott Edwards for these significant accomplishments.

12 Hartline Barger Attorneys Recognized as Best Lawyers® Recipients and Three Attorneys Named to Best Lawyers: Ones to Watch®

Dallas, TX, August 17, 2023 — Hartline Barger LLP is pleased to announce that 12 lawyers have been included in the 2024 edition of The Best Lawyers in America®. Since it was first published in 1983, Best Lawyers has become universally regarded as the definitive guide to legal excellence.

Best Lawyers has earned the respect of the profession, the media, and the public as the most reliable, unbiased source of legal referrals.

Lawyers on The Best Lawyers in America list are divided by geographic region and practice areas. They are reviewed by their peers based on professional expertise and undergo an authentication process to make sure they are in current practice and in good standing.

Hartline Barger LLP would like to congratulate the following lawyers named to 2024 The Best Lawyers in America list:

  • Darrell L. Barger – Commercial Litigation, Litigation – Insurance, Litigation – Trusts and Estates, Personal Injury Litigation – Defendants, and Product Liability Litigation – Defendants
  • Peter C. Blomquist – Commercial Litigation
  • Richard W. Crews – Personal Injury Litigation – Defendants
  • Donald A. DeCandia – Commercial Litigation and Personal Injury Litigation – Defendants
  • Scott G. Edwards – Personal Injury Litigation – Defendants and Product Liability Litigation – Defendants
  • David H. Estes – Commercial Litigation and Personal Injury Litigation – Defendants
  • Larry D. Grayson – Personal Injury Litigation – Defendants and Product Liability Litigation – Defendants
  • David Green – Personal Injury Litigation – Defendants
  • Brian Rawson – Personal Injury Litigation – Defendants
  • Marshall G. Rosenberg – Litigation – Construction, Personal Injury Litigation – Defendants, and Professional Malpractice Law – Defendants
  • Michael G. Terry – Personal Injury Litigation – Defendants
  • Pryce Tucker – Personal Injury Litigation – Defendants

Best Lawyers: Ones to Watch in America recognizes associates and other lawyers who are earlier in their careers for their outstanding professional excellence in private practice in the United States.

Hartline Barger LLP would like to congratulate the following lawyers recognized in the 2024 edition of Best Lawyers: Ones to Watch in America:

  • Dale Fresch – Commercial Litigation
  • Reid Hudgins – Litigation – Construction, Personal Injury Litigation – Defendants, and Product Liability Litigation – Defendants
  • Colin Powell – Commercial Litigation

Hartline Barger Prevails on an Appeal Before the Eleventh Court of Appeals

Dallas, TX, August 1, 2023 — Earlier this year, Hartline Barger LLP attorneys Brian Rawson, Roy McKay, Holly Naehritz, Dale Fresch, and Alex McLean prevailed on an appeal before the Eleventh Court of Appeals.  A third-party security guard working at a restaurant got into an altercation with a customer in the restaurant’s parking lot and shot the customer in the back.  The restaurant had a contract with a separate company to provide security services, and the security guard was an employee of that security company.  The customer sued the security guard, the security company, and a parent company above the company that operated the restaurant. Hartline Barger LLP filed a motion for summary judgment on behalf of the parent company, arguing that it was not a proper party to the case because it did not operate the subject restaurant.  The trial court granted the parent company’s motion for summary judgment and dismissed the claims against it with prejudice, and the court of appeals affirmed.

Hartline Barger Scores Trial Victory in Tire Disablement Case

Dallas, TX, June 26, 2023 — Hartline Barger LLP’s New Mexico team (attorney Don DeCandia, paralegal Maria Padilla and secretary Carla Bond) together with counsel from Yoka Smith, LLP, recently secured a defense judgment for tire manufacturer Continental Tire the Americas, LLC (CTA) following a two-week bench trial in New Mexico Federal Court. The claim involved a tire disablement followed by a rollover accident in which one person died and three were injured. The plaintiffs, represented by Randi McGinn of McGinn, Montoya, Love & Curry, alleged that the tire was defectively manufactured and/or designed.  The Honorable Kea Riggs, however, rejected all of the Plaintiffs’ claims and entered a defense judgment in favor of CTA.  Judge Riggs found that the tire was not defective, that CTA was not negligent, and that actions/omissions by the driver and the company that owned the work truck caused and/or contributed to the crash.

Hartline Barger Successfully Obtains Summary Judgment

Dallas, Texas – Hartline Barger LLP In February of 2023, Brian Rawson, Tyler Stuart, and Kristina Everhart successfully obtained a summary judgment victory in Harris County, Texas that dismissed all claims against one of their restaurant clients.  The lawsuit arose from an assault on a patron by three unknown individuals in a restaurant bathroom.  The plaintiff claimed as a result of the assault, he suffered from a traumatic brain injury, right orbital fracture, nasal bone fracture, post-traumatic headaches, sleep disorder, and post-concussion syndrome.  The plaintiff alleged that the restaurant was negligent for failing to provide adequate security and sought damages of over $1,000,000.  State District Judge Kyle Carter granted summary judgment and dismissed all claims with prejudice against the restaurant.

Hartline Barger Prevails on Motion for Summary Judgment

Fort Worth, TX, June 21, 2023 Hartline Barger LLP attorneys Brian Rawson, Roy McKay, Holly Naehritz, and Stephen Elkind prevailed on a Motion for Summary Judgment before the United States District Court for the Northern District of Texas, Fort Worth Division.  A privacy and security officer for a state’s employee insurance agency called a hospital in Texas in an effort to locate and speak with the Plaintiff doctor regarding an investigation the officer was conducting.  As a result of this contact with Plaintiff’s employer, Plaintiff alleged she was forced to resign her employment and forego the remainder of her contract with the hospital.  Plaintiff filed suit against the privacy and security officer, the state’s employee insurance agency, and the state’s department of administration, asserting claims of defamation and tortious interference with a contract.  Hartline Barger LLP filed a Motion for Summary Judgment on behalf of the privacy and security officer, arguing that (1) the statute of limitations barred Plaintiff’s claims, (2) the claims against the privacy and security officer in his official capacity were barred by sovereign immunity under the 11th Amendment to the United States Constitution, (3) the claims against the privacy and security officer in his individual capacity were barred by official immunity under Texas law, and (4) the privacy and security officer’s communications were absolutely privileged because they were made in anticipation of judicial or quasi-judicial proceedings.  The district court agreed and granted the privacy and security officer’s motion for summary judgment, dismissing all claims against him with prejudice.

Hartline Barger Achieves Mansfield Certification

Dallas, TX, May 23, 2023Hartline Barger LLP is proud to announce that we have achieved Mansfield Certification! The Mansfield Certification, facilitated by Diversity Lab, recognizes the structural changes and actions we have taken over 18-months to diversify leadership in our firm by broadening the slate of talent considered for internal leadership roles and increasing transparency with written and accessible advancement processes and role descriptions.

Why This Matters

The goal of Mansfield is to increase and sustain diversity in law firm leadership through a science-driven method that embeds accountability, transparency, and knowledge sharing into our talent practices. We know that with diverse leadership comes more inclusive and equitable decisions that reflect the needs of our diverse workforce for the benefit of our talent and clients.

What We Do in Practice

What does this mean in practice at our firm? Whenever our leaders make a decision about who to appoint or elect to leadership roles such as Management Committee or Partner Nominating Committee, we proactively consider a broad slate of talent including lawyers who are historically underrepresented in law. The same inclusive decision-making takes place when we build client pitch teams and nominate lawyers for Chambers awards. And, as part of Mansfield, we also work hard to ensure that our processes for advancement and the job expectations/qualifications for leaders at the firm are transparent. The Mansfield framework helps us ensure that we approach succession planning for the next generation of leaders in an inclusive, structured, and intentional manner consistently across offices and practice groups.

Proof That It’s Working

As illustrated in this recent American Lawyer article, an extensive analysis by two data science professors shows Mansfield is succeeding at its intended purpose to diversify leadership at firms that stay committed long-term. We, too, have seen and experienced positive progress at our firm.

Hartline Barger is pleased to have reached this significant milestone and we will continue to build teams that reflect the diversity of our clients and communities while providing innovative counsel and exceptional service.

Hartline Barger LLP Secured a Victory in a Two-Week Wrongful Death Trial and Co-Defendant Ordered to Pay $860 Million

Dallas, TX, April 26, 2023Hartline Barger LLP secured a trial victory in Dallas County after attorneys Darrell Barger and Anna Dodds successfully defended their client—Bigge Crane and Rigging Co.—in a two-week wrongful death trial.  The case arose from a June 2019 incident when severe weather in Dallas caused a crane to collapse on an apartment building, resulting in one death and injuries to several others.  During the trial, Barger and Dodds established that the crane operator provided by Bigge was working as a borrowed employee of the co-defendant Greystar Development and Construction LLC, and the accident was not caused by anything their client did.  Greystar denied that the crane operator was its borrowed employee and contended that it was not responsible at all for the incident that occurred on its worksite.  Plaintiffs argued that the crane operator was negligent for failing to weathervane the crane before the storm, which would have allowed it to swing with the wind.  Instead, the greater than 70 mph winds caused the crane to collapse and kill their 29-year-old daughter.  After two weeks of testimony, the jury ultimately agreed with Bigge and cleared it of any wrongdoing.  Co-defendant Greystar was found 100% responsible and was ordered to pay $860 million.

Hartline Barger Successfully Obtains Summary Judgment in Harris County

Harris County, TX, April 17, 2023 In April of 2023, Brian RawsonTyler Stuart, and Kristina Everhart successfully obtained a summary judgment victory in Harris County, Texas that dismissed all claims against a parent corporation of one of their nightclub clients.  The lawsuit arose from a motor vehicle accident that resulted in injuries to the plaintiffs.  The plaintiffs alleged that the parent corporation was liable under the Texas Dram Shop Act because it controlled the nightclub which allegedly overserved the third-party driver when he was obviously intoxicated and a clear danger to himself and others which resulted in the accident.  The parent corporation filed a summary judgment motion asserting that the corporation had no connection to the nightclub.  State District Judge Michael Gomez granted summary judgment and dismissed all claims with prejudice.

Hartline Barger Successfully Obtains Dismissal after Filing Summary Judgment Motion

Harris County, TX, April 13, 2023 In April of 2023, Brian RawsonRoy McKay, and Kristina Everhart successfully had all claims dismissed against a nightclub client after filing a summary judgment motion.  The Harris County wrongful death lawsuit arose from a multi-vehicle accident in which two passengers of a vehicle passed away after being hit by a third-party driver.  The decedents’ family alleged that the nightclub was liable under the Texas Dram Shop Act for overserving the third-party driver when he was obviously intoxicated and a clear danger to himself and others which resulted in the accident.  The nightclub filed a summary judgment asserting that the third-party driver was not present at the nightclub.  State District Judge Donna Roth continued the summary judgment to allow the plaintiffs an opportunity to depose the nightclub’s corporate representative.  After deposing the corporate representative, the plaintiffs dismissed their claims.

Twelve Hartline Barger Attorneys Selected for Inclusion in the 2023 Texas Rising Stars® list.

Dallas, TX, March 24, 2023 — Twelve attorneys at Hartline Barger LLP have earned recognition from their peers by being selected for inclusion in the 2023 Texas Rising Stars® list. Each year, no more than 2.5 percent of the lawyers in the state are selected by the research team at Super Lawyers to receive this honor. These annual selections are based on a rigorous, multiphase process, including peer nominations and review, and independent research. 
Hartline Barger congratulates its attorneys listed in Texas Rising Stars 2023:

Hartline Barger LLP Promotes Jane Haas, Reid Hudgins, Colin Powell, and Drew Thomas to Partnership

Hartline Barger LLP is pleased to announce that Houston attorney Jane Haas and Dallas attorneys, Reid Hudgins, Colin Powell, and Drew Thomas have been promoted to Partners in the firm.

Jane Haas focuses her practice on construction, manufacturing, distribution, products, personal injury, property management & ownership, insurance & insurance agencies, and oil & gas. With her extensive litigation experience, Jane has tried several cases to verdict as a first-chair counsel.

Reid Hudgins focuses his practice on product liability litigation, personal injury defense, construction defect defense, trucking/transportation, and multidistrict litigation. Through experience and success, Reid has expanded his practice to states throughout the country, representing clients in both the state and federal court.

Colin Powell Colin focuses his practice on product liability, personal injury, and commercial litigation and has represented product manufacturers in state and federal court and in multidistrict litigation across the country. He has tried cases to jury verdict as both a first- and second-chair trial lawyer.

Drew Thomas focuses his practice on appellate law, class action & multidistrict litigation, dealer/franchise litigation, warranty & deceptive trade practice, consumer & commercial collection matters, and product liability. Drew practices regularly in venues throughout the state of Texas, in federal court, and multiple states nationwide.

We look forward to their continued success and leadership.

Hartline Barger Successfully Obtains Summary Judgment Victory

Harris County, TX, February 10, 2023 In February of 2023, Brian RawsonTyler Stuart, and Kristina Everhart successfully obtained a summary judgment victory in Harris County, Texas that dismissed all claims against one of their restaurant clients.  The lawsuit arose from an assault on a patron by three unknown individuals in a restaurant bathroom.  The plaintiff claimed as a result of the assault, he suffered from a traumatic brain injury, right orbital fracture, nasal bone fracture, post-traumatic headaches, sleep disorder, and post-concussion syndrome.  The plaintiff alleged that the restaurant was negligent for failing to provide adequate security and sought damages of over $1,000,000.  State District Judge Kyle Carter granted summary judgment and dismissed all claims with prejudice against the restaurant.

Hartline Barger Obtains Dismissal in Wrongful Death Claim

Harris County, TX, February 06, 2023 In February of 2023, Brian RawsonRoy McKay, and Kristina Everhart successfully had all claims dismissed against a restaurant client.  The Harris County wrongful death lawsuit arose from a multi-vehicle accident in which a passenger of a vehicle passed away.  The decedent’s family alleged that the restaurant was liable under the Texas Dram Shop Act for overserving a third-party driver when he was obviously intoxicated and a clear danger to himself and others which resulted in the accident.  After conducting written discovery, there was no evidence that the driver was served at the restaurant and the plaintiffs dismissed their claims.

Hartline Barger Obtains Dismissal for Rideshare Company and its Parent Entity

Tarrant County, TX, February 02, 2023 — Hartline Barger successfully obtained a dismissal for their client. In this case, Plaintiff Lura Puryear was a passenger in a vehicle driven by a man working as an independent contractor for a rideshare company.  The vehicle was involved in an accident, and Plaintiff sued the driver, the rideshare company, its parent entity, and another driver involved in the accident.  The rideshare company and its parent moved for traditional and no-evidence summary judgment, arguing, among other things, no negligence by either entity and no control by either entity over the driver.  Rather than address the motions, Plaintiff voluntarily dismissed her claims against the two companies.  Representing the companies were Brian Rawson, Roy McKay, and Stephen Elkind.

Hartline Barger Secures Dismissal in Wrongful Death Claim

Bexar County, TX, January 13, 2023 In January of 2023, Brian RawsonTyler Stuart, and Kristina Everhart successfully had all claims dismissed against a nightclub client after filing a summary judgment motion.  The Bexar County wrongful death lawsuit arose from a shooting incident on the freeway between an ex-boyfriend of an entertainer and a third-party security guard who was driving the entertainer home.  The decedent’s family claimed that the security guard was negligently hired by the nightclub and was acting under the course and scope of his employment when the shooting occurred.  The nightclub filed a summary judgment asserting there was no connection between the shooting incident and the hiring of the security guard because it occurred after-hours and off-premises.  Rather than respond to the summary judgment motion, the plaintiffs dismissed their claims.

Hartline Barger Secures a Successful Bench Trial in Harris County

Dallas, TX, December 16, 2022Hartline Barger LLP Partner Sarah Jones and Of Counsel Jim McInerny had a successful bench trial before Judge Donna Roth in the 295th District Court in Harris County.  The case was brought by a group of property owners against the homeowner’s association for their subdivision.  Prior to trial, the Court dismissed some of the Plaintiffs’ claims on summary judgment.  Sarah and Jim also secured a pretrial dismissal of the Plaintiffs’ claims for attorney’s fees and economic damages based upon improper disclosure and other discovery deficiencies.  Sarah and Jim were successful in having the Court deny the Plaintiffs’ request for declaratory judgment on two of the four remaining issues.  A special thanks to those who helped along the way, including associate attorney Anna Dodds and staff members Shelly Scarbrough, Julian Rodriguez, Veronika Schiebler, and Belinda Johnson.

Hartline Barger Associate Selected for DRI Young Lawyer Publication Subcommittee

Dallas, TX, December 12, 2022Hartline Barger LLP is pleased to announce that Brianna Weis has been selected to be a part of the 2022-2023 staff for the DRI Young Lawyer Publication Subcommittee. DRI is an international civil defense organization with four publications that offer insight into pressing litigation matters, professional development, and career advancement guidance. As part of the Publication Subcommittee, Brianna will primarily be helping write and edit The Brief Case—which is the publication for all DRI committee news. If you have an article you would like published, you can reach out to Brianna to find out more.

 

Hartline Barger Wins Summary Judgment for BYOB Establishment

Dallas, TX, November 28, 2022 — Hartline Barger today announced a victory after attorneys Brian Rawson, Tyler Stuart, and Jacob Damrill were successful in obtaining a full dismissal for their client in a case involving an alleged assault in Dallas, Texas.

Plaintiff, Austin Peterson, alleged that he was tased and tackled by security guards at XTC Cabaret in Dallas, Texas on February 29, 2020.  Plaintiff alleged that he sustained serious injuries as a result of the incident.  He sued XTC Cabaret as well as its’ third-party security company for negligence, negligent hiring, training, supervision, and retention, as well as gross negligence.

Prior to the incident, Peterson had been a patron at XTC Cabaret, which is a BYOB club.  After closing, Plaintiff was loitering outside and using racial slurs to other patrons.  When asked to leave the premises, Plaintiff became hostile and was tased and detained until Dallas Police could arrive.  Plaintiff was ultimately cited and convicted for public intoxication in connection with the incident.

Hartline Barger filed a motion for summary judgment arguing that (1) Plaintiffs claims were barred under Chapter 86 of the Texas Civil Practice and Remedies Code due to Plaintiff’s public intoxication conviction; (2) that XTC Cabaret was not responsible for the conduct of its’ independent contractor/ third-party security company; (3) XTC Cabaret had no duty to hire, train, or supervise the security guards involved in the incident; (4) that Plaintiff’s gross negligence claim was barred by Chapter 41 of the Texas Civil Practice and Remedies Code because it was predicated on the criminal conduct of someone other than XTC Cabaret; and (5) that Plaintiff had no evidence to support his claims.  On November 28, 2022, Judge Marciela Moore, formerly of the 162nd Judicial District Court, agreed with Hartline Barger and granted XTC Cabaret’s, finding that Plaintiff had not provided sufficient evidence to support his claims. In doing so, the Court dismissed all claims against XTC Cabaret as well as all other Defendants in the case.

 

CAUSE/CASE NO: DC-21-10253

Judge: Marciela Moore

Hartline Barger Secures Dismissal in Premises Liability Claim

Harris County, TX, November 23, 2022 — In November 2022, Brian RawsonTyler Stuart, and Kristina Everhart successfully had all claims dismissed against one of their restaurant clients after filing a summary judgment motion.  The Harris County premises liability lawsuit arose from a slip and fall incident in which the plaintiff alleged that the restaurant failed to warn or make safe liquid on the floor.  The plaintiff claimed as a result of the accident, she suffered from soft tissue hand, knee, and spinal injuries.  The restaurant filed a summary judgment motion asserting there was no evidence that the restaurant knew or should have known of the liquid on the floor.  Rather than respond to the summary judgment motion, the plaintiff dismissed her claims.

Hartline Barger Secures Dismissal for Restaurant Client

Harris County, TX, October 11, 2022 — In October 2022, Brian RawsonTyler Stuart, and Kristina Everhart successfully had all claims dismissed against one of their restaurant clients after filing a no-evidence dispositive motion.  The Harris County lawsuit arose from a motor vehicle accident in which a driver hit the plaintiff who was parked on the shoulder of the roadway.  The plaintiff alleged that the restaurant was liable under the Texas Dram Shop Act for overserving the driver when he was obviously intoxicated and a clear danger to himself and others.  The plaintiff claimed as a result of the accident, he suffered from leg, hip, and spinal injuries.  The restaurant filed a summary judgment motion asserting the plaintiff’s claims were barred by the Safe Harbor Act because all employees were certified by the Texas Alcoholic Beverage Commission, and there was no evidence that the driver was obviously intoxicated when he was served by the restaurant.  Rather than respond to the summary judgment motion, the plaintiff dismissed her claims.

Hartline Barger Team Successfully Strikes Plaintiff’s Experts in Construction Defect Case

Dallas, TX, September 09, 2022Hartline Barger LLP is pleased to congratulate attorneys Tom Jacks, Katrina Colwell Arp, Trevor Brown, and David Henderson for successfully striking Plaintiff’s experts in a construction defect case, resulting in an overwhelmingly favorable settlement for the firm’s client.  Plaintiff sought multiple seven-figures in damages.  Plaintiff’s liability expert opined that the only remedy for the alleged construction defects was complete removal/disposal of all materials and products installed and a complete rebuild.  Plaintiff’s damages expert opined as to the cost for demolition and rebuilding, leading to the multi-seven figure damages demand.  The Hartline Barger team successfully struck the liability expert and all of his opinions entirely as well as the damages expert’s opinions on repair costs.

12 Hartline Barger Attorneys named to The Best Lawyers in America® 2023

Dallas, TX, August 19, 2022Hartline Barger LLP is pleased to announce that 12 lawyers have been recognized in the 2023 edition of The Best Lawyers in America®. Since it was first published in 1983, Best Lawyers has become universally regarded as the definitive guide to legal excellence.

Lawyers on The Best Lawyers in America list are divided by geographic region and practice areas. They are reviewed by their peers based on professional expertise, and undergo an authentication process to make sure they are in current practice and in good standing.

Hartline Barger LLP would like to congratulate the following lawyers named to the 2023 The Best Lawyers in America list:

  • Darrell L. Barger – Commercial Litigation, Commercial Litigation, Litigation – Insurance, Litigation – Trusts and Estates, Personal Injury Litigation – Defendants, and Product Liability Litigation – Defendants
  • Peter C. Blomquist – Commercial Litigation
  • Richard W. Crews – Personal Injury Litigation – Defendants
  • Donald A. DeCandia – Commercial Litigation and Personal Injury Litigation – Defendants
  • Scott G. Edwards – Personal Injury Litigation – Defendants and Product Liability Litigation – Defendants
  • David H. Estes – Personal Injury Litigation – Defendants
  • Larry D. Grayson  – Personal Injury Litigation – Defendants
  • Thomas G. Jacks – Litigation – Construction
  • Jeffrey S. Patterson – Litigation – Intellectual Property, Personal Injury Litigation – Defendants, and Product Liability Litigation – Defendants
  • Marshall G. Rosenberg – Litigation – Construction and Professional Malpractice Law – Defendants
  • J. Reid Simpson – Personal Injury Litigation – Defendants
  • Michael G. Terry – Personal Injury Litigation – Defendants and Personal Injury Litigation – Plaintiffs

Hartline Barger Partners Jeff Patterson and Peter Blomquist have been Admitted into the American Board of Trial Advocates

Dallas, Texas, August 11, 2022 – Hartline Barger LLP  is pleased to announce that Jeff Patterson and Peter Blomquist have been admitted into the American Board of Trial Advocates (ABOTA). ABOTA is a nationwide organization of experienced trial lawyers and judges who are dedicated to the preservation and promotion of the civil jury trial right provided by the Seventh Amendment to the U.S. Constitution.

Patterson and Blomquist join the long line of Hartline Barger attorneys who have been granted this admittance, including Darrell Barger, Richard Crews, Larry Grayson, David Merkley, Marshall Rosenberg, and William Sherwood.

ABOTA membership consists of more than 7,300 lawyersequally balanced between plaintiff and defenseand judges that are spread among 96 chapters in all 50 states and the District of Columbia.

ABOTA is an invitation-only organization. Members must have at least five years of active experience as trial lawyers, must have at least 10 civil jury trials to verdict, must possess additional litigation experience, and must be approved by a ¾ vote of the national board of directors of ABOTA, upon recommendation of the local chapter. Prospective members provide ABOTA with a list of every case they have ever tried, including the name and contact information of opposing counsel. ABOTA then contacts each of those counsel to vet the prospective member by inquiring about their commitment to civility, integrity, and professionalism.

Congratulations to Jeff Patterson and Peter Blomquist for receiving this remarkable distinction!

Hartline Barger Navistar Team Wins Summary Judgment

Dallas, Texas, July 12, 2022 – Hartline Barger LLP The wins just keep coming for the Hartline Barger Navistar team! The United States District Court for the Northern District of Iowa granted summary judgment in favor of Navistar and an authorized dealer. This lawsuit was a part of pattern litigation related to Navistar’s MaxxForce engine. In Adrian Trucking, the Plaintiff purchased 11 heavy-duty commercial trucks with MaxxForce engines and later sued alleging various fraud and warranty theories. In a well-reasoned and thorough 30-page opinion, the Court considered the evidence before it, found Navistar and its authorized dealer were not liable, and dismissed all claims against them with prejudice. Congratulations to Jeff Patterson, Clayton Callen, Al Silva, and Brian Sawyer on obtaining this fantastic result for our clients.

Hartline Barger Obtains Full Dismissal on Summary Judgment

Dallas, Texas, June 29, 2022 – Hartline Barger LLP announced another victory for the Hartline Barger Navistar team in Nashville, Tennessee! The lawsuit was part of pattern litigation related to Navistar’s MaxxForce engine. In First Express, Plaintiff purchased 40 trucks with the MaxxForce engine alleging various fraud and warranty claims arising out of the purchase and operation. After careful consideration of the facts and the law of Tennessee, the Court threw out the case entirely. Congratulations to Jeff Patterson, Clayton Callen, Luke Spencer, and Jake Ramsey on obtaining full dismissal on summary judgment!

 

Hartline Barger Attorney Jim McInerny Secures a Victory for a Workers’ Compensation Carrier

Dallas, Texas, June 17, 2022 – Hartline Barger LLP Jim McInerny secured a victory for a workers’ compensation carrier by successfully defending against a claim for death benefits, alleging that a worker died after he was exposed to COVID-19 at work.  At an administrative hearing, Jim argued there was no evidence work was the only place the worker could have been exposed to COVID-19, and that the claim for benefits was not filed within the one-year limitations period under the Texas Workers’ Compensation Act.  The administrative judge agreed, and found in favor of the insurance carrier.  Both the carrier and the insured are pleased with the outcome.

 

Hartline Barger Partner Jeff Patterson Obtains Unanimous Defense Verdict

Dallas, Texas, May 09, 2022 – Hartline Barger LLP Jeff Patterson obtains unanimous defense verdict. Patterson’s client, Navistar, won a defense verdict from a Dallas County jury on May 2, 2022 after a six-day trial in Judge Maricela Moore’s court. Plaintiff was driving a 26-foot moving van made by Navistar when he drifted off a New Mexico highway, overcorrected, and turned the truck onto its side. Mr. Forge injured his left arm—resulting in an amputation—when it came in contact with the highway. Plaintiff claimed the truck was not crashworthy, failed to keep Plaintiff inside the truck, and failed to provide adequate ejection mitigation features, including laminated glass in the side window. Navistar argued there was no defect in the truck, and that Forge’s employer, Raphael Djine, failed to train him in safe driving, failed to comply with the federal regulations for on-duty time for drivers, and created an itinerary for his route that did not provide for ten hours of rest per day.

Congratulations to Jeff Patterson, Jake Ramsey, Katrina Colwell-Arp and Judy Vice for another successful defense of Navistar.

Hartline Barger LLP Announces Opening of its New Office in Lubbock, Texas

Dallas, Texas, March 28, 2022 – Hartline Barger LLP announces opening of its new office in Lubbock, Texas. With four Texas locations and two in New Mexico, the firm’s new Lubbock office bridges the neighboring states and provides additional support to clients in West Texas and the Panhandle.

“Our Lubbock office is an important step in continuing the firm’s dedication to serving its client’s needs in West Texas, including Lubbock, Amarillo, Midland, Odessa, San Angelo, and El Paso,” said Managing Partner Richard Crews. He added, “Our firm is not in the business of expanding just to become bigger, it’s about the maintaining the quality of our work. Having a physical presence in Lubbock allows us to be more available and more responsive to our West Texas clients.”

Hartline Barger attorney and Texas Tech alum, Brennon D. Gamblin, is the lead attorney for the firm’s new Lubbock location. He is licensed in Texas and in New Mexico. Gamblin has significant arbitration, trial, and appellate experience representing individuals, corporations, and insurance carriers, in a variety of civil litigation matters. His practice covers product liability, business and commercial, construction, personal injury, employment, and professional liability cases in both state and federal courts. Gamblin is also a trained mediator in the State of Texas and has successfully mediated a number of civil matters to resolution.

 

Ten Hartline Barger attorneys selected for inclusion in the 2022 Texas Rising Stars® list.

Ten attorneys at Hartline Barger LLP have earned recognition from their peers by being selected for inclusion in the 2022 Texas Rising Stars® list. Each year, no more than 2.5 percent of the lawyers in the state are selected by the research team at Super Lawyers to receive this honor. These annual selections are based on a rigorous, multiphase process, including peer nominations and review, and independent research. 

Darrell Barger Named the Recipient of the 2022 Ronald D. Secrest Outstanding Trial Lawyer Award from the Texas Bar Foundation

Darrell Barger has been named the recipient of the 2022 Ronald D. Secrest Outstanding Trial Lawyer Award from the Texas Bar Foundation. This distinguished award recognizes only one active trial lawyer each year who, in his or her practice, has demonstrated high ethical and moral standards and has demonstrated exceptional professional conduct, thus enhancing the image of the trial lawyer. Established in June 2002, this award celebrates Ronald Secrest’s life as an outstanding trial lawyer who devoted himself to the highest standards of the trial practice.

TXBF Secrest Outstanding Trial Lawyer Award Press Release

Hartline Barger Prevails on Appeal before the Seventh Court of Appeals

Amarillo, TX, March 11, 2022 Hartline Barger LLP attorneys Brian Rawson, Roy McKay, and Holly Naehritz prevailed on an appeal before the Seventh Court of Appeals in Amarillo, Texas.  The father of a disabled adult filed suit against the operator of a group home where his son was living after his son fell in the restroom and sustained injuries.  The father filed a lawsuit against the operator of the group home, alleging health care liability claims.  Hartline Barger LLP filed a motion to dismiss on behalf of the operator of the group home, alleging that Plaintiff failed to provide expert reports that complied with the requirements of Chapter 74 of the Texas Civil Practice and Remedies Code.  The trial court denied the motion to dismiss, and the operator of the group home appealed.  On appeal, the Seventh Court of Appeals found that the Plaintiff’s expert reports did not meet the requirements of Chapter 74.  Accordingly, the Court of Appeals reversed the trial court’s order and remanded the case to the trial court for the limited purpose of determining what amount of attorney’s fees should be awarded to the operator of the group home and for entry of a final order dismissing Plaintiff’s claims with prejudice.

Hartline Barger Attorney Andrew L. Petersen Obtains Texas Supreme Court Appellate Victory

February 9, 2022 – Andrew L. Petersen and Hartline Barger Appellate Team obtained a recent appellate victory when the Texas Supreme Court denied Plaintiff’s petition for review of an award of death penalty sanctions based on Plaintiffs’ bad faith Non-Suit during a Summary Judgment hearing.

In the case of Cox v. Vanderburg, 06-20-00078-CV, 2021 WL 4055487 (Tex. App—Texarkana Sept. 7, 2021, pet. denied), Plaintiffs were passengers in a vehicle driven by an independent contractor for Cedar Creek and claimed they were injured when the contractor drove through a red light while part of a police escorted caravan and impacted another vehicle traveling through the intersection with a green light. After almost two years of litigation, Plaintiffs non-suited Cedar Creek right before the depositions of the co-defendant’s corporate representative and the Defendants’ jointly designated Biomechanic expert.  Plaintiffs filed their 10th and 11th amended petitions adding Cedar Creek back to the suit after the depositions and the deadline for dispositive motions had passed. Cedar Creek filed motions for summary judgment which were joined by its co-defendant.  During the hearing on the motions for summary judgment, after the Court had granted many of Cedar Creek’s objections to Plaintiffs’ evidence, the Court announced it was likely going to also strike Plaintiffs’ 10th and 11th amended petitions.  Plaintiffs’ counsel stood up during Cedar Creek’s argument and non-suited the case without prejudice. Cedar Creek and Co-defendant Premier filed a motion for death-penalty sanctions asking the Court to convert the non-suit to being with prejudice based on opposing counsel’s bad faith actions in addition to requesting lesser sanctions. The Trial Court granted the motion, awarded death penalty sanctions converting the non-suit to with prejudice and ruled Defendants were prevailing parties.  The Sixth Court of Appeals in Texarkana upheld the Trial Court’s decision finding the non-suit was filed for an improper purpose under Chapter 10 and held that the Texas Supreme Court’s holding in Epps v. Fowler, 351 S.W.3d 862 (Tex. 2011), regarding the determination of prevailing parties extends to matters decided under Chapter 10 where a non-suit is taken to avoid an unfavorable ruling.  As a result the Sixth Court of Appeals upheld the Trial Court’s determination that Defendants were prevailing parties.  Plaintiffs filed a motion for rehearing en banc which was denied and their petition for review to the Texas Supreme Court was also denied.

Cox v Vanderburg

 

Hartline Barger Prevails on Appeal before the Ninth Court of Appeals

Beaumont, TX, January 13, 2022 Hartline Barger LLP attorneys Brian Rawson, Roy McKay, and Holly Naehritz prevailed on an appeal before the Ninth Court of Appeals in Beaumont, Texas.  Owners of pipelines on certain property sued the property owner for damage to the pipelines allegedly caused by washout and subsidence due to excavation of the property.  The property owner alleged that the damage was caused by a logging company’s work and a sand mining company’s work on the property.  The property owner alleged that its contract with the logging company required the logging company to obtain liability insurance listing the property owner as an additional insured.  An insurance agency issued a Certificate of Liability Insurance purportedly listing the property owner as an additional insured; however, the property owner was not an additional insured under the policy.  The property owner filed a claim under the policy, which was denied.  The property owner then sued the insurance agent and insurance agency, asserting claims based on negligence, fraud, negligent misrepresentation, violations of the Texas Insurance Code, and violations of the Texas Deceptive Trade Practices-Consumer Protection Act.  Hartline Barger LLP filed a motion for summary judgment on behalf of the insurance agent and agency, arguing that (1) the claims against them were barred by the statute of limitations, (2) the insurance agent and agency did not make any representations directly to the property owner, and (3) the property owner’s damages were not proximately caused by the insurance agent or agency.  The trial court granted the insurance agent and agency’s motion for summary judgment and dismissed the claims against them with prejudice, and the appellate court affirmed.

Hartline Barger Partner Melissa Dorman Matthews Achieves Fifth Circuit Court of Appeals Victory

January 12, 2022 – Partner Melissa Dorman Matthews secures another victory for Hartline Barger at the Fifth Circuit Court of Appeals after a hard-fought battle over attorney’s fees awarded for a class action settlement.

Matthews, who served as lead trial counsel for the matter, argued the case in front of the Fifth Circuit in March of 2021. Plaintiffs’ counsel requested $12,726,376.00 in fees – a lodestar calculation of $4,388,405.50 with a multiplier of 2.9.  The U.S. District Judge awarded Plaintiffs’ counsel more than $4.3 million in fees.

The Fifth Circuit Court of Appeals vacated this award yesterday, and has instructed the District Judge to recalculate the award and take into account the two issues Matthews and her team pointed out throughout the litigation:  1) the fees Plaintiffs’ counsel incurred on behalf of the successful claims were a fraction of the amounts incurred for pursuing all claims, many of which were unsuccessful; and 2) the actual benefit to the class, which counsel estimates to be less than .05% of the requested fee award.

Hartline Barger partner Angela Gordon and attorney Abigail Foreman assisted Matthews in the case, along with appellate counsel from Beck Redden LLP.

MDM Fifth Circuit Opinion

Hartline Barger LLP Promotes Angela Gordon and Daniel Erwin to Partnership, Promotes Clayton Callen and Tyler Stuart to Equity Partners, Elects Peter Blomquist to Management Committee, and Elects Richard Crews as Managing Partner

Dallas, Texas, January 1, 2022 – Hartline Barger LLP is pleased to announce the promotion of Santa Fe attorney Angela Gordon and Houston attorney Daniel Erwin to partners, the promotion of Dallas attorneys Clayton Callen and Tyler Stuart to equity partners, the election of Dallas partner Peter Blomquist to the management committee, and the election of Corpus Christi partner Richard Crews as Managing Partner.

“The past two years have proved to be challenging in countless ways but our firm has persevered, in large part because of attorneys like Daniel, Angela, Clayton, and Tyler, who consistently demonstrate the dedication and drive required to be included in partnership, “ said Managing Partner Richard Crews. “In addition to our partner promotions, we are thrilled to welcome Houston partner, Peter Blomquist, to our management committee. His legal experience and strong character make him a great asset to our leadership team,” added Crews.

With a wide-ranging practice, Angela Gordon handles appeals, class actions, product liability litigation, insurance defense litigation, and has also defended lawsuits filed against governmental entities. Her extensive experience includes successfully obtaining dismissals in cases involving international tire manufacturers, local city governments and other clients.

Daniel Erwin focuses his practice in general civil litigation, commercial litigation and business torts, insurance law, construction defect, professional liability and products liability. He has a particular emphasis on cases involving personal injury litigation as well as transportation matters. He represents multiple Fortune 500 clients across the state and routinely handles complex, catastrophic losses.

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.

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.

Additionally, the partnership has elected Richard Crews to serve as Managing Partner of the firm’s six offices.

Richard Crews has been actively engaged in a varied and extensive trial practice for more than 40 years. His general civil litigation experience not only includes defense of personal injury claims, but also the trial of commercial and business disputes, defense of fiduciary claims, representation of automobile manufacturers, defense of designers and manufacturers of seat belts, airbags, child seats and other automotive components. He has also defended pharmaceutical companies, medical device manufacturers, doctors, hospitals, and attorneys in professional liability claims. He has tried cases involving wills and estates, oil and gas disputes, and represented banks and trust companies.

Throughout his career, Richard has been both active in his profession and recognized by his peers. As a young lawyer he was recognized as Nueces County’s “Outstanding Young Lawyer.” Having been repeatedly selected for listing in The Best Lawyers in America©, he was selected as 2018’s Personal Injury Litigation – Defendants “Lawyer of the Year” in Corpus Christi. He is an Advocate in the American Board of Trial Advocates (ABOTA), served two terms on that organization’s National Board of Directors and twice served as President of the Corpus Christi Chapter. He was appointed to serve on the Attorney Admissions Committee for the United States District Courts for the Southern District of Texas, serving as the committee’s chairman for six years. He has been named to Texas Super Lawyers® for more than fifteen consecutive years, is rated “AV Preeminent®” by Martindale-Hubbell and has been selected to membership in the Litigation Counsel of America. Further, he has been named to America’s Top 100 Attorneys®, South Texas Region and was selected as a Master of the Reynaldo Garza’s Chapter of American Inns of Court. He remains active in numerous and civic and professional organizations.

 

Hartline Barger Secures Summary Judgment in Personal Injury Claims Case

Tarrant County, TX, December 13, 2021 — Plaintiff Jim Coker, along with six other Plaintiffs, brought personal injury claims against two gentlemen’s clubs and their parent entity based on alleged thefts and assaults at the club. The defendants moved for no-evidence summary judgment on Plaintiff’s claims, and the Court granted the motion on December 13, 2021. Plaintiff brought an appeal, which was dismissed after he failed to pay required fees. Representing the clubs were Brian Rawson, Tyler Stuart, and Roy McKay

Hartline Barger Successfully Obtains Full Dismissal for Client in Premises Liability Case

Brownsville, TX, October 25, 2021 — Hartline Barger LLP today announced attorneys Brian Rawson, Roy McKay, and Dale Fresch successfully obtained a full dismissal for their client in a premises liability case. The case involved allegations that the premises owner knew or reasonably should have known of a dangerous condition in its bathroom that caused Plaintiff to
be injured.

Plaintiff was a customer at a restaurant in Harlingen, Texas. He alleged that while walking through the restaurant’s bathroom, he slipped in a puddle of water that was on the floor, fell, and was injured. Plaintiff sought about $75,000.00 in damages.

Rawson, McKay, and Fresch filed a motion for summary judgment arguing that the restaurant was not under their client’s control at the time of the incident and, as a result, Plaintiff’s claims should fail. On October 25, 2021, the Court granted Hartline Barger’s motion for summary
judgment, dismissing all of Plaintiff’s claims against Hartline Barger’s client.

Cause/Case No.: 2020-CCL-00200
Judge: Laura L. Betancourt

Hartline Barger LLP Joins Diversity Lab’s Midsize Mansfield Rule Program

DALLAS, Texas, September 21, 2021Hartline Barger LLP is pleased to announce its participation in Diversity Lab’s second iteration of the Midsize Mansfield Rule Program. The main objective of the Mansfield Rule is to boost diversity within law firms by innovating the hiring process to broaden the pool of candidates considered for hiring opportunities.

Diversity Lab is an organization dedicated to developing initiatives that boost diversity and inclusion in law. Through creative collaboration, behavioral science, and technology, Diversity Lab is able to develop ideas, measure results, and share valuable lessons learned with the legal community.

Diversity Lab’s Mansfield Rule Certification measures whether law firms have affirmatively considered at least 30 percent women, underrepresented racial/ethnic groups, LGBTQ+ lawyers and lawyers with disabilities for leadership and governance roles, equity partner promotions, formal client pitch opportunities, and senior lateral positions.

“Seeking Mansfield Rule certification is the next logical step in our efforts to improve and promote diversity and inclusion. This process will help us build upon the great strides we’ve made over the last several years, and will allow us to better measure our efforts and results,” said Partner Melissa Dorman Matthews.

The certification period for the Midsize version is 18 months (September 15, 2021 to March 14, 2023) to provide sufficient time for the participating firms to take action on hiring, promotion, and leadership transition activities.

 

Hartline Barger LLP is nationally recognized for its work in product liability litigation and a broad spectrum of practice areas—from personal injury defense, commercial litigation, professional liability defense, and toxic torts, to warranty and deceptive trade practice litigation. Founded in 1994, Hartline Barger LLP has offices in Dallas, Houston, Corpus Christi, Waco, Santa Fe, and Albuquerque, and serves clients across the country. For more information, visit hartlinebarger.com.  

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Seven Hartline Barger attorneys have been selected to the 2021 Texas Super Lawyers list.

Seven Hartline Barger attorneys have been selected to the 2021 Texas Super Lawyers list.

Each year, no more than five percent of the lawyers in the state are selected by the research team at Super Lawyers to receive this honor. Super Lawyers, a Thomson Reuters business, is a rating service of outstanding lawyers from more than 70 practice areas who have attained a high degree of peer recognition and professional achievement. The annual selections are made using a patented multiphase process that includes a statewide survey of lawyers, an independent research evaluation of candidates and peer reviews by practice area. The result is a credible, comprehensive and diverse listing of exceptional attorneys.

Hartline Barger LLP is nationally recognized for its work in product liability litigation and a broad spectrum of practice areas—from personal injury defense, commercial litigation, professional liability defense, and toxic torts, to warranty and deceptive trade practice litigation. Founded in 1994, Hartline Barger LLP has offices in Dallas, Houston, Corpus Christi, Waco, Santa Fe, and Albuquerque, and serves clients across the country. For more information, visit hartlinebarger.com.  

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Hartline Barger Secures Dismissal for BYOB Establishment

Dallas County, TX, July 07, 2021 — Plaintiff Sylvester Galbreath was a passenger in a motor vehicle that collided with another vehicle. He brought a dram shop suit against a club (and its related entities) he and his driver allegedly patronized before the accident, claiming the club over-served the driver. The club moved for traditional and no-evidence summary judgment, arguing, among other things, that it was a “Bring-Your-Own-Bottle” establishment, that it did not serve or otherwise provide alcohol, and that no evidence showed any provision to the driver by the club. Rather than respond to the summary judgment motions, Plaintiff voluntarily dismissed his claims against the club and its related entities. Representing the club and related entities were Brian Rawson, Stephanie Roark, and Tyler Stuart.

Hartline Barger Obtains Summary Judgment in Personal Injury Case

Tarrant County, TX, July 07, 2021 — Plaintiff Kenneth Scroggins, along with six other Plaintiffs, brought personal injury claims against two gentlemen’s clubs and their parent entity based on alleged thefts and assaults at the club. The defendants moved for no-evidence summary judgment on Plaintiff’s claims, and the Court granted the motion on July 7, 2021. Representing the clubs were Brian Rawson, Tyler Stuart, and Roy McKay.

13 Hartline Barger LLP Lawyers Named to 2022 Best Lawyers® List

Dallas, July 6, 2021 — Hartline Barger LLP is pleased to announce that 13 lawyers have been included in the 2022 edition of The Best Lawyers in America®. Since it was first published in 1983, Best Lawyers has become universally regarded as the definitive guide to legal excellence.

Lawyers on The Best Lawyers in America list are divided by geographic region and practice areas. They are reviewed by their peers based on professional expertise, and undergo an authentication process to make sure they are in current practice and in good standing.

Hartline Barger LLP would like to congratulate the following lawyers named to 2022 The Best Lawyers in America list:

  • Darrell L. Barger – Commercial Litigation, Litigation – Insurance, Litigation – Trusts and Estates, Personal Injury Litigation – Defendants, and Product Liability Litigation – Defendants
  • Peter C. Blomquist – Commercial Litigation
  • Richard W. Crews – Personal Injury Litigation – Defendants
  • Donald A. DeCandia – Commercial Litigation
  • Scott G. Edwards – Personal Injury Litigation – Defendants and Product Liability Litigation – Defendants
  • David H. Estes – Personal Injury Litigation – Defendants
  • Larry D. Grayson – Personal Injury Litigation – Defendants
  • Thomas G. Jacks – Litigation – Construction
  • Melissa Dorman Matthews – Personal Injury Litigation – Defendants
  • Jeffrey S. Patterson – Litigation – Intellectual Property, Personal Injury Litigation – Defendants, and Product Liability Litigation – Defendants
  • Marshall G. Rosenberg – Litigation – Construction and Professional Malpractice Law – Defendants
  • J. Reid Simpson – Personal Injury Litigation – Defendants
  • Michael G. Terry – Personal Injury Litigation – Defendants and Personal Injury Litigation – Plaintiffs

Hartline Barger Speaks at Driving Diversity in Law & Leadership Summit

Partner Melissa Dorman Matthews and Associate Amanda A. Saputo from Hartline Barger’s Dallas office were honored to speak at the Driving Diversity in Law & Leadership Summit. Over the last four years, women, minorities, LGBTQ individuals, and individuals with disabilities represented almost 70% of our attorney hires at Hartline. This has coincided with our tremendous growth with opening three new offices since 2019, and D&I will continue to be key priorities for the firm.

Hartline Barger Prevails on Motion for Summary Judgment

Nueces County, TX, June 16, 2021 Hartline Barger LLP attorneys Brian Rawson, Roy McKay, Holly Naehritz, and Dale Fresch prevailed on a Motion for Summary Judgment before County Court at Law No. 3 of Nueces County, Texas.  A customer alleged that she tripped and fell on a step at a restaurant while being escorted to her table.  The customer filed a premises-liability claim against the restaurant, alleging that the restaurant failed to properly maintain the step and/or failed to properly warn her about the step.  Hartline Barger LLP filed a motion for summary judgment on behalf of the restaurant, arguing that the restaurant satisfied any legal duty it owed to the customer by having a sign that said “PLEASE WATCH YOUR STEP” prominently displayed above the step, and that there was no evidence to support the customer’s claims.  The trial court agreed and granted the restaurant’s motion for summary judgment, dismissing all claims against it with prejudice.

Hartline Barger Prevails on Motion for Summary Judgment

Cameron County, TX, May 27, 2021 Hartline Barger LLP attorneys Brian Rawson, Roy McKay, Holly Naehritz, Dale Fresch, and Alex McLean prevailed on a Motion for Summary Judgment before County Court at Law No. 1 of Cameron County, Texas.  A customer alleged that she became ill after consuming chicken wings at a restaurant.  The customer sued the operator of the restaurant and its parent company, asserting claims based on strict products liability, negligence, breach of the implied warranty of merchantability, and breach of the implied warranty of fitness for a particular purpose.  Hartline Barger LLP filed a motion for summary judgment on behalf of the parent company, arguing that it was not a proper party to the case because it did not operate the subject restaurant.  The trial court granted the parent company’s motion for summary judgment and dismissed the claims against it with prejudice.

Hartline Barger Partner Don DeCandia Selected to 2021 Southwest Super Lawyers List

Hartline Barger Partner Don DeCandia has been selected to the 2021 Southwest Super Lawyers list. Each year, no more than five percent of the lawyers in the state are selected by the research team at Super Lawyers to receive this honor.

Super Lawyers, a Thomson Reuters business, is a rating service of outstanding lawyers from more than 70 practice areas who have attained a high degree of peer recognition and professional achievement. The annual selections are made using a patented multiphase process that includes a statewide survey of lawyers, an independent research evaluation of candidates and peer reviews by practice area. The result is a credible, comprehensive and diverse listing of exceptional attorneys.

For more information about Super Lawyers, visit SuperLawyers.com.