News & Events Archive
- February 12, 2019
Hawkins Parnell & Young, LLP is pleased to announce that Troy Helling has been appointed partner-in-charge of HPY’s Dallas office. Helling will be responsible for the management and strategic expansion of the office.
- February 6, 2019
Martin Levinson authored an amicus curiae brief filed in the Supreme Court of Georgia by the Georgia Defense Lawyers Association (GDLA). The case involves the assumption of the risk and, specifically, the applicability of that defense in the context of a professional negligence claim.
- February 5, 2019
Hawkins Parnell & Young, LLP obtained a dismissal before trial for a drug store retailer involved in cosmetic talcum powder litigation. Plaintiffs alleged HPY’s client, a national retail drug store chain, sold cosmetic talcum powders containing asbestos.
- February 4, 2019
Hawkins Parnell & Young, LLP is pleased to announce that Todd N. Wade has joined the firm in the Austin office. His arrival brings the firm’s number of Texas-lawyers to 18.
- February 1, 2019
Hawkins Parnell & Young, LLP has been named to the “Honor Roll” for Commercial Litigation in BTI Consulting Group’s Litigation Outlook 2019. BTI's annual survey combines a comprehensive analysis of client spending, goals, priorities and needs with unbiased, direct feedback from clients on law firms.
- February 1, 2019
Hawkins Parnell & Young, LLP obtained a victory for four product manufacturers on claims involving asbestos exposure. HPY secured affirmative summary judgment for a gasket manufacturer, a boiler manufacturer, and two valve manufacturers.
- January 28, 2019
Summary judgment obtained on behalf of an industrial pump manufacturer in a wrongful death claim based on exposure to asbestos fibers.
- January 24, 2019
HPY secured an outright dismissal mid-trial in a wrongful death mesothelioma case pending in Anderson County, South Carolina. The client, a sealing product manufacturer, was one of five defendants remaining at trial.
- January 22, 2019
Warner S. Fox has become a Fellow of the American College of Trial Lawyers, one of the premier legal associations in North America.
- January 2, 2019
Hawkins Parnell & Young, LLP successfully defended a joint compound client in a Cook County wrongful death trial. Plaintiff asked the jury for over $25 million at close of the seven-day trial.
- August 2018
Bart Rejch and Joe Connelly prevailed on a motion to quash service of summons in California for lack of personal jurisdiction on behalf of HPY’s client, a national retailer.
- August 21, 2018
Seventeen lawyers from Hawkins Parnell & Young, LLP have been selected by their peers for inclusion to The Best Lawyers in America© 2019.
- August 15, 2018
- July 25, 2018
Douglas R. Simek has joined the Dallas office. Simek brings more than 15 years of experience as a trial lawyer and litigator defending corporations in complex product liability and toxic tort litigation.
- July 13, 2018
Hawkins Parnell & Young, LLP obtained a unanimous defense verdict for a major manufacturer of automobiles in a high-risk breach of warranty case in the Superior Court of California for Los Angeles County.
- June 21, 2018
Bryan Grantham won a defense verdict in an automobile accident case in Bibb County, Georgia.
- June 14, 2018
It is with deep sadness that Hawkins Parnell & Young, LLP announces the passing of our beloved partner and dear friend, H. Lane Young, II. His loss will be deeply felt within the firm as well as among his professional colleagues and many friends across the country.
- June 2018
Last month, the Supreme Court added BNSF v. Loos to the October term, scheduling a resolution to the issue of whether a railroad’s payment to an employee for time lost from work is subject to employment taxes under the Railroad Retirement Tax Act. Far from a one-off tax matter, the case impacts thousands of claims from railway workers each year and raises interesting questions about history, statutory construction, and the proper deference to administrative agencies.
- May 14, 2018
The Supreme Court granted a petition for writ of certiorari on an issue of great consequence in asbestos litigation — the bare metal defense. Although the Court will decide this critical issue under maritime law alone, its decision will have implications far beyond cases involving this particular body of law.
- Arizona Supreme Court Rules Employer Owed No Duty to Family Member Alleging Take-Home Toxic ExposureMay 11, 2018
The Supreme Court of Arizona affirmed the lower court judgments in favor of Alcoa in a case involving “take-home” exposure to asbestos.
- May 11, 2018
The firm won a significant victory in Middlesex County, New Jersey, obtaining a full dismissal of a cosmetic talc personal injury lawsuit brought on behalf of a Florida resident.
- May 3, 2018
Amy Welborn was elected to a three-year term on the State Bar of Texas Board of Directors.
- May 2, 2018
Taylor Yetter in the Austin office was selected to be a member of the Austin Young Lawyers Association: Leadership Academy.
- May 2, 2018
Robert B. Gilbreath secured the reversal of a class certification involving potentially hundreds of persons who worked in the City Hall Annex in New Orleans, Louisiana. The plaintiffs claim that release and exposure of chemical fumes caused them to suffer various maladies. HPY’s client, NID Corporation argued that class certification was improper.
- April 20, 2018
Claire Weglarz and Elizabeth Branham won a motion to quash service in California for lack of personal jurisdiction on behalf of HPY’s client, a national cosmetic company.
- April 18, 2018
Justices of the First Court of Appeals in Houston, Texas heard arguments in Biederman v. Brown. The appeal arises from Christine Biederman’s intervention in the Brown case which was originally filed in 1993 in Travis County, Texas. Biederman, an attorney and freelance journalist, intervened to unseal a 20-year old deposition transcript of Russell Budd’s testimony regarding the Baron & Budd law firm’s creation and use of the infamous “Terrell Memo.”
- March 22, 2018
Bryan Grantham obtained summary judgment for a local grocery store owner in Adel, Georgia, in a case arising after a customer injured herself while fleeing from a small snake that she saw in the store.
- March 15, 2018
Claire Weglarz secured a defense verdict for a manufacturer of sealing products in a wrongful death mesothelioma case pending in the Superior Court of Washington in King County.
- February 12, 2018
Hawkins Parnell & Young, LLP secured summary judgment in a case involving listeria poisoning from allegedly contaminated peaches.
- February 2, 2018
- December 5, 2017
- November 15, 2017
After a three-week trial in Pennsylvania, Hawkins Parnell & Young, LLP secured defense verdicts for two different defendants.
- August 15, 2017
Seventeen lawyers from Hawkins Parnell & Young, LLP have been selected by their peers for inclusion to The Best Lawyers in America© 2018.
- July 21, 2017
The City of Dallas appealed a trial court’s ruling that the DPFPS may maintain its claim for pension contributions in connection with a lawsuit by current and former first responders seeking backpay from the City.
- July 2017
Austin Lawyer spoke with trial lawyer Amy Welborn as the incoming president to the Austin Bar Association.
- June 2017
On June 20, 2017, Justice Peter Moulton, Administrative Judge and Coordinating Justice of the New York City Asbestos Litigation (“NYCAL”), issued a new Case Management Order and an accompanying Decision and Order.
- June 14, 2017
Hawkins Parnell & Young, LLP secured vacatur of Louisiana court order purporting to certify a class of potentially hundreds of persons who worked in the City Hall Annex in New Orleans.
- June 1, 2017
Catherine E. Goldhaber has joined the firm as partner-in-charge of HPY’s Chicago office. Goldhaber brings more than 15 years of experience defending claims related to product liability, exposure to toxic substances and transportation-related injuries.
- May 26, 2017
Hawkins Parnell & Young, LLP won a defense verdict in a wrongful death mesothelioma case pending before Judge Seligman in the Superior Court of California for Alameda County. Trial lawyers Bill Fountain and Claire Weglarz represented John Crane Inc.
- May 18, 2017
The Delaware Supreme Court has affirmed a summary judgment rendered in favor of Hawkins Parnell & Young, LLP’s client Reichhold Incorporated, one of the world’s largest suppliers of resin products.
- Federal Judge Denies Defendants’ Motions to Dismiss in Class-Action Litigation in the Northern District of CaliforniaApril 21, 2017
In Cynthia Marie Vespa v Singler-Ernster Inc., et al., 16-cv-03723-RS, Judge Richard Seeborg of the U.S. District Court for the Northern District of California denied a motion to dismiss filed by Peter Singler, Jr., as well as separate motions to dismiss filed by Singler-Ernster, Inc. and Carol S. Singler.
- February 17, 2017
ATLANTA, February 17, 2017 – Twenty lawyers from Hawkins Parnell & Young, LLP have been recognized in the 2017 edition of Georgia Super Lawyers. Super Lawyers, part of Thomson Reuters, evaluates lawyers through a patented multiphase selection process involving independent research, peer nominations, and peer evaluations.
- February 1, 2017
Hawkins Parnell & Young, LLP obtained a defense verdict at the conclusion of a bench trial before the Honorable James DeLuca of the New Jersey Superior Court of Bergen County. Roy Viola was lead counsel to the homeowner who sold the property in question and was ultimately responsible for the replacement of the septic system.
- January 26, 2017
Hawkins Parnell & Young, LLP obtained a complete defense verdict in the United States District Court for the District of New Mexico on behalf of Deans, Inc., a full service industrial electrical services provider.
- Georgia Court of Appeals Reverses Denial of Summary Judgment to Contractor on Causation in Mold Exposure CaseDecember 19, 2016
In a matter considering the requisite expert evidence on the issue of causation in a mold exposure, personal injury case, the Georgia Court of Appeals reversed a trial court’s denial of a Motion for Summary Judgment of a remediation contractor. The Court concluded that the expert testimony causation standards recognized by the Georgia Supreme Court in Scapa Dryer Fabrics, Inc. v. Knight, 299 Ga. 286, 291 (2016), a case considering the expert testimony standard in an asbestos exposure case, applied to mold exposure cases.
- December 16, 2016
David Marshall and Chris Lang secured a favorable verdict representing an apartment complex where the plaintiff fell from his third floor balcony rendering him a paraplegic; he was subsequently shot a few months later during a home invasion in the same complex.
- December 15, 2016
The firm is pleased to announce the election of five attorneys to its partnership with the promotions of Mark D. Debrowski, Sara T. Murphy, Alfred J. Sargente, Melissa A. Vaughn, and Roy F. Viola, Jr.
- October 13, 2016
- October 5, 2016
Edward M. Slaughter persuaded the Twelfth Court of Appeals of Texas to reverse a trial court’s decision under the Texas Citizens Participation Act, often referred to as the anti-SLAPP act.
- September 20, 2016
The Arizona Court of Appeals ruled that an employer owes no duty of care to the child of an employee who is exposed to asbestos brought home on an employee's clothing. Edward M. Slaughter argued before the court on behalf of the defendants/appellees.
- August 25, 2016
Sixteen lawyers from Hawkins Parnell & Young, LLP have been selected by their peers for inclusion to The Best Lawyers in America© 2017.
- August 22, 2016
Carl H. Anderson obtained a dismissal on behalf of Prime Factors, Inc. in a patent infringement case pending in the U.S. District Court for the Northern District of California.
- August 9, 2016
Claire C. Weglarz and Kimberly Solomon secured a defense verdict on behalf of Kelly-Moore Paint Company after a four-week trial in the Superior Court of California, County of Los Angeles.
- July 7, 2016
Frances Lopez secured a defense verdict in Highland County, Florida for CertainTeed, a leading building products company.
- HPY Wins Summary Judgment and Appeal for Residential Service Providers in Negligent Supervision CaseJuly 7, 2016
Peter R. York and L. Kristin Brock obtained a dismissal of all claims against Defendants after nearly five years of litigation in a negligence and breach of contract case.
- July 2016
HPY has elected four attorneys to its partnership from the Los Angeles, New York, St. Louis, and San Francisco offices.
- Eastern District of Wisconsin U.S. District Court Grants Motion to Compel Discovery Against Secretary of LaborMay 2016
David R. Johanson and Douglas A. Rubel of Hawkins Parnell & Young, LLP secured a favorable ruling on a motion to compel discovery in an Employee Stock Ownership Plan and Trust (“ESOP”) case pending in the United States District Court for the Eastern District of Wisconsin.
- April 15, 2016
On April 15, 2016, HHawkins Parnell & Young, LLP’s client, a national retailer, was granted the dismissal of a real property damage claim by the United States District Court for the Eastern District of Kentucky.
- March 28, 2016
Ranelle M. Meroney and Amy C. Welborn have joined HPY’s expanding Austin office as partners. Together they bring more than 54 years of experience as litigators and trial lawyers defending corporations, premises owners and individuals, primarily in the areas of premises liability, construction, employment, and business disputes.
- March 14, 2016
Seven lawyers from the firm’s Atlanta office have been recognized as a Rising Star in the 2016 edition of Georgia Super Lawyers.This exclusive list recognizes no more than 2.5 percent of the lawyers in the state of Georgia.
- March 1, 2016
Christopher C. Ege will be promoted to Partner-in-Charge of HPY’s Austin office.
- December 8, 2015
Macy Chan won a complete defense verdict for HPY's client after 3 weeks of trial in Torrance, California.
- December 8, 2015
Join Hawkins Parnell & Young, LLP in partnership with Bloomberg BNA, MassMutual Northern California and One Wealth Management for this half-day seminar featuring tips from ESOP companies and experts who advise in the creation and management of them.
- October 7, 2015
Following a six week jury trial before Judge Julia Spain in the Alameda County Superior Court, a 12 panel jury found in favor of John Crane Inc. on several asbestos-related product liability claims .
- September 22, 2015
On September 22, 2015, HPY’s client, a manufacturer of brake linings, received a defense verdict in a case involving a career automotive mechanic and former Navy engineman. At the end of closing argument, Plaintiff's counsel asked the jury to award over $30 million dollars in compensatory damages.
- September 8, 2015
On September 8, 2015, the Georgia Supreme Court granted a petition for certiorari filed by HPY attorney Rob Gilbreath seeking review of the Court of Appeals’ decision in Scapa Dryer Fabrics, Inc. v. Roy and Milva Knight.
- August 18, 2015
On August 18, the Texas Court of Appeals reversed all but a small portion of an approximately $36 million judgment against HPY clients Roscoe White and White Ventures Energy LLC.
- August 17, 2015
Seventeen lawyers have been selected by their peers for inclusion toThe Best Lawyers in America© 2016. Michael Goldman was named theBest Lawyers® 2016 Professional Malpractice "Lawyer of the Year" in Atlanta.
- July 2015
Hawkins Parnell & Young, LLP continues to strengthen its partnership and overall litigation practice with the recent promotions of Todd C. Alley, Eric T. Hawkins, and Debra E. LeVorse.
- June 26, 2015
HPY’s David R. Johanson, Rachel J. Markun, and Douglas A. Rubel represent Herbert C. Bruister, a former trustee of the Bruister & Associates Employee Stock Ownership Plan and Trust (the “ESOT"), who filed an opening brief in the United States Court of Appeals for the Fifth Circuit on Friday June 26, 2015.
- June 25, 2015
Macy Chan has been selected to Southern California Rising Stars’ Top 50 Up-and-Coming Women Lawyers.
- June 15, 2015
Martin Levinson, a partner in the Atlanta office of Hawkins Parnell & Young, LLP, was elected to the board of directors for the Georgia Defense Lawyers Association.
- Randi Warren Accepted Into the Georgia Association of Black Women Attorneys Professional Development AcademyFebruary 25, 2015
Randi Warren was accepted into the Georgia Association of Black Women Attorneys (GABWA) Professional Development Academy. This four week professional development program provides participants the unique opportunity to engage top lawyers and leaders from various industries.
- January 29, 2015
On January 29, 2015, Kate Whitlock from the Atlanta office won a defense verdict and was awarded attorney’s fees by a Fulton State Court jury. HPY’s client, a company that owns and manages apartment communities, was the target of a lengthy and active lawsuit by one of its former tenants.
- January 28, 2015
In a take-home asbestos case pending against a premises client of HPY in the Eastern District of Tennessee, United States Magistrate Judge, Clifford Shirley, Jr., excluded unsupported industrial hygiene opinions of the plaintiff’s expert, Dr. Vernon E. Rose.
- January 2015
Best Lawyers spoke with legal malpractice powerhouses Christine Mast from our Atlanta office and plaintiff attorney Charlotte Perrell, two preeminent Atlanta attorneys who were named 2015 “Lawyer of the Year” for their respective side of the bench.
- Third Circuit Court of Appeals Affirms Trial Court Dismissal Of Claims Against Premises Owner Client In Take-Home Multi-Substance Toxic Exposure CaseDecember 17, 2014
The Third Circuit Court of Appeals affirmed a 2013 decision by Judge Eduardo Robreno in the United States District Court for the Eastern District of Pennsylvania dismissing a take-home multi-substance toxic exposure case brought by the spouse of a former employee of their client.
- November 17, 2014
Hawkins Parnell & Young, LLP is pleased to announce the opening of the firm’s ninth office in Napa, California with the arrival of four employee benefit, ERISA, litigation, transactional, and ESOP attorneys from Jackson Lewis P.C. The team includes David R. Johanson, Rachel J. Markun, Douglas A. Rubel (based in Atlanta), and Teresa Y. Huang.
- November 17, 2014
HPY secured a unanimous defense verdict in the United States District Court for the Central District of California (Los Angeles) for John Crane Inc. The decedent, worked as a pipefitter at three San Diego-based shipyards from 1960 to 1975 and testified that our client's gaskets were the primary products he used throughout this time.
- October 15, 2014
On October 15, 2014, the client’s trial attorneys persuaded a jury to award $7.4 million as the value of the reversionary interest.
- October 2014
The Supreme Court of Texas denied review in a case where HPY clients will now be entitled to recover well in excess of $40 million dollars in light of the court’s ruling.
- September 26, 2014
Evelyn Fletcher Davis, a senior partner from the Atlanta office of Hawkins Parnell & Young, LLP, was recognized by the Georgia Diversity Council as one of Georgia’s Most Powerful and Influential Women in 2014 for her leadership and impact within the legal community across the state.
Evelyn Fletcher Davis of Hawkins Parnell & Young, LLP is working with President Patrice Perkins of the State Bar of Georgia and the Clerk of Superior Court in Muscogee County to institute the iCivics program into the Georgia public school system.
- September 2014
Hawkins Parnell & Young, LLP announced that the New York office has relocated to 600 Lexington Avenue at 52nd Street. HPY will occupy 12,500 square feet on the entire eighth floor in this premier office building, a block away from the Seagram’s Building on Park Avenue and the Citicorp Building on Lexington.
- August 19, 2014
Fifteen lawyers from HPY have been selected by their peers for inclusion toThe Best Lawyers in America© 2015.
- August 6, 2014
HPY partner Rob Gilbreath obtained a major appellate victory in a legal battle between television and radio media companies.
- August 2014
- July 2014
- July 11, 2014
On July 11, 2014, The Supreme Court of Texas issued its opinion in Bostic v. Georgia-Pacific Corp. The opinion by Justice Willett rejects the “any exposure” theory of liability, and holds that the standard of substantial factor causation recognized in Borg-Warner Corp. v. Flores applies to mesothelioma cases.
- June 20, 2014
After more than 50 years of silence on shareholder oppression claims, the Texas Supreme Court issued a 54 page opinion rejecting such claims except to the extent they seek the limited statutory remedy of a rehabilitative receivership.
- Appellate Specialist Rob Gilbreath Persuades Texas Supreme Court To Overhaul the Minority Shareholder Oppression DoctrineJune 20, 2014
After more than 50 years of silence on shareholder oppression claims, the Texas Supreme Court issued a 54 page opinion rejecting such claims except to the extent they seek the limited statutory remedy of a rehabilitative receivership. Appellate specialist Rob Gilbreath represented the prevailing parties in the case.
- June 5, 2014
Warner Fox and Shane Keith obtained a defense verdict in a personal injury suit tried before Judge Totenberg in the United States District Court for the Northern District of Georgia.
- June 4, 2014
- Spring 2014
David Marshall from the Atlanta office was appointed chair of the Judicial Relations Committee of the Georgia Defense Lawyers Association (GDLA).
- May 2014
After two days of trial in the Superior Court of Fulton County, David Marshall and Debra LeVorse received a dismissal for HPY’s client, a national hospice provider in Georgia.
- April 17, 2014
On April 17, 2014, HPY received a defense verdict for a client that manufactures fluid sealing devices.
- April 4, 2014
On April 4, 2014, HPY’s client, a manufacturer of brake linings, received a defense verdict in one of the most challenging friction cases the firm has seen in 38 years of asbestos litigation. With no alternative exposure, Plaintiff alleged her late husband developed pleural mesothelioma caused by asbestos exposure from HPY's client's products while he was working in a brake and clutch remanufacturing plant, Ace Brake Supply, in Los Angeles beginning in the mid-1950s.
- April 7, 2014
Ron Polly, Matt Boyd, Will Ellis, and Amy Boring obtained summary judgment in a breach of contract and unlawful acts/ultra vires case for the City of East Point.
- March 2014
Shane Keith, a partner in the Atlanta office, was quoted in the cover article of this month's edition of Units Magazine, "Who's the Victim? Cracking the Credit Score Case."
- March 26, 2014
Christopher Collier will Co-Chair HarrisMartin's Southeast Asbestos Litigation Conference this year held in Charleston, South Carolina on March 26, 2014.
- March 2014
After a four-day trial before Judge William Ison in the Superior Court of Fulton County, David Marshall and Debra LeVorse received a favorable verdict for HPY’s client, a national specialty property and casualty insurance company.
- March 10, 2014
Matt Barr obtained a defense verdict following a 6 day trial in Fulton County for Quest Diagnostics. The case was retried following a large Plaintiff verdict two years ago.
- February 28, 2014
Matt Barr obtained a defense verdict following a week-long trial in Forsyth County for CVS Pharmacy. The Plaintiff, Mr. Bauer, slipped on some gravel in the parking lot of an Alpharetta CVS store in this premises liability case.
- February 24, 2014
Ollie Harton successfully concluded over 70 asbestos cases for 10 clients at the quarterly Trial Setting in Wheeling, West Virginia.
- January - March 2014
Christopher Collier, Ollie Harton, and Shane Keith are serving as faculty in the Kessler-Eidson Program for Trial Techniques at Emory University School of Law. The program provides all second-year students with a foundation in oral advocacy.
- January 29, 2014
Ollie Harton and Catherine McCormack tried a peritoneal mesothelioma case in Dade County, Florida on behalf of HPY's clients, Discount Auto and Advance Auto.
- January 17, 2014
HPY received a defense verdict for a client that manufactures fluid sealing devices in a case that involved a plaintiff with pleural mesothelioma alleging asbestos exposure as a pipe-fitter at Todd Pacific Shipyard in Long Beach, Gulf Oil in Santa Fe Springs, and Unilever (Lever Bros) in Commerce. Although the plaintiff sued over 40 defendants, only two remained at the time of verdict.
- November 21, 2013
Barry Schirm and Macy Chan prevailed on a motion for summary adjudication of a punitive damage claim in Los Angeles County on behalf of their client, a manufacturer of friction material used in brakes and other products which contained asbestos in the past.
- November 8, 2013
HPY represented Kelly-Moore Paint Company from California in a dismissal for lack of personal jurisdiction in an upstate New York asbestos case.
- October 15, 2013
- October 2013
Carl Anderson was retained to assist trial counsel in drafting a Brief of Appellee for the United States Court of Appeals for the Eleventh Circuit in an Alabama legal malpractice case.
- October 8, 2013
Macy Chan has been named to the Inaugural Hot List for Lawyers of Color, which recognizes early- to mid-career attorneys who are excelling in the legal profession.
- October 2013
Carl Anderson and Sally Bright obtained a reversal of an administrative law judge’s decision upholding Georgia Environmental Protection Department decision to hold their client liable for clean-up costs in a Georgia Hazardous Site Response Act case in the Fulton County Superior Court from Judge Alfred Dempsey.
- August 26, 2013
- Rob Gilbreath and Ed Slaughter Win Arizona Supreme Court Case Affirming Summary Judgment and Application of Foreign LawAugust 21, 2013
- August 15, 2013
Thirteen lawyers from HPY were selected as 2014 Best Lawyers in America by their peers for inclusion in the 20th Edition of The Best Lawyers in America in their various practice areas
- August 8, 2013
Ed Ulloa and Macy Chan prevailed on a motion for summary adjudication of three of Plaintiff’s claims, including False Representation, Intentional Tort/ Intentional Failure to Warn and Punitive Damages in Los Angeles County on behalf of their client, a manufacturer of friction material used in brakes and other products which contained asbestos in the past.
- August 1, 2013
HPY is pleased to announce that Edward P. Abbot, Mark D. Debrowski, Sara Murphy, Alfred J. Sargente, and Roy F. Viola, Jr., all formally of Smith Abbot LLP, have joined HPY as of August 1, 2013.
- July 26, 2013
In January 2012, Claire Weglarz obtained a favorable verdict for their client in a personal injury mesothelioma case. Plaintiffs appealed and challenged the jury’s allocation of the verdict and argued that HPY’s client should be held entirely liable.
- June 2013
The article is a national survey of the application of construction statutes of repose and their applicability to latent disease cases. The article also touches on the elimination of the discovery rule in cases where the statute of repose is applicable and constitutional concerns relating to the elimination of a plaintiff's cause of action before an injury is, or can be, discovered.
- June 2013
Edward Slaughter will be published in the June 2013 edition of the Defense Research Institute ("DRI"): For the Defense magazine. The article is entitled, "Rest Easy: Latent Disease and the Construction Statute of Repose."
- May 14, 2013
House Bill (HB) 1325 has now been signed in the House and the Senate and is on its way to the Governor for signature. This bill attempts to clean out the huge docket of inactive silica and asbestos claims that have been "frozen" in the Texas MDL since legislation of 2005.
- May 1, 2013
Peter York and Kristin Martin obtained a defense verdict in an occupational exposure case they tried for a week and a half in the State Court of Fulton County, Georgia.
- April 18, 2013
Favorable verdict for a major national mortgage underwriter after a four-day jury trial in Fulton County, Georgia.
- Brent Bean Won Summary Judgment in a Failure to Procure Insurance and Negligent Misrepresentation ClaimApril 2, 2013
- March 29, 2013
On March 29, the Texas Supreme Court agreed to decide whether Nevada's statutory requirement that a judge, rather than a jury, decide the issue of alter ego applies in Texas courts.
- March 29, 2013
In an inverse condemnation case, the Texas Supreme Court reversed the lower courts' judgments and held that HPY's client's option to repurchase a tract of real property, sold to a city for use as a park, was a compensable interest for takings-clause purposes.
- February 27, 2013
Matt Barr completed a jury trial in Rockdale Superior Court in Georgia before Judge David Irwin. The case involved a 2009 slip and fall at a McDonald’s restaurant. After three and a half hours of deliberation, the jury returned a nominal verdict for the plaintiff, awarding only $2,042.23.
- February 2013
HPY announced the opening of its newest office in New York City on February 1, 2013. Like its other offices, the New York office will concentrate on civil litigation and appellate practice in all state and federal courts.
- February 1, 2013
HPY’s Dallas office celebrated its 10-year anniversary on February 1. Since opening its doors in 2003, the Dallas office has grown to include nearly 50 employees, including 18 lawyers. HPY opened the Dallas office in response to growing client demands in the state of Texas.
- January 31, 2013
Barry Schirm and Sarah Christopher Foley prevailed on a summary adjudication of a punitive damage claim in Los Angeles County on behalf of their client, a regional manufacturer of a joint compound which contained asbestos in the past.
- December 19, 2012
On December 19, 2012, the U.S House of Representatives, by a vote of 401-3, passed H.R. 1063, the Strengthening Medicare and Repaying Taxpayers (“SMART”) Act as part of H.R. 1845, the Medicare IVIG Access Act. On December 21, 2012, the U.S. Senate passed the legislation by unanimous consent. The legislation is designed to significantly improve the efficiency of the current Medicare Secondary Payer (“MSP”) system and to speed repayment of amounts owed from Medicare beneficiary claims directly to the Medicare Trust Fund.
- January 4, 2013
Chris Collier won summary judgment in Fulton County State Court on behalf of the owner and property manager of a local shopping center.
- January 3, 2013
Barry Schirm, Claire Weglarz and Sarah Christopher Foley prevailed on a summary judgment in Los Angeles County on behalf of their client, a regional manufacturer of a joint compound which contained asbestos in the past.
The Claims and Litigation Management Alliance announced Edward M. Slaughter a graduate of the 2012 Litigation Management Institute, and received the Certified Management Professional (CLMP) certification.
- November 5, 2012
Ben Dorfman won a defense verdict in DeKalb Magistrate Court in Georgia on behalf of a truck driver, trucking company, and insurance carrier sued under the Direct Action Statute.
- Todd Wade and Chris Ege Win Defense Verdict for Kelly-Moore Paint Company in Alameda County, CaliforniaNovember 1, 2012
Todd Wade and Chris Ege won a defense verdict on behalf of Kelly-Moore Paint Company in a case filed by a 53-year-old restaurant owner with peritoneal mesothelioma. The trial proceeded before Judge Jo-Lynne Q. Lee in Alameda County Superior Court in Oakland, California.
- October 26, 2012
The Texas Supreme Court has granted a petition for review filed by HPY on behalf of its client in a shareholder oppression case. The client was represented by another firm in the trial court, which rendered a judgment holding that the client committed minority shareholder oppression and awarding the plaintiff $7,000,000. The client hired HPY appellate specialist Rob Gilbreath for the appeal.
- September 26, 2012
Thirteen lawyers from HPY were selected by their peers for inclusion in The Best Lawyers in America® 2013 in their various practice areas.
- September 13, 2012
Ed Slaughter and Macy Chan won summary judgment on behalf of their product manufacturer client in Los Angeles County Superior Court. In this bystander, take-home exposure case, Plaintiff claimed that he encountered asbestos fibers released from HPY’s client’s products as a by-stander and that these asbestos fibers were then carried home on his clothes and body and exposed Decedent.
- August 28, 2012
Claire Weglarz obtained a judgment dismissing Plaintiff's entire action filed against their product liability client in Los Angeles Superior Court. Plaintiff claimed his toxic encephalopathy and other toxic injuries were caused by his work with metals supplied to his workplace by HPY's client. Judge Malcolm Mackey sustained HPY's client's demurrer without leave to amend, finding that Plaintiff's claims were barred as a matter of law by the raw material supplier defense.
- August 23, 2012
Ty Brown won a defense verdict in a legal malpractice case pending in Fulton County, Georgia. The jury returned a defense verdict about an hour after receiving the final evidence and verdict form.
- July 9, 2012
The Alcoa team prepared a motion for bifurcation to try Alcoa's affirmative defense first. After a bench trial in the Los Angeles Superior Court, Judge Brazile determined that Plaintiff was covered under Alcoa's workers' compensation policies and upheld the exclusivity provisions of the Texas Workers' Compensation Act. Judgment was entered in favor of HPY's client.
- July 6, 2012
Kristin Brock Martin won summary judgment on behalf of four Defendants (three property owners and a property management company) in a premises liability case filed in Athens-Clarke County, Georgia. Plaintiff, a tenant of the apartment complex, filed negligence claims against Defendants after she allegedly slipped and fell on a wet, algae-covered patio.
- April 26, 2012
The California Court of Appeals affirmed an award of cost after the firm won a defense verdict for its client in a Los Angeles mesothelioma trial. HPY made an offer of judgment for one cent and a waiver of costs. HPY then won a complete defense verdict in the underlying action, in which the plaintiff claimed exposure to asbestos from brake components, clutches, and gaskets allegedly supplied by the firm’s client.
- April 19, 2012
Michael Goldman and Ed Ulloa obtained a favorable verdict after a three-week jury trial before the Honorable Robert L. Hess in Los Angeles County Superior Court. This product liability case involved severe burn injuries sustained by a firefighter to his hands while fighting a fire. HPY’s client manufactured the gloves the firefighter was allegedly wearing and was the only defendant remaining at trial.
- April 18, 2012
Barry Schirm and Sarah Christopher Foley prevailed on a summary judgment in Los Angeles County on behalf of their client, a regional manufacturer of joint compound which contained asbestos in the past.
- Arizona Court of Appeals Applies New Mexico Statute of Repose Upholding Dismissal of Mesothelioma Lawsuit Brought Against Design EngineerApril 17, 2012
On April 17, 2012, the Arizona Court of Appeals affirmed summary judgment for HPY's client, a design engineering firm, based on a New Mexico statute of repose barring claims arising out of the “defective or unsafe condition of a physical improvement to real property” more than 10 years after substantial completion of the improvement. The court rejected Appellee’s arguments that Arizona law should apply because he was diagnosed and treated years after moving there. Ed Slaughter argued the appeal. Rob Gilbreath drafted the briefing.
- April 11, 2012
Rob Gilbreath teamed up with a San Antonio law firm to secure favorable rulings for J.P. Morgan Chase Bank, N.A. in two consolidated mandamus proceedings brought by J.P. Morgan in the Fourth Court of Appeals in Texas. The court of appeals held that the trial courts in the two cases abused their discretion by refusing to transfer venue to Tarrant County, Texas.
- April 3, 2012
After two weeks of trial, the judge granted HPY’s motion for directed verdict (nonsuit). The judge sustained HPY's evidentiary objections to the admission of deposition testimony of the Decedent and a co-worker regarding HPY’s client’s products. In sustaining the objections, the judge found that the Decedent's and co-worker's product identification testimony was conclusory and lacked foundation, and he therefore excluded it all. Thus, Plaintiff was unable to prove causation.
- March 29, 2012
On March 29, 2012, Brenton Bean won a defense verdict in a bench trial in Gwinnett County Magistrate Court in Georgia on behalf of Brown & Brown insurance agency on a failure to procure claim.
- March 2012
On March 20, 2012, Ed Slaughter will argue before the Arizona Court of Appeals in Phoenix, Arizona on behalf of a design engineering firm that was sued in connection with engineering and design services it allegedly performed during the construction of a New Mexico plant in the 1960s.
- March 5, 2012
Jason Irvin and Claire Weglarz won a complete defense verdict on behalf of a national supplier of gaskets and packing in a lung cancer case pending in Los Angeles Superior Court.
- March 2012
On March 6, 2012, Ed Slaughter argued before the California Court of Appeal, Second Appellate District, in Los Angeles, California.
- March 1, 2012
On March 1, Rob Gilbreath argued a case to Texas' Fourth Court of Appeals on behalf of JPMorgan Chase Bank. This mandamus proceeding involves a venue issue: whether the case should be tried in Tarrant County or Karnes County.
- February 2012
Evelyn Davis and Matt Barr of HPY Atlanta were elected fellows in the Litigation Counsel of America, a trial lawyer honorary society established to reflect the new face of the American bar.
- January 2012
Shane Keith defended a premises liability action wherein the plaintiff alleged that a property management company's negligence led to her rape by a stranger on the premises.
- January 30, 2012
Michael Goldman received a defense verdict in a product liability case in Rockingham County, New Hampshire. It was a hard fought and expert-intensive case involving a 49 year-old local schoolteacher who caught her ankle-length poly-cotton chenille robe on fire.
- January 2012
The HPY team of Barry Schirm and Chris Ege won summary judgment in Los Angeles County on behalf of their client, a regional manufacturer of joint compound which contained asbestos in the past.
- January 27, 2012
Claire Weglarz obtained a favorable verdict for their client in this personal injury mesothelioma case pending in Los Angeles County Superior Court.
- California Supreme Court Confirms that a Defendant Cannot be Held Strictly Liable for Another Manufacturer’s ProductJanuary 12, 2012
Affirming the trial court’s ruling which dismissed HPY’s client, the California Supreme Court held definitively that “a product manufacturer generally may not be held strictly liable for harm caused by another manufacturer’s product,” regardless of whether that harm was foreseeable.
- October 20, 2011
Ed Slaughter won summary judgment in Los Angeles County on behalf of their client, a national retailer and manufacturer of construction materials.
- October 20, 2011
Rob Gilbreath was recruited to join a prestigious team of appellate specialists seeking to protect a favorable ruling by the Texas Supreme Court regarding breach of a loan agreement.
- Fall 2011
Last summer, Robert Gilbreath was elected to the Board of Trustees for the Texas Supreme Court Historical Society. The group recently put out its first issue of the Journal of the Texas Supreme Court Historical Society. The cover story by David A. Furlow – “The Legendary Life and Tumultuous Times of Chief Justice John Hemphill” – is a historical piece on the first chief justice of Texas.
- September 21, 2011
Warner Fox and Shane Keith obtained a directed verdict on behalf of HPY's client, Marriott International, in a hotly-contested negligent hiring and premises liability claim.
- August 31, 2011
Fourteen lawyers lawyers from HPY were recently selected by their peers for inclusion in The Best Lawyers in America® 2012 (Copyright 2011 by Woodward/White, Inc., of Aiken, S.C.).
- August 24, 2011
Bryan Grantham prevailed on summary judgment on behalf of a national security company and their local vendor.
- August 19, 2011
Bryan Grantham, on behalf of an attorney-client, obtained a dismissal of a Plaintiff's complaint in an action alleging legal malpractice, fraud, and violations of the Georgia RICO act.
- August 18, 2011
Ed Slaughter obtained a dismissal for HPY's client, a national supplier of automotive products.
- August 16, 2011
On May 16, 2011, the Los Angeles Superior Court filed a Petition to Coordinate the asbestos cases pending in Los Angeles, Orange, and San Diego Counties (“LAOSD Cases”). In accordance with the California Rules of Court, the California Judicial Council appointed a judge to determine if the cases are complex and subject to coordination. Judge Munter of the San Francisco Superior Court presided over the hearing on the Petition for Coordination on August 15, 2011. He issued an order recommending coordination on August 16, 2011.
- July 2011
When a prominent Atlanta, Georgia law firm, practicing in the area of real estate foreclosure, found itself facing class action allegations of wrongful foreclosure, fraud, RICO, RESPA, FDCPA, wire fraud, and other claims in a robo-foreclosure case against several major mortgage lenders, it turned to partner T. Ryan Mock Jr.
- July 15, 2011
Ron Polly was recently honored as a leader in his field of Labor and Employment in the 2011 Chambers USA.
- July 8, 2011
In a decision released July 8, 2011, the Florida Supreme Court ruled (5-2) that retroactive application of the medical criteria of Florida’s Asbestos and Silica Compensation Fairness Act (“ASCFA” or “the Act”) to claims that accrued before the Act’s effective date is unconstitutional. The Court further ruled that the rest of the Act is not severable from its medical criteria and thus cannot be applied to pre-Act plaintiffs at all.
- July 2011
Reno R. Cova was published in the July 2011 St. Louis Magazine as a Corporate Hero.
- July 1, 2011
The Atlanta and Dallas offices won separate summary judgments for Union Carbide Corporation and The Sherwin-Williams Company in an asbestos case pending in the MDL-875.
- 1st District Court of Appeals of Texas Finds Medical Criteria Bill Unconstitutional When Retroactively AppliedJune 30, 2011
On June 30, 2011, the First Court of Appeals of Texas issued an opinion on the constitutionality of section 90.010(f)(1)(B)(ii)'s requirement of a pulmonary function test for plaintiffs claiming non-malignant asbestos-related injuries. The opinion is fairly narrow and tied to the unusual facts of the case.
- June 21, 2011
When a Dallas law firm faced an emergency this week, it turned to Hawkins Parnell & Young, LLP appellate specialist, Rob Gilbreath, for help.
- June 21, 2011
Through the efforts of Lisa Lazarus, a deposition of an opposing party plaintiff turned in to a stipulation of dismissal of the lawsuit
- June 2011
Claire Weglarz and Kevin Warren were named as 2011 Rising Stars in the Southern California Super Lawyers Magazine.
- June 15, 2011
The Georgia Court of Appeal affirmed summary judgment in favor of clients of Lane Young and Rob Gilbreath in a case alleging lawyers breached their fiduciary duties to a client.
- June 15, 2011
Georgia Court of Appeals affirms HPY's argument that a pathologist's specific causation opinion that each and every exposure contributes to disease does not satisfy the Daubert standard.
- June 11, 2011
Members of the St. Louis Office of Hawkins Parnell & Young, LLP walked in the 13th Annual Susan G. Komen Race for the Cure® on June 11, 2011 in Downtown, St. Louis, Missouri.
- June 6, 2011
The Labor and Employment Team recently obtained a defense verdict on behalf of O'Reilly Auto Parts in a sexual harassment/retaliation trial in front of Judge Jeffrey Hamilton in the Superior Court of Fresno, California.
- May 27, 2011
Last year, a Dallas trial court held a local firm's client in contempt for lying during his deposition in a civil case and threw him jail. The firm turned to HPY appellate specialist Rob Gilbreath for help, and Rob was quickly able to get the client released from jail with an emergency petition for writ of habeas corpus to Texas's Fifth Court of Appeals.
- May 27, 2011
David C. Marshall received a defense verdict on May 27 after a two week trial in Greenville, South Carolina on behalf of a national building products manufacturer sued for wrongful death as a result of asbestos exposure.
- April 30, 2011
HPY was proud to act as Community Sponsors at the 1st Dress for Success Event. The fundraiser and luncheon was hosted by Lone Star Park in Grand Prairie, Texas. Keynote Speaker WNBA All Star Nancy Lieberman addressed the event by relaying tips from her book “Playbook for Success.”
- March 1, 2011
In March 2011, David Marshall and Chris Lang authored an article entitled: "Apportionment of Fault to a Non-Party: Pointing Fingers to Victory." The article was published by the GDLA and appears in the 2011 Law Journal.
- March 2011
- March 2011
A team from Dallas represented over 20 landowners in a nuisance suit to abate the noise from a motocross track in a serene country community.
- January 19, 2011
David C Marshall and William T. Wood, III successfully defended an automobile manufacturer and dealer in a breach of warranty action in Cobb County, Georgia.
- January 12, 2011
The Maricopa County Superior Court dismissed all claims against the firm's client, a design engineering company that provided construction services at the Four Corners Power Plant in Farmington, New Mexico. The ruling stems from HPY's motion for summary judgment arguing that the New Mexico Statute of Repose bars such claims against contractors and design engineers 10 years after substantial completion of their work.
- December 21, 2010
Peter York and Kristin Brock obtained summary judgment in a catastrophic pool diving case in the Northern District of Georgia. The quadriplegic Plaintiff was 29 years old at the time of the incident and had a $10 million life care plan. On December 21, 2010, the Eleventh Circuit of the U.S. Court of Appeals affirmed the trial court's May 2010 ruling.
- December 16, 2010
On December 16, 2010, the Kentucky Supreme Court issued a 31-page opinion preserving a favorable trial verdict accomplished by David Marshall and Eric Ludwig. The case, a wrongful death/product liability lawsuit, alleged plaintiff contracted lung cancer as a result of asbestos exposure in the small town of Benton, Kentucky.
- December 13, 2010
Ed Slaughter won a complete defense verdict on behalf of a national supplier of automotive components in a mesothelioma case pending in Los Angeles Superior Court.
- December 9, 2010
David Marshall and Chris Lang successfully defended a lawsuit alleging personal injury, nuisance, breach of contract, and fraud in the state court of Cobb County, Georgia. The suit involved alleged mold exposure as a result of multiple flooding events at an apartment complex.
- November 2010
The defense litigation law firm of Hawkins Parnell & Young, LLP proudly announces the opening of its newest office in San Francisco, California. Partners Todd Wade and Bill Fountain, formerly of HPY's Austin, Texas office, moved to San Francisco to open the Firm's seventh office nationally and its second in California.
- November 10, 2010
On November 10, 2010 from 1:00 PM to 5:30 PM at the Hilton San Diego Bayfront Hotel in San Diego, California, Hawkins Parnell & Young, LLP will be co-sponsoring the second annual Asbestos Defense Strategic Summit 2010.
- October 12, 2010
On October 12, 2010, Rob Gilbreath presented argument to the Supreme Court of Texas on a novel issue: May a civil court exercise its contempt power to punish a party for committing perjury during a deposition?
- October 6, 2010
Edward Slaughter and Macy Chan obtained summary judgment on behalf of their client, a manufacturer of friction products, in a living mesothelioma personal injury case.
- September 14, 2010
Rob Gilbreath won summary judgment for Liberty International Underwriters (LIU) in a garnishment action filed by a bank that had obtained a $650,000 judgment against LIU's former insured.
- August 20, 2010
David C. Marshall and Chris J. Lang successfully defended a premises liability wrongful death case in the state court of DeKalb County, Georgia.
- August 9, 2010
Matt Barr and Joe Wieseman secured summary judgment on behalf of an Arkansas-based bag manufacturer in defense of a multi-million dollar trademark infringement and civil conspiracy lawsuit.
- August 2010
HPY attorneys Jack Sibley, Carl Anderson, Rob Thompson, and Rob Gilbreath obtained a favorable ruling from the United States Court of Appeals for the Eleventh Circuit on behalf of client Osmose, Inc.
- August 2010
Hawkins Parnell & Young, LLP raised funds to benefit Blue Skies Riding Academy, a local Georgia charity that fosters neglected and abused horses.
- July 27, 2010
David C. Marshall successfully represented a medical engineering firm responsible for de-commissioning an obsolete MRI machine that exploded during its moving.
- July 23, 2010
On July 23, 2010, Kay Andrews was named a winner of the 2010 Austin Business Journal Award for "Profiles in Power/Women of Influence" in Central Texas. Kay was recognized as a woman who has made a difference in her community by blazing new trails and serving in a position of leadership in Central Texas.
- July 12, 2010
Ron Polly and Alex Barfield won a motion for summary judgment on behalf of a defendant employer immediately prior to the start of trial in Louisville, Kentucky.
- July 9, 2010
Lane Young and Rob Gilbreath obtained a summary judgment for the defendants in a breach of fiduciary duties case pending in the Georgia Superior Court for Fulton County. The plaintiff sought recovery of over $4,000,000.
- June 28, 2010
The Supreme Court of Georgia affirmed the summary judgment of legal malpractice claims granted to the clients of Kim M. Jackson, Robert B. Gilbreath and Matthew G. McLaughlin. Plaintiffs had failed to comply with OCGA 9-11-9.1 which requires a plaintiff in Georgia to file an expert affidavit in support of any professional liability negligence claim.
- June 25, 2010
Rob Gilbreath secured an important victory for client Merrill Lynch in a Texas Supreme Court decision issued June 25, 2010.
- June 2010
Claire Weglarz was named as a 2010 Rising Star in the Southern California Super Lawyers Magazine.
- May 2010
Hawkins Parnell & Young, LLP nominated as one of the "Best Places to Work in Dallas-Fort Worth" in a survey conducted by Quantum Workplace, Inc.
- May 2010
Hawkins Parnell & Young, LLP was listed No. 20 on the Atlanta Business Chronicle's Top 50 Law Firms of 2010. Several of the Firm's practice areas were also recognized.
- April 13, 2010
- March 26, 2010
- March 24, 2010
Ed Slaughter and Jason Irvin prevailed on a motion for application of New Mexico law at both the trial and appellate level in a case filed in Phoenix, Arizona.
- March 22, 2010
David Marshall obtained a defense verdict on behalf of a national building products manufacturer of asbestos cement pipe in a wrongful death case.
- January 19, 2010
- December 21, 2009
- December 11, 2009
- November 24, 2009
- November 20, 2009
Al Parnell received a special award in recognition of his 30 years of service to the DRI at the annual DRI Asbestos Medicine seminar. DRI also honored Al in its For the Defense magazine. Cary E. Hiltgen, DRI President, authored an article in the magazine paying tribute to Al's long-standing contributions to DRI. Firm Managing Partner, Jack Sibley authored a tribute article to Al that appeared in the same magazine.
- March 10, 2008
Susan Egeland prevailed in a bench trial before Judge Craig Smith in the 192nd Judicial District Court of Dallas County, Texas.