Abutahoun v. The Dow Chemical Co., 463 S.W.3d. 42 (Tex. 2015).
Jan 01, 2015OUTCOME: win
On appeal, Herrick obtained a reverse and render of a $9 million asbestos plaintiff's verdict on Chapter 95 grounds.
David Philip Herrick's Legal Cases (23)
Dallas, TX
Appeals Lawyer at Dallas, TX
Practice Areas: Appeals, Litigation, Mesothelioma & Asbestos
Cannon v. BP Products North America, Inc., 2013 WL 5514284 (S.D. Tex. Sept. 30, 2013).
Sep 30, 2013OUTCOME: win
Class action relating to oil refinery emissions and property damage. Herrick successfully excluded on Daubert grounds the plaintiffs' property damage expert, resulting in an opinion denying class cert ... ification.
Steiner v. Volkswagon Group of America, Inc., No. BN36532 (Cal.App. 2 Dist 2013)
Jan 01, 2013OUTCOME: win
On appeal, Herrick successfully defended a defense verdict in California state court in which the plaintiff attributed his lung cancer to asbestos exposure.
Pounders v. Enserch E&C, Inc., 306 P.3d 9 (Ariz. 2013).
Jan 01, 2013OUTCOME: win
On appeal, Herrick successfully defended a summary judgment in Arizona state court applying the New Mexico statute of repose to find that plaintiffs' asbestos claims were barred.
Bailey v. Gallagher, 348 S.W.3d 322 (Tex.App.--Dallas, 2011, pet. denied)
Jan 01, 2011OUTCOME: win
Obtained directed verdict in breach of fiduciary duty case in which 41 fen/phen plaintiffs sued their attorneys; successfully defended result on appeal.
Smalley v. Pneumo Abex, LLC, No. B223233 (Cal.App. 2 Dist. 2011)
Jan 01, 2011OUTCOME: win
On appeal, Herrick successfully defended a summary judgment in California state court based upon hearsay objections to asbestos product identification testimony.
Mobil Oil Corp. v. Bailey, 187 S.W.3d 265 (Tex.App.--Beaumont 2006, pet. denied)
Jan 01, 2006OUTCOME: win
The first appellate decision in the asbestos litigation in which judgment was rendered for an asbestos defendant on Daubert grounds.
Marsch v. Exxon Mobil Corp., 2005 WL 2246006 (E.D. Mo. 2005)
Jan 01, 2005OUTCOME: win
Obtained final summary judgment by successfully excluding on Daubert grounds plaintiff's causation experts in personal injury case in which the plaintiff alleged low platelet count from petrochemical e ... xposure.
Fraud-Tech, Inc. v. Choicepoint,102 S.W.3d 366 (Tex.App.--Ft. Worth 2003, pet. denied)
Jan 01, 2003OUTCOME: win
Obtained summary judgment for Choicepoint, Inc. after successfully urging the exclusion of the plaintiffs' damages experts on Daubert grounds in contract dispute in which plaintiffs alleged $17 million ... in lost profits; successfully defended Daubert result on appeal.
Smith v. Minnesota Mining & Mfg. Co, 2002 WL 32264 (Cal.App. 4 Dist. 2002)
Jan 01, 2002OUTCOME: win
affirming take nothing judgment for breast implant manufacturer on Frye grounds where methodology of plaintiff's causation expert not generally accepted
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