Houston, TX
Appeals Lawyer at Houston, TX
Practice Areas: Appeals, Litigation
OUTCOME: Affirmed
Represented a class of immigrant detainees before the Fifth Circuit Court of Appeals concerning the applicability of the federal Trafficking Victims Protection Act to a private prison company accused o ... f requiring forced labor.
OUTCOME: Verdict for Plaintiff - approximately $4 million
Represented plaintiff as appellate co-counsel in case dealing with the Texas Medical Liability Act, issues of premises liability, hospital liability, and client suffering traumatic brain injury and sig ... nificant damages. Argued for "eggshell plaintiff" instruction, numerous evidentiary motions, defeated motions for summary judgment and new trial.
OUTCOME: Reversed and remanded
Appeal from summary judgment based upon exclusion of expert testimony in context of pharmacy malpractice. Issues included defining standard of care for pharmacy practice where regulation and profession ... al standards provide different guidelines.
OUTCOME: Affirmed
Petition for review to Texas Supreme Court granted in case concerning wrongful death and premises liability of governmental entity. Case argued before Supreme Court of Texas.
OUTCOME: Affirmed and reversed, in part
Appeal from million dollar plus judgment based upon factual sufficiency, legal sufficiency, and numerous other grounds.
OUTCOME: Affirmed
Appeal by employer of verdict in workers' compensation retaliation claim. Plaintiff Barousse was awarded $665,000 in compensatory damages by the trial court. Hertz attacked the factual and legal suff ... iciency of the evidence.
OUTCOME: Summary Judgment for Defendant
Injured contractor filed suit in federal court against an oil platform operator under OCSLA for injuries incurred in slip-and-fall accident. Plaintiff sought damages in excess of $1 million. Operator ... moved for summary judgment based upon Chapter 95 of Texas Civil Practice and Remedies Code due to lack of control over details of contractor's work.
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