Header graphic for print
Smith Nobles

Trial Courts

Assisted trial counsel in securing transfer from the Texas Judicial Panel on Multidistrict Litigation of more than 100 fraudulent hospital lien cases to a single MDL pretrial court.

Procured a temporary restraining order and, after an evidentiary hearing, a temporary injunction prohibiting unauthorized access to and disclosure of medical records in violation of state and federal law.

Persuaded a trial court to set aside death-penalty sanctions based upon alleged discovery abuse.

Obtained a new trial after entry of a no-answer default judgment in a case involving a student loan procured by identity theft.

Assisted trial counsel representing a high-profile professional athlete with briefing before an arbitration panel, a trial court, and appellate courts.

Persuaded a trial court to deny a stay of proceedings based on the liquidation of the defendants’ insurer.

Secured a settlement after obtaining relief from from an automatic stay and pursuing summary judgment on client’s breach-of-contract claim against a bankruptcy debtor.

Co-chaired trial in a custody suit resulting in an award of primary conservatorship of minor daughter to father, assisting with jury selection, evidentiary issues, and drafting the jury charge.

Helped trial counsel oppose dismissal of a school district’s action and preserve the trial date in a construction defect case.

Successfully opposed a school district’s efforts to recover attorney fees from civil rights claimants in federal district court.

Provided trial support and handled the charge conference in a dispute between a homeowners association and client over short-term rental of residential property. The association elected not to appeal the final judgment, which was favorable to the client and included an award of attorney fees.

Helped trial counsel achieve a take-nothing summary judgment for the broker, agent, and seller in a real-estate dispute alleging fraud, deceptive trade practices, breach of fiduciary duty, and negligence.

Persuaded a trial judge to modify a partial summary judgment and revive a fraudulent-inducement counterclaim against the opposing party.

Handled the jury charge and other legal issues during trial of a real-estate case resulting in a judgment favorable to the client.

Obtained a judgment of dismissal for an international air carrier based on federal preemption and the Montreal Convention.

Handled the jury charge and charge conference on behalf of a deceased plaintiff in a forklift tipover case, successfully obtaining a new trial when the jury failed to award past disfigurement damages.

Represented a defendant sued twice in state court, successfully removing to federal court, preventing remand, and obtaining consolidation of the cases in federal court.

Assisted trial counsel with briefing in opposition to motion for summary judgment in a real-estate case. The trial court denied opposing counsel’s motion.

Provided trial support in an adversary case in which a bankruptcy trustee sought to recover millions of dollars in inter-corporate transfers. After a two-week trial, the court issued a detailed opinion denying all relief.

Obtained modification of a sanctions order against an attorney, eliminating five-figure penalty imposed as a fine for civil contempt.

On behalf of a plaintiff school district, opposed multiple pleas to the jurisdiction and a motion to sever and abate at a contested hearing that would have effectively terminated the school district’s suit. Obtained post-hearing consolidation of five separate appeals, all of which settled after consolidation.

Represented several independent pharmacist groups as amicus curiae in opposition to a large pharmacy chain’s motion to compel arbitration of a dispute with six independent retail pharmacies.

Persuaded a district court to grant a new trial for a physician who had suffered a summary judgment on both liability and damages in a hospital’s breach-of-contract claim against him.

Served as lead counsel in several arbitration and litigation matters for the administrator of a $1 billion class action involving allegedly defective plumbing systems.