International Brotherhood of Electrical Workers v. Beaumont Independent School District

MehaffyWeber successfully defended a Texas school district against breach of contract claims made by contractors hired to work on various public works projects. MehaffyWeber attorneys obtained a summary judgment in their client’s favor.

More Info: International Brotherhood of Electrical Workers Local 479, James Doty, et al vs. Beaumont Independent School District, et al; Cause No. E-185,886; 172nd United States District Court, Jefferson County, Texas

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Dewayne Rogers Logging, Inc. v. Deere & Company

MehaffyWeber successfully represented a Fortune 100 company in a product liability lawsuit regarding heavy equipment used in the logging industry. The plaintiff was the insurance company of a logging company that purchased an excavator with a logging attachment. Several years later, the machine caught fire and was totally destroyed. The plaintiff argued that a defect in the machine resulted in the fire; however, Mr. Heyburn obtained a dismissal based on no evidence of manufacturing or design defect as well as the economic loss rule. He successfully defended the appeal through the Texas Supreme Court.

More Info: Dewayne Rogers Logging, Inc. v. Deere & Company, 299 S.W.3d 374, 391 (Tex. App.-Tyler 2009, pet. denied, October 21, 2011 ) (the Texas Supreme Court denied plaintiff’s petition for review after requesting full briefs on the merits).

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United Steel, Paper and Forestry, Rubber Manufacturing, Allied Industrial and Service Workers International Union, Local 13-243 (Union) and American Valve & Hydrant Manufacturing Company (Employer) FMCS Case No 180808-07201

MehaffyWeber prevailed in this labor arbitration and proved that the termination of the employee who argued he was on medical leave when he was out of state was with just cause.

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Opal Burch v. Clemtex, Ltd

MehaffyWeber received a defense verdict in this silicosis case after a two week trial. The strategy of utilizing treating radiologists convinced the jury that the plaintiff did not have a silica disease, even though multiple doctors said that the plaintiff died from silicosis. The case was appealed and the verdict was upheld on appeal.

More Info: Opal Burch V. Clemtex, Ltd., No. A-860,200, In the District Court of Orange County, Texas

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Clark Collins v. Wm. Powell

In one of the first Texas bare metals defense cases, the Federal Court concluded that valve manufacturer owed no duty under Texas law on theories of strict liability and negligence to warn of alleged dangers arising from use of asbestos flange gaskets and asbestos external insulation in connection with valves made by equipment manufacturer when equipment manufacturer did not supply flange gaskets and did not supply insulation.

More Info: No. 4:13;CV;1183; Clark Collins v ABB, Inc., et al, in the United States District Court, Southern District of Texas, Houston Division.

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In Re: Texas State Silica Products Liability Litigation Appeal from 333rd District Court of Harris County

Plaintiff’s attorney challenged the constitutionality of the silica medical criteria directly on appeal through a permanent injunction. Barbara Barron and Frank Domino filed a motion to dismiss for lack of standing and ripeness, which the Court of Appeals agreed with and dismissed the appeal. The plaintiff attorney then submitted over 100 medical reports; the firm organized the defense effort to object to all reports arguing that the medical reports did not satisfy the statute. The trial court sustained all objections and dismissed over 100 plaintiff claims and the plaintiff appealed. The Court of Appeals upheld the dismissal. A motion for rehearing is still pending.

More Info: In the Court of Appeals for the First District of Texas, No. 01-15-00251-CV In Re: Texas State Silica Products Liability Litigation on appeal from the 333rd District court Harris County, Texas Trial Court Case No. 2004-70000

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