The following briefs follow the legal successes and other professional activities of Brown Sims attorneys over the
past few months

Shareholder Kenneth G. Engerrand chosen as a 2011 Super Lawyer in Texas Monthly Magazine’s October feature issue on the top attorneys in Texas.

Shareholder Michael D. Williams chosen as a 2011 Super Lawyer in Texas Monthly Magazine’s October feature issue on the top attorneys in Texas.

Shareholder Monica Fekete Markovich chosen as a 2011 Super Lawyer in Texas Monthly Magazine’s October feature issue on the top attorneys in Texas.

Shareholder John G. H Davis chosen as a 2011 Rising Star in Texas Monthly Magazine’s October feature issue on the top attorneys in Texas.

Participating Associate Tarush R. Anand chosen as a 2011 Rising Star in Texas Monthly Magazine’s October feature issue on the top attorneys in Texas.

Firm Founder G. Byron Sims chosen as a 2011 Super Lawyer in Texas Monthly Magazine’s October feature issue on the top attorneys in Texas.

Shareholder John G. H. Davis successfully defending the latest appellate attack on a $4.3 million insurance bad faith verdict which was vacated and dismissed for lack of jurisdiction by the Fourteenth Court of Appeals.  The original opinion of the Fourteenth Court of Appeals can be read here. The plaintiff’s petition for review was denied by the Texas Supreme Court.

Shareholder John G. H. Davis successfully defended an accounting malpractice and conspiracy claim against his client. The six week trial was tried in Galveston County, Texas. The jury deliberated for two days before finding that Mr. Davis’ client was neither negligent nor part of a greater conspiracy to defraud the plaintiff. Plaintiff demanded over $3 million from the jury.

Shareholder John G. H. Davis successfully defended the latest appellate attack on a summary judgment rendered in favor of his client in an insurance bad faith case.  The original opinion of the Fourteenth Court of Appeals can be read here. The plaintiff’s petition for review was denied by the Texas Supreme Court.

Shareholder John G. H. Davis successfully defended a physician before the Texas Board of Medical Examiners. The physician was the second physician who had been accused of improperly prescribing medications which were alleged to have caused the patient to suffer a stroke. While the Texas Board of Medical Examiners found some administrative violations related to record keeping, the Board found no causal connection between the patient’s subsequent stroke.

Shareholder John G. H. Davis successfully defended a physician before the Texas Board of Medical Examiners. The physician had been accused of improperly prescribing medications which were alleged to have caused the patient to suffer a stroke. The Texas Board of Medical Examiners found that there was no violation of the standard of care and no causal connection between the patient’s treatment and the subsequent stroke.

Shareholder John G. H. Davis successfully defended an appeal against a summary judgment rendered in favor of his client in an insurance bad faith case.  The opinion of the Fourteenth Court of Appeals can be read here.

Shareholder Mark Clemer obtained a summary judgment in Potter County, Texas, dismissing breach of contract and bad faith claims against an insurance company for denial of coverage in connection with a religious organization’s alleged sexual abuse of a child.

Shareholder Mark Clemer obtained a forum non conveniens dismissal of a maritime personal injury and death case based on an accident that occurred on a mobile drilling rig and oil production platform in the Gulf of Campeche.

Rob Browning succeeded convincing the Beaumont Court of Appeals to reverse Judge Sanderson’s decision regarding the sufficiency of an expert’s report in a medical malpractice case.  After oral argument, the appellate court determined that not only was the expert report insufficient, but it constituted “no report” under Texas law.  The appellate court dismissed the Plaintiff’ ‘claims and the firm’s client was further awarded its attorneys fees and costs. 

Rob Browning succeeded in convincing the Texas Board of Professional Engineers that the firm’s client did not violate the Texas Engineering Practice Act and the Texas Board of Professional Engineers Rules of Practice and Procedure.

Rob Browning won a Motion to Dismiss a healthcare liability claim in Harris County, Texas.  The firm’s client was awarded $19,000.00 in attorney fees and costs.

Rob Browning won a Motion for Summary Judgment in a malicious prosecution case pending in El Paso County, Texas.

Rob Browning succeeded in convincing the State Bar of Texas that the firm’s client did not violate applicable disciplinary rules.  All ethics charges were dismissed with a finding of no just cause.

Shareholder Michael D. Williams and Associate Ryan Kinder obtained a summary judgment based on the “borrowed servant” defense in a wrongful death case involving a pipeline explosion.

Shareholder Monica F. Markovich and Associate James W. Parker obtained a summary judgment for their client in a Defense Base Act claim.  The Administrative Law Judge dismissed the claim with prejudice using the doctrine of judicial estoppel because the claimant failed to disclose her Defense Base Act claim during her bankruptcy proceeding.

Associate Lucia Pazos was sworn in to the District of Columbia bar. 

Shareholder Frank Sioli was appointed to The Florida Bar Admiralty Law Committee for a one year term.

Shareholder John G. H. Davis successfully defended against claims for personal injuries, property damage, and treble damages in Galveston County, Texas, arising out of allegations of bad faith/ DTPA/ and fraud against their clients, a broker and agent.  After a trial on the merits, the court found in favor of Messrs. Davis and Wrubel’s clients and awarded no monies to plaintiff.

Shareholder John G. H. Davis successfully defended against claims for personal injuries and property damage in a jury trial in Harris County, Texas.  Messrs. Davis and Wrubel secured a defense verdict for their client resulting in no monies to the claimant and successfully prosecuted a counter-claim for property damage resulting in a money judgment in favor of their client.   After a trial on the merits, the jury found that Messrs. Davis and Wrubel’s client was not negligent and was entitled to the full fair market value of his property.

Shareholder Mark Clemer obtained an order from a state court in Hidalgo County, Texas dismissing the plaintiff's suit against his client for alleged damages during asbestos removal from a school, and awarding his client $35,000 in attorneys' fees.

Shareholder Mark Clemer obtained a decison from an arbitration panel awarding plaintiff no damages from his client in connection with an accident during a construction project.

Shareholder Monica Markovich  obtained an affirmation from the Benefits Review Board of a favorable ruling by an Administrative Law Judge under the Defense Base Act that the Claimant take nothing in three related claims for mental and physical injuries during employment in Iraq.

Shareholders Michael Williams and Mark Clemer, were called to trial in the U.S. District Court for the Southern District of Texas in a rig fire case involving a demand of over $45 million in property damages allegedly caused by their client, a subcontractor performing services on the rig. At the start of trial, U.S. District Court granted summary judgment in favor of the defendant subcontractor, awarding it indemnity against the Plaintiff.

Shareholder Nelson Skyler defended a plumbing company in a negligence action for water damage in an upscale condominium resulting from a pipe leak.  The case went to arbitration.  The three person arbitration panel found no negligence on the part of the plumbing company.  The plaintiff received nothing.

Shareholder Mark Clemer obtains a summary judgment dismissing all claims against a chemical manufacturer defendant in a toxic tort wrongful death suit in Brazoria County, Texas.

Shareholder Monica Markovich presented a paper entitled "Unique Issues in Determining Average Weekly Wage Under the Defense Base Act" at the annual Longshore Conference sponsored by Loyola Law School.

Shareholder Monica Markovich defeated a Claimant’s pursuit of benefits for a low back injury in two claims falling under the Longshore and Harbor Workers’ Compensation Act.  The Administrative Law Judge denied the Claimant’s claims for injuries to his back while working for a stevedoring company in the Houston, Texas area.

Shareholder Mark Clemer obtains reversal on appeal of the trial court’s order finding personal jurisdiction over a foreign defendant in contract litigation in Corpus Christi, Texas.

Brown Sims, P.C. is pleased to announce that Allen Hemphill have been named as shareholders of the firm, and that Miles Klaff has been promoted to a participating associate.

Shareholder Monica Markovich obtained a ruling under the Defense Base Act that the Claimant take nothing in three related claims for mental and physical injuries during employment in Iraq..

Shareholder Nelson Skyler and Associate Tarush R. Anand succeed in obtaining final summary judgment on behalf of a water company.  The plaintiff was a homeowner who claimed her house burned down because a fire hydrant in front of her property had been turned off, allegedly by the water company. The Court agreed that the water company owed the plaintiff no duty, and hence could not have been negligent.

We are pleased to announce the expansion of the firm with the opening of a fully staffed office in Miami, Florida. Shareholder Frank J. Sioli is based at the Miami office, which opened February 12, 2007.

G. Byron Sims and  Michael D. Williams obtained a denial of certification by the U.S. Supreme Court on Plaintiff's appeal of their prior Judgment in favor of their client, Air France obtained from the U.S. District Court and upheld by the 5th Circuit Court of Appeals.

Brown Sims Founder and Shareholder G. Byron Sims is selected a Texas Super Lawyer for the third year. Super Lawyers comprise the top five percent of the state’s practicing attorneys.

Shareholder Cynthia Galvan wins a defense verdict for a maritime employer whose employee claimed total and permanent disability after falling 20 feet into the hold of a ship. The court finds that despite the plaintiff’s multiple injuries, two substantial back surgeries and claims of pain, he is capable of returning to work in some capacity.

Shareholder Monica Markovich presents a paper entitled "Legal Issues Unique to Defense Base Act Claims: Determining Average Weekly Wages For Injured Workers" at the annual Longshore Conference sponsored by Loyola Law School.