News & Events Archive

Douglas R. Simek has joined the Dallas office. Simek brings more than 15 years of experience as a trial lawyer and litigator defending corporations in complex product liability and toxic tort litigation.

Hawkins Parnell Thackston & Young LLP obtained a unanimous defense verdict for a major manufacturer of automobiles in a high-risk breach of warranty case in the Superior Court of California for Los Angeles County. 

Bryan Grantham  won a defense verdict in an automobile accident case in Bibb County, Georgia.

It is with deep sadness that Hawkins Parnell Thackston & Young LLP announces the passing of our beloved partner and dear friend, H. Lane Young, II. His loss will be deeply felt within the firm as well as among his professional colleagues and many friends across the country. 

Last month, the Supreme Court added BNSF v. Loos to the October term, scheduling a resolution to the issue of whether a railroad’s payment to an employee for time lost from work is subject to employment taxes under the Railroad Retirement Tax Act. Far from a one-off tax matter, the case impacts thousands of claims from railway workers each year and raises interesting questions about history, statutory construction, and the proper deference to administrative agencies.

The Supreme Court granted a petition for writ of certiorari on an issue of great consequence in asbestos litigation — the bare metal defense. Although the Court will decide this critical issue under maritime law alone, its decision will have implications far beyond cases involving this particular body of law.

The Supreme Court of Arizona affirmed the lower court judgments in favor of Alcoa in a case involving “take-home” exposure to asbestos.

The firm won a significant victory in Middlesex County, New Jersey, obtaining a full dismissal of a cosmetic talc personal injury lawsuit brought on behalf of a Florida resident.

Amy Welborn was elected to a three-year term on the State Bar of Texas Board of Directors.

Taylor Yetter in the Austin office was selected to be a member of the Austin Young Lawyers Association: Leadership Academy.

Robert B. Gilbreath secured the reversal of a class certification involving potentially hundreds of persons who worked in the City Hall Annex in New Orleans, Louisiana. The plaintiffs claim that release and exposure of chemical fumes caused them to suffer various maladies. HPTY’s client, NID Corporation argued that class certification was improper. 

Claire Weglarz and Elizabeth Branham won a motion to quash service in California for lack of personal jurisdiction on behalf of HPTY’s client, a national cosmetic company.

Justices of the First Court of Appeals in Houston, Texas heard arguments in Biederman v. Brown. The appeal arises from Christine Biederman’s intervention in the Brown case which was originally filed in 1993 in Travis County, Texas. Biederman, an attorney and freelance journalist, intervened to unseal a 20-year old deposition transcript of Russell Budd’s testimony regarding the Baron & Budd law firm’s creation and use of the infamous “Terrell Memo.” 

Bryan Grantham obtained summary judgment for a local grocery store owner in Adel, Georgia, in a case arising after a customer injured herself while fleeing from a small snake that she saw in the store. 

Claire Weglarz secured a defense verdict for a manufacturer of sealing products in a wrongful death mesothelioma case pending in the Superior Court of Washington in King County.

Hawkins Parnell Thackston & Young LLP secured summary judgment in a case involving listeria poisoning from allegedly contaminated peaches. 

Christine Mast and Bryan Grantham obtained a dismissal in the United States District Court for the Northern District of Georgia on behalf of a law firm being sued for alleged violations of the Fair Debt Collection Practices Act (FDCPA).

Christine Mast and Bryan Grantham secured summary judgment in a complex legal malpractice case in Fulton County, Georgia.

After a three-week trial in Pennsylvania, Hawkins Parnell Thackston & Young LLP secured defense verdicts for two different defendants.

Seventeen lawyers from Hawkins Parnell Thackston & Young LLP have been selected by their peers for inclusion to The Best Lawyers in America© 2018.

Robert E. Thackston is elected chairman of the firm’s executive committee. He will lead the firm’s strategic direction and head an executive team that oversees 10 offices with 160 attorneys and 225 professional staff.

The City of Dallas appealed a trial court’s ruling that the DPFPS may maintain its claim for pension contributions in connection with a lawsuit by current and former first responders seeking backpay from the City. 

Austin Lawyer spoke with trial lawyer Amy Welborn as the incoming president to the Austin Bar Association.

On June 20, 2017, Justice Peter Moulton, Administrative Judge and Coordinating Justice of the New York City Asbestos Litigation (“NYCAL”), issued a new Case Management Order and an accompanying Decision and Order.

Hawkins Parnell Thackston & Young LLP secured vacatur of Louisiana court order purporting to certify a class of potentially hundreds of persons who worked in the City Hall Annex in New Orleans.

Catherine E. Goldhaber has joined the firm as partner-in-charge of HPTY’s Chicago office. Goldhaber brings more than 15 years of experience defending claims related to product liability, exposure to toxic substances and transportation-related injuries.

Hawkins Parnell Thackston & Young LLP won a defense verdict in a wrongful death mesothelioma case pending before Judge Seligman in the Superior Court of California for Alameda County. Trial lawyers Bill Fountain and Claire Weglarz represented John Crane Inc.

The Delaware Supreme Court has affirmed a summary judgment rendered in favor of Hawkins Parnell Thackston & Young’s client Reichhold Incorporated, one of the world’s largest suppliers of resin products.

In Cynthia Marie Vespa v Singler-Ernster Inc., et al., 16-cv-03723-RS, Judge Richard Seeborg of the U.S. District Court for the Northern District of California denied a motion to dismiss filed by Peter Singler, Jr., as well as separate motions to dismiss filed by Singler-Ernster, Inc. and Carol S. Singler.

ATLANTA, February 17, 2017 – Twenty lawyers from Hawkins Parnell Thackston & Young LLP have been recognized in the 2017 edition of Georgia Super Lawyers. Super Lawyers, part of Thomson Reuters, evaluates lawyers through a patented multiphase selection process involving independent research, peer nominations, and peer evaluations. 

Hawkins Parnell Thackston & Young LLP obtained a defense verdict at the conclusion of a bench trial before the Honorable James DeLuca of the New Jersey Superior Court of Bergen County. Roy Viola was lead counsel to the homeowner who sold the property in question and was ultimately responsible for the replacement of the septic system.

Hawkins Parnell Thackston & Young LLP obtained a complete defense verdict in the United States District Court for the District of New Mexico on behalf of Deans, Inc., a full service industrial electrical services provider. HPTY attorneys Lane Young and Jason Irvin represented Deans in this hard fought case against the premiere subrogation firm, Cozen O’Connor.

In a matter considering the requisite expert evidence on the issue of causation in a mold exposure, personal injury case, the Georgia Court of Appeals reversed a trial court’s denial of a Motion for Summary Judgment of a remediation contractor. The Court concluded that the expert testimony causation standards recognized by the Georgia Supreme Court in Scapa Dryer Fabrics, Inc. v. Knight, 299 Ga. 286, 291 (2016), a case considering the expert testimony standard in an asbestos exposure case, applied to mold exposure cases.

Tracy Cowan of the St. Louis office of Hawkins Parnell Thackston & Young LLP ("HPTY"), with assistance from Karen Volkman, Melissa Vaughn, Katie Doll, and David Hartung, obtained summary judgment on behalf of Volkswagen Group of America, Inc. (“Volkswagen”), in the City of St. Louis, Missouri, in a case alleging wrongful death as a result of asbestos exposure through Decedent’s alleged work as a brake mechanic at Volkswagen dealerships in Missouri and California.  

David Marshall and Chris Lang secured a favorable verdict representing an apartment complex where the plaintiff fell from his third floor balcony rendering him a paraplegic; he was subsequently shot a few months later during a home invasion in the same complex.

The firm is pleased to announce the election of five attorneys to its partnership with the promotions of Mark D. Debrowski, Sara T. Murphy, Alfred J. Sargente, Melissa A. Vaughn, and Roy F. Viola, Jr. 

The Arkansas Supreme Court affirmed the dismissal of a mesothelioma civil lawsuit brought by the spouse and estate of a client’s former employee holding that the Arkansas Workers’ Compensation Act provides the exclusive remedy for such claims, including cases where a successful limitations defense is asserted before the Workers’ Compensation Commission.

Thomas W. Burch III has joined the San Francisco office as a partner. Burch brings more than 30 years of experience as a trial lawyer and litigator defending corporations and individuals in complex litigation involving product liability, toxic tort, environmental, and commercial disputes.

Bill D. Fountain and Claire C. Weglarz secured a defense verdict for a sealing product manufacturer in the Superior Court of California, County of San Francisco.

Edward M. Slaughter persuaded the Twelfth Court of Appeals of Texas to reverse a trial court’s decision under the Texas Citizens Participation Act, often referred to as the anti-SLAPP act. 

The Arizona Court of Appeals ruled that an employer owes no duty of care to the child of an employee who is exposed to asbestos brought home on an employee's clothing. Edward M. Slaughter argued before the court on behalf of the defendants/appellees.

Tracy J. Cowan secured a defense verdict on behalf of Volkswagen Group of America after a four-week trial in the City of St. Louis, Missouri.

Sixteen lawyers from Hawkins Parnell Thackston & Young LLP have been selected by their peers for inclusion to The Best Lawyers in America© 2017.

Carl H. Anderson obtained a dismissal on behalf of Prime Factors, Inc. in a patent infringement case pending in the U.S. District Court for the Northern District of California.

Claire C. Weglarz and Kimberly Solomon secured a defense verdict on behalf of Kelly-Moore Paint Company after a four-week trial in the Superior Court of California, County of Los Angeles.

Albert H. Parnell and Frances Lopez secured a defense verdict in Highland County, Florida for CertainTeed, a leading building products company.

Peter R. York and L. Kristin Brock obtained a dismissal of all claims against Defendants after nearly five years of litigation in a negligence and breach of contract case.

HPTY has elected four attorneys to its partnership from the Los Angeles, New York, St. Louis, and San Francisco offices.

David R. Johanson, Douglas A. Rubel, and Rebecca D. Takacs of Hawkins Parnell Thackston & Young LLP secured a favorable ruling on a motion to compel discovery in an Employee Stock Ownership Plan and Trust (“ESOP”) case pending in the United States District Court for the Eastern District of Wisconsin.

On April 15, 2016, Hawkins Parnell Thackston & Young LLP’s (HPTY) client, a national retailer, was granted the dismissal of a real property damage claim by the United States District Court for the Eastern District of Kentucky. Eric A. Ludwig and S. Christopher Collier of the Atlanta office defended the claim for the Georgia based retailer.

Edward M. Slaughter has been named chair of the firm’s toxic tort and environmental litigation group. He will lead a group of more than 90 attorneys that defend clients as local, regional, national coordinating and national trial counsel.

Ranelle M. Meroney and Amy C. Welborn have joined HPTY’s expanding Austin office as partners. Together they bring more than 54 years of experience as litigators and trial lawyers defending corporations, premises owners and individuals, primarily in the areas of premises liability, construction, employment, and business disputes.

Susan Egeland has been named a Rising Star in the 2016 edition of Texas Super Lawyers. This exclusive list recognizes no more than 2.5 percent of the lawyers in the state of Texas.

Seven lawyers from the firm’s Atlanta office have been recognized as a Rising Star in the 2016 edition of Georgia Super Lawyers.This exclusive list recognizes no more than 2.5 percent of the lawyers in the state of Georgia.

Christopher C. Ege will be promoted to Partner-in-Charge of HPTY’s Austin office. 

Edward Slaughter, Saxon Guerriere, Macy Chan and Andrea Holmgreen won a complete defense verdict for HPTY's client after 3 weeks of trial in Torrance, California.

Join Hawkins Parnell Thackston & Young LLP in partnership with Bloomberg BNA, MassMutual Northern California and One Wealth Management for this half-day seminar featuring tips from ESOP companies and experts who advise in the creation and management of them.

Following a six week jury trial before Judge Julia Spain in the Alameda County Superior Court, a 12 panel jury found in favor of John Crane Inc. on several asbestos-related product liability claims .

On September 22, 2015, HPTY’s client, a manufacturer of brake linings, received a defense verdict in a case involving a career automotive mechanic and former Navy engineman. At the end of closing argument, Plaintiff's counsel asked the jury to award over $30 million dollars in compensatory damages.

On September 8, 2015, the Georgia Supreme Court granted a petition for certiorari filed by HPTY attorneys Rob Gilbreath and Lane Young seeking review of the Court of Appeals’ decision in Scapa Dryer Fabrics, Inc. v. Roy and Milva Knight.

On August 18, the Texas Court of Appeals reversed all but a small portion of an approximately $36 million judgment against HPTY clients Roscoe White and White Ventures Energy LLC.

Seventeen lawyers have been selected by their peers for inclusion toThe Best Lawyers in America© 2016. Michael Goldman was named theBest Lawyers® 2016 Professional Malpractice "Lawyer of the Year" in Atlanta.

Hawkins Parnell Thackston & Young LLP continues to strengthen its partnership and overall litigation practice with the recent promotions of Todd C. Alley, Eric T. Hawkins, and Debra E. LeVorse.

HPTY’s David R. Johanson, Rachel J. Markun, and Douglas A. Rubel represent Herbert C. Bruister, a former trustee of the Bruister & Associates Employee Stock Ownership Plan and Trust (the “ESOT"), who filed an opening brief in the United States Court of Appeals for the Fifth Circuit on Friday June 26, 2015.

Macy Chan has been selected to Southern California Rising Stars’ Top 50 Up-and-Coming Women Lawyers.

Martin Levinson, a partner in the Atlanta office of Hawkins Parnell Thackston & Young LLP, was elected to the board of directors for the Georgia Defense Lawyers Association.

HPTY announced the launch of a strategic initiative to transform its IT operations, upgrading legacy infrastructure to a more secure and cost-effective system and shifting firm-wide IT support to a managed service model under a multi-year, $40 million relationship with Elevate Services, Inc., a Chambers-ranked, global legal service provider.

Ed Slaughter and Saxon Guerriere along with other defense counsel obtained a favorable verdict after a four day jury trial in Texas

On March 24, 2015, Alan Herman secured a directed verdict after a twelve-day jury trial before the Superior Court of Connecticut in Hartford County.

Randi Warren was accepted into the Georgia Association of Black Women Attorneys (GABWA) Professional Development Academy. This four week professional development program provides participants the unique opportunity to engage top lawyers and leaders from various industries.

On January 29, 2015, Kate Whitlock from the Atlanta office won a defense verdict and was awarded attorney’s fees by a Fulton State Court jury. HPTY’s client, a company that owns and manages apartment communities, was the target of a lengthy and active lawsuit by one of its former tenants.

In a take-home asbestos case pending against a premises client of HPTY in the Eastern District of Tennessee, United States Magistrate Judge, Clifford Shirley, Jr., excluded unsupported industrial hygiene opinions of the plaintiff’s expert, Dr. Vernon E. Rose.

Best Lawyers spoke with legal malpractice powerhouses Christine Mast from our Atlanta office and plaintiff attorney Charlotte Perrell, two preeminent Atlanta attorneys who were named 2015 “Lawyer of the Year” for their respective side of the bench.

The Third Circuit Court of Appeals affirmed a 2013 decision by Judge Eduardo Robreno in the United States District Court for the Eastern District of Pennsylvania dismissing a take-home multi-substance toxic exposure case brought by the spouse of a former employee of their client.

Barret Marshall and Matt Sapp successfully defended a civil action brought by a former employee against an HPTY client based on the exclusivity provision of the Arkansas Workers’ Compensation Act.

Hawkins Parnell Thackston & Young LLP is pleased to announce the opening of the firm’s ninth office in Napa, California with the arrival of four employee benefit, ERISA, litigation, transactional, and ESOP attorneys from Jackson Lewis P.C. The team includes David R. Johanson, Rachel J. Markun, Douglas A. Rubel (based in Atlanta), and Teresa Y. Huang.

HPTY secured a unanimous defense verdict in the United States District Court for the Central District of California (Los Angeles) for John Crane Inc. The decedent, worked as a pipefitter at three San Diego-based shipyards from 1960 to 1975 and testified that our client's gaskets were the primary products he used throughout this time. 

On October 15, 2014, the client’s trial attorneys persuaded a jury to award $7.4 million as the value of the reversionary interest.

The Supreme Court of Texas denied review in a case where HPTY clients will now be entitled to recover well in excess of $40 million dollars in light of the court’s ruling.

Evelyn Fletcher Davis, a senior partner from the Atlanta office of Hawkins Parnell Thackston & Young LLP, was recognized by the Georgia Diversity Council as one of Georgia’s Most Powerful and Influential Women in 2014 for her leadership and impact within the legal community across the state. 

Evelyn Fletcher Davis and Allison Bloom of Hawkins Parnell Thackston & Young LLP are working with President Patrice Perkins of the State Bar of Georgia and the Clerk of Superior Court in Muscogee County to institute the iCivics program into the Georgia public school system.

Hawkins Parnell Thackston & Young LLP (HPTY) announced that the New York office has relocated to 600 Lexington Avenue at 52nd Street. HPTY will occupy 12,500 square feet on the entire eighth floor in this premier office building, a block away from the Seagram’s Building on Park Avenue and the Citicorp Building on Lexington.

Fifteen lawyers from HPTY have been selected by their peers for inclusion toThe Best Lawyers in America© 2015.

HPTY partner Rob Gilbreath obtained a major appellate victory in a legal battle between television and radio media companies.

Robert Thackston and Barret Marshall argued three Daubert motions on August 5 in the United States District Court for the Eastern District of Tennessee, in Knoxville, TN.

After four months of trial, Robert Thackston and Paula Pendley received a dismissal in Torrance Superior Court on behalf of HPTY’s client, a manufacturer of gasket and packing products.

Hawkins Parnell Thackston & Young LLP has elected six lawyers to the partnership from the firm’s Atlanta, Dallas, and Los Angeles offices.

On July 11, 2014, The Supreme Court of Texas issued its opinion in Bostic v. Georgia-Pacific Corp.  The opinion by Justice Willett rejects the “any exposure” theory of liability, and holds that the standard of substantial factor causation recognized in Borg-Warner Corp. v. Flores applies to mesothelioma cases.

After more than 50 years of silence on shareholder oppression claims, the Texas Supreme Court issued a 54 page opinion rejecting such claims except to the extent they seek the limited statutory remedy of a rehabilitative receivership.

After more than 50 years of silence on shareholder oppression claims, the Texas Supreme Court issued a 54 page opinion rejecting such claims except to the extent they seek the limited statutory remedy of a rehabilitative receivership. HPTY appellate specialist Rob Gilbreath represented the prevailing parties in the case.

Warner Fox and Shane Keith obtained a defense verdict in a personal injury suit tried before Judge Totenberg in the United States District Court for the Northern District of Georgia.

David Marshall from the Atlanta office was appointed chair of the Judicial Relations Committee of the Georgia Defense Lawyers Association (GDLA).

After two days of trial in the Superior Court of Fulton County, David Marshall, Debra LeVorse, and Marcus Wisehart received a dismissal for HPTY’s client, a national hospice provider in Georgia.

On April 17, 2014, HPTY received a defense verdict for a client that manufactures fluid sealing devices.

On April 4, 2014, HPTY’s client, a manufacturer of brake linings, received a defense verdict in one of the most challenging friction cases the firm has seen in 38 years of asbestos litigation. With no alternative exposure, Plaintiff alleged her late husband developed pleural mesothelioma caused by asbestos exposure from HPTY's client's products while he was working in a brake and clutch remanufacturing plant, Ace Brake Supply, in Los Angeles beginning in the mid-1950s.

Ron Polly, Matt Boyd, Will Ellis, and Amy Boring obtained summary judgment in a breach of contract and unlawful acts/ultra vires case for the City of East Point.

Shane Keith, a partner in the Atlanta office, was quoted in the cover article of this month's edition of Units Magazine, "Who's the Victim? Cracking the Credit Score Case."

Christopher Collier will Co-Chair HarrisMartin's Southeast Asbestos Litigation Conference this year held in Charleston, South Carolina on March 26, 2014. Jason J. Irvin and Albert H. Parnell will serve on panels.

After a four-day trial before Judge William Ison in the Superior Court of Fulton County, David Marshall and Debra LeVorse received a favorable verdict for HPTY’s client, a national specialty property and casualty insurance company.

Matt Barr obtained a defense verdict following a 6 day trial in Fulton County for Quest Diagnostics.  The case was retried following a large Plaintiff verdict two years ago.

Matt Barr obtained a defense verdict following a week-long trial in Forsyth County for CVS Pharmacy. The Plaintiff, Mr. Bauer, slipped on some gravel in the parking lot of an Alpharetta CVS store in this premises liability case.

Mark Hilliard and Paula Pendley, with assistance from Macy Chan, obtained a dismissal with prejudice in a trademark infringement case on behalf of HPTY's client, a social media marketing company based in Los Angeles, California. 

Margaret Droppleman, Tim Jones, Ollie Harton, Albert Parnell, and Camille Smith have successfully concluded over 70 asbestos cases for 10 clients at the quarterly Trial Setting in Wheeling, West Virginia.

Christopher Collier, Ollie Harton, and Shane Keith are serving as faculty in the Kessler-Eidson Program for Trial Techniques at Emory University School of Law. The program provides all second-year students with a foundation in oral advocacy.

Ollie Harton and Catherine McCormack tried a peritoneal mesothelioma case in Dade County, Florida on behalf of HPTY's clients, Discount Auto and Advance Auto.

Barret Marshall and Matt Sapp secured dismissals for two clients in a case involving allegations that a former longtime Arkansas State Representative, Harold Landers, contracted lung cancer from asbestos exposure while employed by HPTY’s clients prior to entering politics.

HPTY received a defense verdict for a client that manufactures fluid sealing devices in a case that involved a plaintiff with pleural mesothelioma alleging asbestos exposure as a pipe-fitter at Todd Pacific Shipyard in Long Beach, Gulf Oil in Santa Fe Springs, and Unilever (Lever Bros) in Commerce. Although the plaintiff sued over 40 defendants, only two remained at the time of verdict.

Barry Schirm and Macy Chan prevailed on a motion for summary adjudication of a punitive damage claim in Los Angeles County on behalf of their client, a manufacturer of friction material used in brakes and other products which contained asbestos in the past.

HPTY represented Kelly-Moore Paint Company from California in a dismissal for lack of personal jurisdiction in an upstate New York asbestos case.

Ed Slaughter, Jason Irvin, and Saxon Guerriere won summary judgment in the United States District Court for the Northern District of Illinois for a prominent design, engineering, and construction company.

Beverly Bond, Barret Marshall and Matt Sapp obtained a dismissal order in a complex take-home multi-substance toxic exposure case brought on behalf of the deceased spouse of a former employee of their client.

Carl Anderson was retained to assist trial counsel in drafting a Brief of Appellee for the United States Court of Appeals for the Eleventh Circuit in an Alabama legal malpractice case.

Macy Chan and Elisabeth Bond have been named to the Inaugural Hot List for Lawyers of Color, which recognizes early- to mid-career attorneys who are excelling in the legal profession.

Carl Anderson and Sally Bright obtained a reversal of an administrative law judge’s decision upholding Georgia Environmental Protection Department  decision to hold their client liable for clean-up costs in a Georgia Hazardous Site Response Act case in the Fulton County Superior Court from Judge Alfred Dempsey.

Alan Herman won a dismissal without payment on behalf of a manufacturer of water heaters in a product liability case pending in Santa Clara, California.

Thirteen lawyers from HPTY were selected as 2014 Best Lawyers in America by their peers for inclusion in the 20th Edition of The Best Lawyers in America in their various practice areas

Ed Ulloa, Macy Chan and Katie Benton prevailed on a motion for summary adjudication of three of Plaintiff’s claims, including False Representation, Intentional Tort/ Intentional Failure to Warn and Punitive Damages in Los Angeles County on behalf of their client, a manufacturer of friction material used in brakes and other products which contained asbestos in the past.

HPTY is pleased to announce that Edward P. Abbot, Mark D. Debrowski, Sara Murphy, Alfred J. Sargente, and Roy F. Viola, Jr., all formally of Smith Abbot LLP, have joined HPTY as of August 1, 2013.

In January 2012, Robert Thackston and Claire Weglarz obtained a favorable verdict for their client in a personal injury mesothelioma case. Plaintiffs appealed and challenged the jury’s allocation of the verdict and argued that HPTY’s client should be held entirely liable.

In a case addressing the Workers’ Compensation Act exclusivity bar, the Arkansas Supreme Court held as a threshold matter that it is improper to address arguments that a civil court can exercise jurisdiction over occupational disease claims unless a claimant adjudicates all claims before the Workers’ Compensation Commission

The article is a national survey of the application of construction statutes of repose and their applicability to latent disease cases. The article also touches on the elimination of the discovery rule in cases where the statute of repose is applicable and constitutional concerns relating to the elimination of a plaintiff's cause of action before an injury is, or can be, discovered. 

Edward Slaughter and Lindsey Mears will be published in the June 2013 edition of the Defense Research Institute ("DRI"): For the Defense magazine. The article is entitled, "Rest Easy: Latent Disease and the Construction Statute of Repose."

House Bill (HB) 1325 has now been signed in the House and the Senate and is on its way to the Governor for signature. This bill attempts to clean out the huge docket of inactive silica and asbestos claims that have been "frozen" in the Texas MDL since legislation of 2005.

Peter York, Lane Young, and Kristin Martin obtained a defense verdict in an occupational exposure case they tried for a week and a half in the State Court of Fulton County, Georgia.

Favorable verdict for a major national mortgage underwriter after a four-day jury trial in Fulton County, Georgia.

On March 29, the Texas Supreme Court agreed to decide whether Nevada's statutory requirement that a judge, rather than a jury, decide the issue of alter ego applies in Texas courts.

In an inverse condemnation case, the Texas Supreme Court reversed the lower courts' judgments and held that HPTY's client's option to repurchase a tract of real property, sold to a city for use as a park, was a compensable interest for takings-clause purposes.

Matt Barr completed a jury trial in Rockdale Superior Court in Georgia before Judge David Irwin. The case involved a 2009 slip and fall at a McDonald’s restaurant.  After three and a half hours of deliberation, the jury returned a nominal verdict for the plaintiff, awarding only $2,042.23.  

HPTY announced the opening of its newest office in New York City on February 1, 2013. Like its other offices, the New York office will concentrate on civil litigation and appellate practice in all state and federal courts. 

HPTY’s Dallas office celebrated its 10-year anniversary on February 1. Since opening its doors in 2003, the Dallas office has grown to include nearly 50 employees, including 18 lawyers. Founding partner Robert Thackston, along with partners Ed Slaughter and Stephanie Spardone, opened the Dallas office in response to growing client demands in the state of Texas. 

Barry Schirm and Sarah Christopher Foley prevailed on a summary adjudication of a punitive damage claim in Los Angeles County on behalf of their client, a regional manufacturer of a joint compound which contained asbestos in the past.

On December 19, 2012, the U.S House of Representatives, by a vote of 401-3, passed H.R. 1063, the Strengthening Medicare and Repaying Taxpayers (“SMART”) Act as part of H.R. 1845, the Medicare IVIG Access Act.  On December 21, 2012, the U.S. Senate passed the legislation by unanimous consent. The legislation is designed to significantly improve the efficiency of the current Medicare Secondary Payer (“MSP”) system and to speed repayment of amounts owed from Medicare beneficiary claims directly to the Medicare Trust Fund. 

Chris Collier won summary judgment in Fulton County State Court on behalf of the owner and property manager of a local shopping center. 

Barry Schirm, Claire Weglarz and Sarah Christopher Foley prevailed on a summary judgment in Los Angeles County on behalf of their client, a regional manufacturer of a joint compound which contained asbestos in the past.

Susan Egeland and Jason Irvin were named as 2013 Rising Stars in Texas by Super Lawyers Magazine.

The Claims and Litigation Management Alliance announced Edward M. Slaughter a graduate of the 2012 Litigation Management Institute, and received the Certified Management Professional (CLMP) certification.

Barret Marshall and Todd Martin obtained a dismissal in a wrongful death case in which the plaintiffs alleged that the decedent encountered asbestos fibers from laundering her husband’s work clothes. 

On behalf of an HPTY client, Ed Slaughter, Barret Marshall and Matt Sapp filed a Writ of Prohibition challenging an Arkansas trial court’s exercise of jurisdiction over an occupational disease claim asserted by a former employee. 

Ben Dorfman won a defense verdict in DeKalb Magistrate Court in Georgia on behalf of a truck driver, trucking company, and insurance carrier sued under the Direct Action Statute. 

Todd Wade and Chris Ege won a defense verdict on behalf of Kelly-Moore Paint Company in a case filed by a 53-year-old restaurant owner with peritoneal mesothelioma. The trial proceeded before Judge Jo-Lynne Q. Lee in Alameda County Superior Court in Oakland, California. 

The Texas Supreme Court has granted a petition for review filed by HPTY on behalf of its client in a shareholder oppression case. The client was represented by another firm in the trial court, which rendered a judgment holding that the client committed minority shareholder oppression and awarding the plaintiff $7,000,000. The client hired HPTY appellate specialist Rob Gilbreath for the appeal.

Thirteen lawyers from HPTY were selected by their peers for inclusion in The Best Lawyers in America® 2013 in their various practice areas. 

Ed Slaughter, Macy Chan and Stephanie Bowlby won summary judgment on behalf of their product manufacturer client in Los Angeles County Superior Court. In this bystander, take-home exposure case, Plaintiff claimed that he encountered asbestos fibers released from HPTY’s client’s products as a by-stander and that these asbestos fibers were then carried home on his clothes and body and exposed Decedent. 

Claire Weglarz obtained a judgment dismissing Plaintiff's entire action filed against their product liability client in Los Angeles Superior Court. Plaintiff claimed his toxic encephalopathy and other toxic injuries were caused by his work with metals supplied to his workplace by HPTY's client. Judge Malcolm Mackey sustained HPTY's client's demurrer without leave to amend, finding that Plaintiff's claims were barred as a matter of law by the raw material supplier defense.

Ty Brown won a defense verdict in a legal malpractice case pending in Fulton County, Georgia. The jury returned a defense verdict about an hour after receiving the final evidence and verdict form.

Following three and a half days of testimony, a Baton Rouge trial court granted HPTY’s Daubert motion precluding Dr. Eugene Mark from testifying that that “each ‘special exposure’ to asbestos constitutes a significant contributing factor” and further prohibited Dr. Mark “from giving his definition of special exposure.” 

The Alcoa team (including Robert Thackston, Julia Gowin, Kathleen Benton and Sarah Christopher Foley in Los Angeles and Rob Gilbreath, Beverly Bond and Saxon Guerriere in Dallas) prepared a motion for bifurcation to try Alcoa's affirmative defense first. After a bench trial in the Los Angeles Superior Court, Judge Brazile determined that Plaintiff was covered under Alcoa's workers' compensation policies and upheld the exclusivity provisions of the Texas Workers' Compensation Act. Judgment was entered in favor of HPTY's client.

Kristin Brock Martin won summary judgment on behalf of four Defendants (three property owners and a property management company) in a premises liability case filed in Athens-Clarke County, Georgia. Plaintiff, a tenant of the apartment complex, filed negligence claims against Defendants after she allegedly slipped and fell on a wet, algae-covered patio.

The California Court of Appeals affirmed an award of cost after the firm won a defense verdict for its client in a Los Angeles mesothelioma trial. HPTY made an offer of judgment for one cent and a waiver of costs. HPTY then won a complete defense verdict in the underlying action, in which the plaintiff claimed exposure to asbestos from brake components, clutches, and gaskets allegedly supplied by the firm’s client. 

Michael Goldman and Ed Ulloa obtained a favorable verdict after a three-week jury trial before the Honorable Robert L. Hess in Los Angeles County Superior Court. This product liability case involved severe burn injuries sustained by a firefighter to his hands while fighting a fire. HPTY’s client manufactured the gloves the firefighter was allegedly wearing and was the only defendant remaining at trial. 

Barry Schirm and Sarah Christopher Foley prevailed on a summary judgment in Los Angeles County on behalf of their client, a regional manufacturer of joint compound which contained asbestos in the past.

On April 17, 2012, the Arizona Court of Appeals affirmed summary judgment for HPTY's client, a design engineering firm, based on a New Mexico statute of repose barring claims arising out of the “defective or unsafe condition of a physical improvement to real property” more than 10 years after substantial completion of the improvement. The court rejected Appellee’s arguments that Arizona law should apply because he was diagnosed and treated years after moving there. Ed Slaughter argued the appeal. Rob Gilbreath and Lauren Wood drafted the briefing.

Rob Gilbreath teamed up with a San Antonio law firm to secure favorable rulings for J.P. Morgan Chase Bank, N.A. in two consolidated mandamus proceedings brought by J.P. Morgan in the Fourth Court of Appeals in Texas. The court of appeals held that the trial courts in the two cases abused their discretion by refusing to transfer venue to Tarrant County, Texas. 

After two weeks of trial, the judge granted HPTY’s motion for directed verdict (nonsuit). The judge sustained HPTY's evidentiary objections to the admission of deposition testimony of the Decedent and a co-worker regarding HPTY’s client’s products.  In sustaining the objections, the judge found that the Decedent's and co-worker's product identification testimony was conclusory and lacked foundation, and he therefore excluded it all. Thus, Plaintiff was unable to prove causation.

On March 29, 2012, Brenton Bean won a defense verdict in a bench trial in Gwinnett County Magistrate Court in Georgia on behalf of Brown & Brown insurance agency on a failure to procure claim.

After over two years of litigation, Susan Egeland and Jason Gregory secured dismissal in federal court on behalf of a national paint and coatings manufacturer. The plaintiff alleged that his use of various paint products 20 years prior resulted in his development of toxic encephalopathy, a degenerative neurologic disorder. HPTY’s client argued that the plaintiff’s specific alleged injuries in combination with the late onset of his alleged impairment could not have been caused by its products.

On March 20, 2012, Ed Slaughter will argue before the Arizona Court of Appeals in Phoenix, Arizona on behalf of a design engineering firm that was sued in connection with engineering and design services it allegedly performed during the construction of a New Mexico plant in the 1960s.  

Jason Irvin and Claire Weglarz won a complete defense verdict on behalf of a national supplier of gaskets and packing in a lung cancer case pending in Los Angeles Superior Court. 

On March 6, 2012, Ed Slaughter argued before the California Court of Appeal, Second Appellate District, in Los Angeles, California. 

On March 1, Rob Gilbreath argued a case to Texas' Fourth Court of Appeals on behalf of JPMorgan Chase Bank. This mandamus proceeding involves a venue issue: whether the case should be tried in Tarrant County or Karnes County. 

Evelyn Davis and Matt Barr of HPTY Atlanta were elected fellows in the Litigation Counsel of America, a trial lawyer honorary society established to reflect the new face of the American bar. 

Shane Keith defended a premises liability action wherein the plaintiff alleged that a property management company's negligence led to her rape by a stranger on the premises.

Michael Goldman received a defense verdict in a product liability case in Rockingham County, New Hampshire.  It was a hard fought and expert-intensive case involving a 49 year-old local schoolteacher who caught her ankle-length poly-cotton chenille robe on fire. 

The HPTY team of Barry Schirm, Katie Benton and Chris Ege won summary judgment in Los Angeles County on behalf of their client, a regional manufacturer of joint compound which contained asbestos in the past.

Robert Thackston and Claire Weglarz obtained a favorable verdict for their client in this personal injury mesothelioma case pending in Los Angeles County Superior Court. 

Affirming the trial court’s ruling which dismissed HPTY’s client, the California Supreme Court held definitively that “a product manufacturer generally may not be held strictly liable for harm caused by another manufacturer’s product,” regardless of whether that harm was foreseeable. 

Hawkins Parnell Thackston & Young is saddened by the passing of our friend and colleague John E. Talmadge on October 28, 2011 at the age of 73. Always good natured and kind, John will be sincerely missed. 

The HPTY team of Erin Hayner, Susan Egeland, Lauren Wood, and Ed Slaughter won summary judgment in Los Angeles County on behalf of their client, a national retailer and manufacturer of construction materials.

Rob Gilbreath was recruited to join a prestigious team of appellate specialists seeking to protect a favorable ruling by the Texas Supreme Court regarding breach of a loan agreement.

Hawkins Parnell Thackston & Young LLP proudly announces that Best Lawyers magazine named Albert H. Parnell "Atlanta Best Lawyers Mass Tort Litigation Lawyer for 2012.”  Al, known for his outstanding career and leadership in Mass Tort Litigation, has served as lead counsel in over 200 asbestos and toxic tort cases in over 25 states.

Last summer, Robert Gilbreath was elected to the Board of Trustees for the Texas Supreme Court Historical Society. The group recently put out its first issue of the Journal of the Texas Supreme Court Historical Society. The cover story by David A. Furlow – “The Legendary Life and Tumultuous Times of Chief Justice John Hemphill” – is a historical piece on the first chief justice of Texas.  

Warner Fox and Shane Keith obtained a directed verdict on behalf of HPTY's client, Marriott International, in a hotly-contested negligent hiring and premises liability claim.

Lauren Wood and Mark Hilliard filed and won summary judgment in a wrongful death case in Alameda County, California. HPTY represented a construction materials manufacturer and retailer.

Fourteen lawyers lawyers from HPTY were recently selected by their peers for inclusion in The Best Lawyers in America® 2012 (Copyright 2011 by Woodward/White, Inc., of Aiken, S.C.). 

Bryan Grantham prevailed on summary judgment on behalf of a national security company and their local vendor.  

Bryan Grantham, on behalf of an attorney-client, obtained a dismissal of a Plaintiff's complaint in an action alleging legal malpractice, fraud, and violations of the Georgia RICO act. 

Ed Slaughter obtained a dismissal for HPTY's client, a national supplier of automotive products. 

On May 16, 2011, the Los Angeles Superior Court filed a Petition to Coordinate the asbestos cases pending in Los Angeles, Orange, and San Diego Counties (“LAOSD Cases”).  In accordance with the California Rules of Court, the California Judicial Council appointed a judge to determine if the cases are complex and subject to coordination.  Judge Munter of the San Francisco Superior Court presided over the hearing on the Petition for Coordination on August 15, 2011.  He issued an order recommending coordination on August 16, 2011.

When a prominent Atlanta, Georgia law firm, practicing in the area of real estate foreclosure, found itself facing class action allegations of wrongful foreclosure, fraud, RICO, RESPA, FDCPA, wire fraud, and other claims in a robo-foreclosure case against several major mortgage lenders, it turned to partner T. Ryan Mock Jr. and associate William M. Davis for assistance.

Ron Polly was recently honored as a leader in his field of Labor and Employment in the 2011 Chambers USA.

In a decision released July 8, 2011, the Florida Supreme Court ruled (5-2) that retroactive application of the medical criteria of Florida’s Asbestos and Silica Compensation Fairness Act (“ASCFA” or “the Act”) to claims that accrued before the Act’s effective date is unconstitutional. The Court further ruled that the rest of the Act is not severable from its medical criteria and thus cannot be applied to pre-Act plaintiffs at all.

San Francisco colon cancer expert withdrawn. HPTY forced the withdrawal of a plaintiff's claim that his colon cancer was caused by asbestos exposure by challenging the basis of their expert's opinions. 

Reno R. Cova was published in the July 2011 St. Louis Magazine as a Corporate Hero. 

The Atlanta and Dallas offices won separate summary judgments for Union Carbide Corporation and The Sherwin-Williams Company in an asbestos case pending in the MDL-875.

On June 30, 2011, the First Court of Appeals of Texas issued an opinion on the constitutionality of section 90.010(f)(1)(B)(ii)'s requirement of a pulmonary function test for plaintiffs claiming non-malignant asbestos-related injuries. The opinion is fairly narrow and tied to the unusual facts of the case.

When a Dallas law firm faced an emergency this week, it turned to HPTY appellate specialist, Rob Gilbreath, for help.  

Through the combined efforts of Alan Herman and Lisa Lazarus, a deposition of an opposing party plaintiff turned in to a stipulation of dismissal of the lawsuit

Claire Weglarz and Kevin Warren were named as 2011 Rising Stars in the Southern California Super Lawyers Magazine. 

The Georgia Court of Appeal affirmed summary judgment in favor of clients of Lane Young and Rob Gilbreath in a case alleging lawyers breached their fiduciary duties to a client.

Georgia Court of Appeals affirms HPTY's argument that a pathologist's specific causation opinion that each and every exposure contributes to disease does not satisfy the Daubert standard.  

Members of the St. Louis Office of Hawkins Parnell Thackston & Young LLP walked in the 13th Annual Susan G. Komen Race for the Cure® on June 11, 2011 in Downtown, St. Louis, Missouri.

HPTY hosted a retreat for personnel drawing from four of its seven national offices.

The Labor and Employment Team recently obtained a defense verdict on behalf of O'Reilly Auto Parts in a sexual harassment/retaliation trial in front of Judge Jeffrey Hamilton in the Superior Court of Fresno, California.

Stephanie Spardone, Beverly Bond and Barret Marshall successfully negotiated a voluntary dismissal of personal injury claims against an equipment manufacturer client. 

Ed Slaughter and Barret Marshall successfully negotiated the voluntary dismissal of 159 toxic tort claims pending against a client in Oklahoma.

Last year, a Dallas trial court held a local firm's client in contempt for lying during his deposition in a civil case and threw him jail. The firm turned to HPTY appellate specialist Rob Gilbreath for help, and Rob was quickly able to get the client released from jail with an emergency petition for writ of habeas corpus to Texas's Fifth Court of Appeals.

David C. Marshall received a defense verdict on May 27 after a two week trial in Greenville, South Carolina on behalf of a national building products manufacturer sued for wrongful death as a result of asbestos exposure. 

HPTY was proud to act as Community Sponsors at the 1st  Dress for Success Event. The fundraiser and luncheon was hosted by Lone Star Park in Grand Prairie, Texas. Keynote Speaker WNBA All Star Nancy Lieberman addressed the event by relaying tips from her book “Playbook for Success.”  

U.S. District Judge Robreno granted summary judgment for three HPTY clients in separate product liability cases pending before the Federal Court in MDL 875. All three plaintiffs were diagnosed with malignancy, including mesothelioma, and filed wrongful death actions.

In March 2011, David Marshall and Chris Lang authored an article entitled:  "Apportionment of Fault to a Non-Party: Pointing Fingers to Victory."  The article was published by the GDLA and appears in the 2011 Law Journal.

A team from Dallas including Robert Thackston, Robert Gilbreath, George Freeman, and Jason Gregory represented over 20 landowners in a nuisance suit to abate the noise from a motocross track in a serene country community. 

Robert Thackston secured a dismissal for his client during trial in New York County, New York. HPTY represented a supplier of plastic materials allegedly used in the manufacture of telephone and wiring equipment. Plaintiff worked in the telephone industry from 1967 to 1980 and alleged that exposure to asbestos during this time caused his mesothelioma. 

On February 11, 2011, Alan Herman and Allison Bloom received a defense verdict in a product liability case stemming from a fire in an RV Coach. 

David C Marshall and William T. Wood, III successfully defended an automobile manufacturer and dealer in a breach of warranty action in Cobb County, Georgia.  

The Maricopa County Superior Court dismissed all claims against the firm's client, a design engineering company that provided construction services at the Four Corners Power Plant in Farmington, New Mexico. The ruling stems from HPTY's motion for summary judgment arguing that the New Mexico Statute of Repose bars such claims against contractors and design engineers 10 years after substantial completion of their work.

Peter York and Kristin Brock obtained summary judgment in a catastrophic pool diving case in the Northern District of Georgia.  The quadriplegic Plaintiff was 29 years old at the time of the incident and had a $10 million life care plan. On December 21, 2010, the Eleventh Circuit of the U.S. Court of Appeals affirmed the trial court's May 2010 ruling.

On December 16, 2010, the Kentucky Supreme Court issued a 31-page opinion preserving a favorable trial verdict accomplished by David Marshall and Eric Ludwig. The case, a wrongful death/product liability lawsuit, alleged plaintiff contracted lung cancer as a result of asbestos exposure in the small town of Benton, Kentucky. 

Ed Slaughter won a complete defense verdict on behalf of a national supplier of automotive components in a mesothelioma case pending in Los Angeles Superior Court.

David Marshall and Chris Lang successfully defended a lawsuit alleging personal injury, nuisance, breach of contract, and fraud in the state court of Cobb County, Georgia. The suit involved alleged mold exposure as a result of multiple flooding events at an apartment complex. 

The defense litigation law firm of Hawkins Parnell Thackston & Young LLP proudly announces the opening of its newest office in San Francisco, California. Partners Todd Wade and Bill Fountain, formerly of HPTY's Austin, Texas office, moved to San Francisco to open the Firm's seventh office nationally and its second in California. 

On November 10, 2010 from 1:00 PM to 5:30 PM at the Hilton San Diego Bayfront Hotel in San Diego, California, Hawkins Parnell Thackston & Young will be co-sponsoring the second annual Asbestos Defense Strategic Summit 2010.

On October 12, 2010, Rob Gilbreath presented argument to the Supreme Court of Texas on a novel issue: May a civil court exercise its contempt power to punish a party for committing perjury during a deposition?

Edward Slaughter and Macy Chan obtained summary judgment on behalf of their client, a manufacturer of friction products, in a living mesothelioma personal injury case.

Rob Gilbreath won summary judgment for Liberty International Underwriters (LIU) in a garnishment action filed by a bank that had obtained a $650,000 judgment against LIU's former insured. 

The lawsuit asserts that the state’s Medi-Cal (Medicaid) program violates the ambulance service providers’ constitutional rights by reimbursing providers at approximately 20% of the actual cost to provide patient transport.

David C. Marshall and Chris J. Lang successfully defended a premises liability wrongful death case in the state court of DeKalb County, Georgia.

Matt Barr and Joe Wieseman secured summary judgment on behalf of an Arkansas-based bag manufacturer in defense of a multi-million dollar trademark infringement and civil conspiracy lawsuit.

HPTY attorneys Jack Sibley, Carl Anderson, Rob Thompson, and Rob Gilbreath obtained a favorable ruling from the United States Court of Appeals for the Eleventh Circuit on behalf of client Osmose, Inc. 

Hawkins Parnell Thackston & Young raised funds to benefit Blue Skies Riding Academy, a local Georgia charity that fosters neglected and abused horses.

David C. Marshall successfully represented a medical engineering firm responsible for de-commissioning an obsolete MRI machine that exploded during its moving.

On July 23, 2010, Kay Andrews was named a winner of the 2010 Austin Business Journal Award for "Profiles in Power/Women of Influence" in Central Texas. Kay was recognized as a woman who has made a difference in her community by blazing new trails and serving in a position of leadership in Central Texas. 

Hawkins Parnell Thackston & Young is saddened by the sudden death of our friend and colleague Jennifer Holdren on July 17, 2010 at the age of 43.

Ron Polly and Alex Barfield won a motion for summary judgment on behalf of a defendant employer immediately prior to the start of trial in Louisville, Kentucky.

Lane Young and Rob Gilbreath obtained a summary judgment for the defendants in a breach of fiduciary duties case pending in the Georgia Superior Court for Fulton County. The plaintiff sought recovery of over $4,000,000.

The Supreme Court of Georgia affirmed the summary judgment of legal malpractice claims granted to the clients of Kim M. Jackson, Robert B. Gilbreath and Matthew G. McLaughlin. Plaintiffs had failed to comply with OCGA 9-11-9.1 which requires a plaintiff in Georgia to file an expert affidavit in support of any professional liability negligence claim.

Rob Gilbreath secured an important victory for client Merrill Lynch in a Texas Supreme Court decision issued June 25, 2010. 

Claire Weglarz was named as a 2010 Rising Star in the Southern California Super Lawyers Magazine.

Hawkins Parnell Thackston & Young nominated as one of the "Best Places to Work in Dallas-Fort Worth" in a survey conducted by Quantum Workplace, Inc.

Hawkins Parnell Thackston & Young was listed No. 20 on the Atlanta Business Chronicle's Top 50 Law Firms of 2010. Several of the Firm's practice areas were also recognized.

Ed Slaughter, Jason Irvin, and Lauren Wood prevailed on a motion for application of New Mexico law at both the trial and appellate level in a case filed in Phoenix, Arizona. 

David Marshall obtained a defense verdict on behalf of a national building products manufacturer of asbestos cement pipe in a wrongful death case.

Located in East Texas, 96 miles southeast of Dallas, Thackston Farm provides a picturesque and secluded location for focused planning and training retreats for both corporations and law firms. 

Three new lawyers plus two existing lawyers with new California licenses join the California litigation team at Hawkins Parnell Thackston & Young.

Al Parnell received a special award in recognition of his 30 years of service to the DRI at the annual DRI Asbestos Medicine seminar. DRI also honored Al in its For the Defense magazine. Cary E. Hiltgen, DRI President, authored an article in the magazine paying tribute to Al's long-standing contributions to DRI. Firm Managing Partner, Jack Sibley authored a tribute article to Al that appeared in the same magazine.

Susan Egeland prevailed in a bench trial before Judge Craig Smith in the 192nd Judicial District Court of Dallas County, Texas.