News Honors Case Summaries

Archives: Rick Thompson

 

Rick Thompson Participated in Panel Discussion Entitled Ethics Jeopardy

Rick Thompson recently participated in a panel discussion entitled Ethics Jeopardy at the Advanced Civil Appellate Practice course, sponsored by the State Bar of Texas. Attorney: Rick Thompson

Attorney:

Rick Thompson recently participated in a panel discussion entitled Ethics Jeopardy at the Advanced Civil Appellate Practice course, sponsored by the State Bar of Texas.

Attorney:

 

Rick Thompson Spoke at the State Bar of Texas Civil Appellate Practice 101 Course

Rick Thompson recently spoke at the State Bar of Texas Civil Appellate Practice 101 course on Preparing for the Civil Appellate Board Certification Exam. Attorney: Rick Thompson

Attorney:

Rick Thompson recently spoke at the State Bar of Texas Civil Appellate Practice 101 course on Preparing for the Civil Appellate Board Certification Exam.

Attorney:

 

Rick Thompson Presents Ethics Quiz at UT CLE

Partner, Rick Thompson, gave an interactive presentation on ethics at the 26th Annual Conference on State and Federal Appeals, sponsored by the University of Texas at Austin School of Law. + read more

Attorney:

Partner, Rick Thompson, gave an interactive presentation on ethics at the 26th Annual Conference on State and Federal Appeals, sponsored by the University of Texas at Austin School of Law.

Attorney:

 

Texas Supreme Court Eliminates $9.6 Million Judgment for Injured Worker Based on the Absence of a Duty

In a highly watched case regarding the duties owed by former property owners, Deborah Hankinson, Brett Kutnick, Rick Thompson, and Jennifer Stagen successfully represented Occidental Chemical Corporation and persuaded the Texas Supreme Court to reverse a $9.6 million negligence judgment awarded to a worker who… + read more

In a highly watched case regarding the duties owed by former property owners, Deborah Hankinson, Brett Kutnick, Rick Thompson, and Jennifer Stagen successfully represented Occidental Chemical Corporation and persuaded the Texas Supreme Court to reverse a $9.6 million negligence judgment awarded to a worker who was partially blinded by acid at a chemical plant years after Occidental’s sale of the plant. Specifically, the Supreme Court addressed whether a property owner who allegedly creates a dangerous condition owes a duty in premises liability to warn of the dangerous condition or to make it safe and a duty in negligence to use reasonable care not to create the dangerous condition in the first place. In answering that question in the negative, the Court rejected the notion that a property owner acts as both owner and independent contractor when improving its own property, subjecting itself to either premises-liability or ordinary-negligence principles depending on the injured party’s pleadings. Instead, the Court held that premises-liability principles apply to a property owner who creates a dangerous condition on its property, and that the claim of a person injured by the condition remains a premises-liability claim as to the owner-creator, regardless of how the injured party chooses to plead it. Because Occidental sold the property eight years before the plaintiff’s accident, the Supreme Court held that Occidental owed no duty of care as that duty had passed to its vendee. The Court therefore reversed the court of appeals’ judgment and rendered judgment that the plaintiff take nothing. See Occidental Chemical Corp. v. Jenkins, No. 13-0961, 2016 WL 82662 (Tex. Jan. 8, 2016).

 

Dallas’ Deborah Hankinson Ranked Among Top 3 Attorneys in Texas

Law partner Rick Thompson also named to 2015 Texas Super Lawyers list   Acclaimed appellate attorney, mediator and arbitrator Deborah Hankinson, founder of leading appellate boutique Hankinson LLP, has been named one of the Top 3 attorneys in Texas based on nominations from fellow lawyers… + read more

Law partner Rick Thompson also named to 2015 Texas Super Lawyers list

 

Acclaimed appellate attorney, mediator and arbitrator Deborah Hankinson, founder of leading appellate boutique Hankinson LLP, has been named one of the Top 3 attorneys in Texas based on nominations from fellow lawyers in the 2015 edition of Texas Super Lawyers, which recognizes the state’s top legal practitioners.

In addition to the Top 3 ranking, Ms. Hankinson earned her fourth selection among the state’s Top 10 lawyers in the exclusive annual listing based on her work in appellate law. Joining her on the Super Lawyers list this year is firm partner Rick Thompson, who earned his second selection to the list for his representation of clients in appellate cases.

Owned by the news publisher Thomson Reuters, Super Lawyers develops its lists based on nominations from lawyers, assessments by a research team, and final evaluations from lawyers in the same practice areas.

Super Lawyers is an important honor because it relies on input from attorneys just like us,” Mr. Thompson says. “It’s gratifying to know that people who do the same legal work view us as among the best.”

Mr. Thompson, a former Texas Assistant Solicitor General, argued and prevailed in the IT-Davy case involving issues of sovereign immunity before the Supreme Court of Texas. He also played a key role in last year’s decision in Bostic v. Georgia-Pacific, a significant asbestos ruling in which the state’s high court found in favor of his client, Georgia-Pacific.

A former Texas Supreme Court justice and widely respected appellate lawyer and strategist, Ms. Hankinson also mediates disputes and serves as an arbitrator. She is a member of the Board of Directors of the American Arbitration Association.

 

Improper Post-Judgment Orders Successfully Challenged on Appeal

During collection efforts against the firm’s client, the trial court signed several orders to enforce a judgment under the turnover statute. One order awarded the plaintiff attorney’s fees and costs that were incurred after the judgment had been satisfied. A second order purported to vest… + read more

During collection efforts against the firm’s client, the trial court signed several orders to enforce a judgment under the turnover statute. One order awarded the plaintiff attorney’s fees and costs that were incurred after the judgment had been satisfied. A second order purported to vest the trial court with jurisdiction over related litigation pending in other courts. Rick Thompson successfully challenged these orders on appeal. The court of appeals reversed the first order and struck the offending parts of the second order. Evans v. Frost National Bank, No. 05-12-01491-CV (Tex. App. – Dallas Aug. 11, 2015).

 

Rick Thompson Presents at City of Dallas In-House CLE

Rick Thompson spoke to the City of Dallas’s in-house counsel at the City’s annual in-house CLE seminar on June 26, 2015. Mr. Thompson informed the in-house counsel on recent Texas Supreme Court cases of interest to local governmental entities. Attorney: Rick Thompson Subject Matter: Constitutional… + read more

Rick Thompson spoke to the City of Dallas’s in-house counsel at the City’s annual in-house CLE seminar on June 26, 2015. Mr. Thompson informed the in-house counsel on recent Texas Supreme Court cases of interest to local governmental entities.

 

Deborah Hankinson and Rick Thompson Named Among Best Lawyers in Dallas by D Magazine

Rick Thompson and Deborah Hankinson again have been named to D Magazine’s annual list of the Best Lawyers in Dallas.  This is Ms. Hankinson’s tenth year to be included on the prestigious list and Mr. Thompson’s second year to be named. Hankinson LLP is one… + read more

Rick Thompson and Deborah Hankinson again have been named to D Magazine’s annual list of the Best Lawyers in Dallas.  This is Ms. Hankinson’s tenth year to be included on the prestigious list and Mr. Thompson’s second year to be named.

Hankinson LLP is one of only two firms with multiple attorneys selected to the exclusive listing based on their appellate work.

To assemble the list of the city’s top lawyers, D Magazine sought nominations from lawyers across the North Texas area.  A blue-ribbon panel of lawyers helped the magazine’s editors determine the final list of attorneys, which appears in the May 2015 issue of D Magazine.

 

 

Deborah Hankinson and Rick Thompson Named 2014 Texas Super Lawyers

Hankinson LLP attorneys Deborah Hankinson and Rick Thompson were named among the state’s top attorneys for 2014 by the publisher Texas Super Lawyers. Their inclusion was based on nominations from peers, an analysis of each attorney’s work, and a panel review. No more than 5%… + read more

Hankinson LLP attorneys Deborah Hankinson and Rick Thompson were named among the state’s top attorneys for 2014 by the publisher Texas Super Lawyers. Their inclusion was based on nominations from peers, an analysis of each attorney’s work, and a panel review. No more than 5% of all Texas lawyers are included in the annual listing. Deborah was singled out as one of the Top 10 and Top 100 attorneys in Texas, the Top 50 Women lawyers in Texas, and the Top 100 attorneys in Dallas-Fort Worth.

 

Hankinson LLP’s Government Practice Assists City of Grapevine in Condemnation Case

Hankinson LLP successfully represented the City of Grapevine before the Fort Worth Court of Appeals and the Texas Supreme Court.  In this case, the State condemned real property located in the City.  Because a billboard owned by CBS Outdoor, Inc., overhung that property, the State… + read more

Hankinson LLP successfully represented the City of Grapevine before the Fort Worth Court of Appeals and the Texas Supreme Court.  In this case, the State condemned real property located in the City.  Because a billboard owned by CBS Outdoor, Inc., overhung that property, the State condemned the billboard to remove the aerial encroachment.  In an effort to avoid condemnation, CBS asked the City to permit it to shift the billboard away from the property to remove the encroachment.  The City refused, explaining that nonconforming billboards, like CBS’s billboard, could not be moved, altered, or adjusted under the City’s existing zoning ordinances.  After CBS removed a 4-foot section of the billboard, the City ordered CBS to remove its billboard.  CBS sued the City.  The City filed a plea to the jurisdiction based on its governmental immunity, but the district court denied the plea.  On appeal, the court of appeals reversed the district court’s order in part and rendered judgment that CBS take nothing on its claims for judicial review, injunctive relief, violations of due process, declaratory relief, and attorney’s fees.  On August 22, 2014, the Texas Supreme Court denied CBS’s petition for review.  Rick Thompson argued the case before the Fort Worth Court of Appeals and briefed the case to the court of appeals and the Supreme Court.  See City of Grapevine v. CBS Outdoor, Inc., No. 02-12-00040-CV, 2013 WL 5302713 (Tex. App.—Fort Worth Sept. 19, 2013, pet. denied).

 

Texas Supreme Court Denies Mandamus Relief from Trial Court Ruling in Favor of Hankinson LLP Clients

Hankinson LLP successfully defeated a challenge to a trial court’s ruling in favor of its commercial real estate clients.  After a severe hailstorm, the building owners filed claims under their insurance policies for damage to their buildings.  The insurance company refused to pay, and the… + read more

Hankinson LLP successfully defeated a challenge to a trial court’s ruling in favor of its commercial real estate clients.  After a severe hailstorm, the building owners filed claims under their insurance policies for damage to their buildings.  The insurance company refused to pay, and the building owners were forced to sue.  After actively litigating the case for almost a year, the insurance company attempted to scuttle the litigation by invoking an appraisal clause in the insurance policy.  The trial court denied the insurance company’s motion to compel an appraisal.  The insurance company sought mandamus relief from this ruling in the Dallas Court of Appeals and the Texas Supreme Court.  Both courts denied mandamus relief.  Rick Thompson and Joseph Morris briefed the issues in both courts.  See In re Lexington Ins. Co., No. 14-0182, in the Texas Supreme Court.

 

Appellate Court Affirms Summary Judgment in Favor of the Dallas Mavericks

Hankinson LLP defeated an effort to place its client, the Dallas Mavericks, into receivership.  A minority stakeholder in the team sued for the appointment of a receiver, claiming that the team was insolvent or in imminent danger of insolvency.  Finding no merit to the claims,… + read more

Hankinson LLP defeated an effort to place its client, the Dallas Mavericks, into receivership.  A minority stakeholder in the team sued for the appointment of a receiver, claiming that the team was insolvent or in imminent danger of insolvency.  Finding no merit to the claims, the trial court granted summary judgment in favor of the Mavericks. On appeal, the Hankinson LLP team successfully defended the trial court’s ruling.  Deborah Hankinson argued the case to the Dallas Court of Appeals.  Rick Thompson and Joseph Morris drafted the appellate briefs.  See Hillwood Inv. Props. III, Ltd. v. Radical Mavericks Mgmt., LLC, No. 05-11-01470-CV, in the Fifth Court of Appeals.

 

Hankinson LLP Prevails Again in Texas Supreme Court

Deborah Hankinson, Rick Thompson, and Jennifer Stagen successfully convinced the Texas Supreme Court to affirm the court of appeals’s take-nothing judgment in favor of their client, Georgia-Pacific Corporation.  In this significant asbestos case watched by many legal commentators across the country, the Supreme Court defined… + read more

Deborah Hankinson, Rick Thompson, and Jennifer Stagen successfully convinced the Texas Supreme Court to affirm the court of appeals’s take-nothing judgment in favor of their client, Georgia-Pacific Corporation.  In this significant asbestos case watched by many legal commentators across the country, the Supreme Court defined the substantial-factor causation standard for mesothelioma cases.  The Court ultimately concluded that the evidence was legally insufficient to prove that plaintiff’s alleged exposure to asbestos from Georgia-Pacific joint compound was a substantial factor in causing the plaintiff’s mesothelioma.  Deborah Hankinson argued the case before the Supreme Court.  See Bostic v. Georgia-Pacific Corp., No. 10-0775, 2014 WL 3797159 (Tex. July 11, 2014).

 

Court of Appeals Affirms Trial Court Ruling in Favor of Hankinson LLP Client

Rick Thompson was a key member of the legal team that successfully represented Republic Power Partners, L.P., in an interlocutory appeal before the Amarillo Court of Appeals.  Republic Power sued West Texas Municipal Power Agency (WTMPA) for breach of an agreement to promote and develop… + read more

Rick Thompson was a key member of the legal team that successfully represented Republic Power Partners, L.P., in an interlocutory appeal before the Amarillo Court of Appeals.  Republic Power sued West Texas Municipal Power Agency (WTMPA) for breach of an agreement to promote and develop new sources of electric power for the cities of Brownfield, Tulia, Floydada, and Lubbock.  WTMPA asserted its governmental immunity from suit in a plea to the jurisdiction, but the district court denied WTMPA’s plea.  WTMPA filed an interlocutory appeal.  The court of appeals affirmed the district court’s order, concluding that the Legislature waived WTMPA’s governmental immunity from suit by enacting Section 271.152 of the Texas Local Government Code.  See West Texas Mun. Power Agency v. Republic Power Partners, L.L.P., 428 S.W.3d 299 (Tex. App.—Amarillo 2014, no pet.).

 

Appellate Attorneys Deborah Hankinson, Rick Thompson Among Best Lawyers in Dallas

DALLAS – Hankinson LLP founder Deborah Hankinson and Managing Partner Rick Thompson have been selected among the Best Lawyers in Dallas by D Magazine based upon their work in the area of appellate law. The 2013 honors mark the eighth time Ms. Hankinson has been… + read more

DALLAS – Hankinson LLP founder Deborah Hankinson and Managing Partner Rick Thompson have been selected among the Best Lawyers in Dallas by D Magazine based upon their work in the area of appellate law.

The 2013 honors mark the eighth time Ms. Hankinson has been selected among Dallas’ best lawyers. It is the first for Mr. Thompson.

“Being selected among the elite attorneys in Dallas has always been an honor that I take great pride in, but I am aware that I am also lucky to be surrounded with exceptional attorneys, starting with Rick,” says Ms. Hankinson, a former Dallas appellate court and Texas Supreme Court justice. “This is a well-deserved recognition of his tremendous work.”

The 2013 listing of the top attorneys in Dallas was determined through a peer-review voting process and ballots submitted by nearly 9,000 local lawyers. Those casting ballots could only nominate others within their own practice area. The final list was compiled by an independent panel of distinguished attorneys, along with the magazine’s editors. The complete list will be included in the May 2013 edition of D Magazine.

“It is humbling to have your work recognized,” says Mr. Thompson. “I have been fortunate in being able to work at a firm and for clients that present fascinating and challenging work.”

Mr. Thompson’s practice focuses on appeals related to governmental matters, as well as commercial litigation. A former Texas Assistant Solicitor General, he argued the precedent-setting sovereign immunity case Tex. Natural Res. Conservation Comm’n v. IT-Davy before the Supreme Court of Texas. Board Certified in Civil Appellate Law by the Texas Board of Legal Specialization, he is also a member of the commission that governs board certification for Texas appellate lawyers.

Among the most respected appellate attorneys in Texas, Ms. Hankinson also has a nationally recognized arbitration and mediation practice. She is Board Certified in Civil Appellate Law by the Texas Board of Legal Specialization, a Fellow of the American Academy of Appellate Lawyers, a member of the American Law Institute, and sits on the Board of Directors of the American Arbitration Association.

Hankinson LLP, the preeminent civil appellate firm in the Southwest, provides clients with innovative legal insights and judicial perspective in all phases of litigation. The firm’s attorneys work with trial teams to develop strategies designed to put a case in the best position before, during and after trial. Dallas-based Hankinson LLP represents national clients, regional companies, governmental bodies, and individuals with trial and appellate matters, and offers mediation and arbitration services as well. Learn more about the firm at http://hankinsonlaw.com.

 

Hankinson LLP’s Government Practice Aids City of Dallas

Hankinson LLP is pleased to announce its successful joint representation of one of the firm’s major clients, the City of Dallas, in six related cases before the Texas Supreme Court.  In these cases, a group of current and retired police officers and firefighters sued the… + read more

Hankinson LLP is pleased to announce its successful joint representation of one of the firm’s major clients, the City of Dallas, in six related cases before the Texas Supreme Court.  In these cases, a group of current and retired police officers and firefighters sued the City for additional pay and benefits under an ordinance adopted by the City in 1979. Deborah Hankinson argued the case before the Texas Supreme Court, and Rick Thompson assisted the City’s attorneys with preparing briefs.

After briefing and argument, the Supreme Court concluded that the police officers and firefighters could not prevail on their claims for declaratory relief because those claims were barred by sovereign immunity.  The Court also concluded that the police officers and firefighters could not prevail on their breach-of-contract claims as pleaded in the trial court; however, the Court remanded the contract claims to the trial court to determine whether a subsequently enacted section of the Local Government Code waived the City’s immunity for those claims.  See City of Dallas  v. Martin, 361 S.W.3d 560 (Tex. 2011); City of Dallas v. Albert, 354 S.W.3d 368 (Tex. 2011).

 

Sanction Against Lawyer Reversed Based on Finding That He Did Not Commit the Alleged Conduct.

Brett Kutnick and Rick Thompson were principal members of the legal team that successfully represented a partner in a major Texas law firm who was sanctioned by a trial court for allegedly accusing opposing counsel of suborning perjury and ordered to purchase a half-page apology… + read more

Brett Kutnick and Rick Thompson were principal members of the legal team that successfully represented a partner in a major Texas law firm who was sanctioned by a trial court for allegedly accusing opposing counsel of suborning perjury and ordered to purchase a half-page apology in the Texas Lawyer. The Dallas Court of Appeals reversed the sanction in its entirety, holding that the lawyer had not accused opposing counsel of suborning perjury and that the trial court’s order reflected “both an erroneous assessment of the evidence and a misapplication of the law on subornation of perjury.”  Both the sanction order and the successful appeal received extensive coverage in the Texas Lawyer and other legal publications.  (Published opinion (2011); cite omitted).

 

Appellate Court Affirms Award of Punitive Damages in Favor of Hankinson LLP Client

In this medical malpractice case, Hankinson LLP represented the family of a deceased patient against a skilled nursing facility.  The facility repeatedly administered the patient a drug that he was allergic to, which ultimately led to his death.  The trial court rendered judgment on the… + read more

In this medical malpractice case, Hankinson LLP represented the family of a deceased patient against a skilled nursing facility.  The facility repeatedly administered the patient a drug that he was allergic to, which ultimately led to his death.  The trial court rendered judgment on the jury’s verdict in favor of the family, including an award of punitive damages.  Rick Thompson successfully fended off the facility’s challenge to the evidence supporting the district court’s judgment in the Amarillo Court of Appeals.  On April 15, 2011, the Texas Supreme Court denied the facility’s petition for review.  See THI of Tex. at Lubbock I, LLC v. Perea, 329 S.W.3d 548 (Tex. App.—Amarillo 2010, pet. denied).

 

Mandamus Granted by Texas Supreme Court to Enforce the Employer’s Arbitration Agreement

Rick Thompson represented the employer in an original proceeding to enforce an arbitration agreement in an Employee Injury Benefit Plan, which was signed by the employee who was killed during the course and scope of his employment. The trial court and court of appeals refused… + read more

Rick Thompson represented the employer in an original proceeding to enforce an arbitration agreement in an Employee Injury Benefit Plan, which was signed by the employee who was killed during the course and scope of his employment. The trial court and court of appeals refused to enforce the arbitration agreement against the employee’s surviving family members who had not signed the Plan. The Texas Supreme Court held that the surviving family members, as wrongful death beneficiaries, were derivative claimants and were therefore bound by the decedent’s agreement to arbitrate. The Court conditionally granted the employer’s petition for writ of mandamus and directed the trial court to enter an order compelling arbitration of the surviving family members’ claims against the employer. In re Golden Peanut Co., 298 S.W.3d 629 (Tex. 2009).

 

Hankinson LLP Successfully Defends Against Appellate Challenge to District Court’s Distribution of Marital Estate in Favor of Client

Rick Thompson successfully represented the Wife in the appeal of the district court’s division of the marital estate.  Notably, the El Paso Court of Appeals upheld the district court’s decision to admit parol evidence to prove the terms of a lost premarital agreement proffered by… + read more

Rick Thompson successfully represented the Wife in the appeal of the district court’s division of the marital estate.  Notably, the El Paso Court of Appeals upheld the district court’s decision to admit parol evidence to prove the terms of a lost premarital agreement proffered by Wife.  See Jurek v. Couch-Jurek, 296 S.W.3d 864 (Tex. App.—El Paso 2009, no pet.).

Page 1 of 212