Abe Kuczaj, Robyn Hargrove, and Jamie Baskin Win Appeal on Behalf of Hundreds of Victims of the Bastrop County Complex Fire
SD&M attorneys Abe Kuczaj, Robyn Hargrove, and Jamie Baskin recently won an appeal on behalf of hundreds of victims of a wildfire in Bastrop County. The property owners sued Asplundh Tree Expert Co., alleging that its negligence caused the fire and resulted in devastating losses to nearby property owners. Asplundh sought dismissal of all claims on the basis of the statute of limitations. On appeal, the Austin Court of Appeals held that the property owners’ claims were not barred by the statute of limitations. The court of appeals’ holding was based on the doctrine of American Pipe tolling, which delays running of the statute of limitations during the pendency of a related class action against the same defendant. The court of appeals’ opinion contains one of the most in-depth discussions of American Pipe tolling by a Texas court to date.
SDM Lawyers Win Order Enjoining Judgment Debtor from Dissipating or Transferring Assets
After winning a final judgment in an amount in excess of $10 million against defendants Lakeway Regional Medical Center and Surgical Development Partners, SDM lawyers Abe Kuczaj, Paige Amstutz, and Steve Wingard filed an application for an injunction to preclude one of the defendants from dissipating or transferring assets to avoid satisfaction of the judgment pending appeal of the final judgment. Finding that SDM presented evidence establishing that the defendant was likely to dissipate or transfer assets in the future to avoid satisfaction of the judgment, the Court entered an injunction in favor of SDM’s client.