SD&M Secures Appellate Win Upholding Final Judgment on Behalf of Lynch, Chappell & Alsup, P.C.
SD&M attorneys Kim Bueno and Robyn Hargrove have won an appeal on behalf of the law firm of Lynch, Chappell & Alsup, P.C.
In the trial court, Lynch Chappell filed suit to recover a contingency fee that its former client owed the firm for its work on her behalf in an estate proceeding. The former client counterclaimed for breach of fiduciary, arguing that the fee was too high.
In the trial court, the former client refused to turn over her recordings of her conversations with her Lynch Chappell attorneys. SD&M obtained sanctions against the former client for her discovery abuse, ordering that she be prevented from admitting evidence of her communications with Lynch Chappell in the lawsuit. SD&M then won summary judgment, resulting in a final judgment that Lynch Chappell was entitled to its fee, and dismissing the fiduciary duty claims as meritless as a matter of law.
The El Paso Court of Appeals upheld the sanctions order and the final judgment, concluding that the trial court correctly determined that Lynch Chappell was entitled to its fee. The court also noted that Lynch Chappell had obtained a favorable result in the estate proceeding, and that it had voluntarily elected to take less than the full 25% it was entitled to receive under the contingent fee contract. In response to the former client’s claim that the 25% fee was too high, the court concluded: “We cannot undo a contract that was conscionable at its inception simply because a party later regrets making a deal.”
Seven SDM Lawyers Named to Texas Rising Stars®
SDM is pleased to announce that Super Lawyers® has selected seven Scott Douglass & McConnico attorneys for inclusion in Texas Rising Stars® 2018 by Thomson and Reuters. The following firm attorneys were selected for this honor:
Anthony Arguijo - Business Litigation
Kim Gustafson Bueno - Products: Defense
John W. Ellis - Business Litigation
Mark W. Hanna - Energy & Resources
Olga Kobzar - Energy & Resources
Bryan Lauer - Business Litigation
David Shank - Business Litigation
Rising Stars are considered the top up-and-coming attorneys in Texas. To be eligible, lawyers must be 40 years old or younger or in practice for 10 years or less. Less than 2.5% of Texas attorneys are chosen for this honor. The complete list will be published in the April 2018 issues of Texas Monthly and Super Lawyers magazines. We are proud that so many of our attorneys were nominated and selected as Rising Stars again this year. Super Lawyers® is a Thompson Reuters publication.
Kim Bueno Elected as Fellow of Texas Bar Foundation
Congratulations to Kim Bueno for being elected as a Fellow of the Texas Bar Foundation, an elite group of Texas lawyers.
Election to the Fellows is one of the highest honors that can be bestowed upon a member of the State Bar of Texas.
Scott Douglass Sponsors the Equal Justice Works 2017 Annual Dinner
Scott Douglass is supporting the Equal Justice Works 2017 Annual Dinner honoring Kenneth C. Frazier, CEO of Merck. Steve McConnico and Kim Bueno will attend the dinner, which honors lawyers who exemplify the values of Equal Justice Works --compassion, dedication and commitment to achieving equal justice for individuals and communities in need.
The Annual Dinner, which takes place on November 1, has become one of the largest fundraising dinners in DC hosted by a legal nonprofit. It raises the critical general support funds needed for our programs that mobilize the next generation of lawyers committed to equal justice.
Kim Bueno Obtains Defense Verdict for Johnson & Johnson
SD&M attorney Kim Bueno recently prevailed at trial in the Philadelphia Court of Common Pleas on behalf of defendants Johnson & Johnson and Ethicon, Inc. Kim served as co-lead trial counsel. The plaintiff alleged injuries from a pelvic mesh product that was implanted to treat her incontinence. At the end of the three-week trial, the jury rejected the plaintiff’s claim that a pelvic mesh product caused her injuries. The defense verdict marked Johnson & Johnson’s first win in a pelvic mesh trial in Philadelphia.
Nine Scott Douglass & McConnico Attorneys Selected to the Texas Rising Stars® 2017 List
SDM is pleased to announce that Super Lawyers® has selected nine Scott Douglass & McConnico attorneys for inclusion in Texas Rising Stars® 2017 by Thomson and Reuters. The following firm attorneys were selected for this honor:
The State Bar of Texas Litigation Section’s Winter 2016 Report “The Advocate” Features Article by Kim Gustafson Bueno and Steve McConnico
The Winter 2015 edition of The Advocate, a quarterly State Bar of Texas Litigation Section publication, features an article by SDM’s Kim Gustafson Bueno and Steve McConnico. The edition as a whole includes a symposium on personal injury litigation, and the Bueno/McConnico article addresses guidelines for mass tort aggregate settlements in Texas.
SDM Wins Appeal in Dispute Over Waiver of Arbitration Rights
Steve McConnico, Robyn Hargrove, and Kim Bueno recently won an appeal in a dispute over waiver of arbitration rights. At the trial court, the plaintiff sought to compel arbitration after the trial court issued some adverse pretrial rulings against her. SDM, on behalf of its client, successfully defeated the motion to compel on the basis of waiver. The appeals court affirmed, holding that the plaintiff’s attempts to manipulate the judicial process resulted in a waiver of her right to arbitrate.