2019

Greg Ziegler Wins Dismissal for Client in Oilfield Products Intellectual Property Case on Eve of Trial – Quoted in Dallas Morning News

Greg Ziegler wins dismissal for client in oilfield products intellectual property case on eve of trial.  See article in the Dallas Morning News for more detail.   | READ MORE


Firm Secures Summary Judgment Victory in $9 Million Construction Defect Case

In the face of a $9 million claim based on significant and extensive construction defects, John Kenefick and Jason Jung prevailed on a motion for summary judgment that spared the firm’s client from any exposure. John and Jason secured the victory this month after arguing the motion in March before Judge Heygood-McCoy in the 153rd District Court in Tarrant County. The lawsuit was brought by a homeowners’ association against the firm’s client, which had financed the construction project and taken the property back from the developer/general contractor through a Deed in Lieu of Foreclosure. The HOA claimed that the client had  | READ MORE


Macdonald Devin Congratulates Our Attorneys Selected to the 2019 Texas Rising Stars List

Macdonald Devin congratulates our attorneys selected to this year’s Texas Rising Stars list. Each year no more than 2.5 percent of the lawyers in the state are selected to receive this honor, which is reserved for attorneys 40 years or younger or in the first 10 years of their practice who have attained a high degree of peer recognition and professional achievement.  This year’s recipients include Jacob Borchers, Jason Jung, and Maria Orozco.  Please join us in congratulating all three deserving recipients. Jacob has been honored again this year, and is being recognized for his outstanding work in the category  | READ MORE




2018

Macdonald Devin Shareholder Greg Ziegler Quoted in Barron’s Regarding Commercial Real Estate Construction Fraud Case.

Macdonald Devin Shareholder Greg Ziegler was recently quoted in Barron’s regarding commercial a real estate construction fraud case. Read more from the article, “A Texas Real Estate Developer Has a New Financing Trick. But the IRS Doesn’t Buy It”.     | READ MORE


Seven Macdonald Devin Attorneys Selected to the 2018 Texas Super Lawyers List

Macdonald Devin is proud to announce that seven of the firm’s attorneys were once again recognized by their peers and colleagues for their legal excellence, achievements, and professionalism. The 2018 list of Texas Super Lawyers, comprised of no more than five percent of all attorneys in the state, includes among its ranks the following Macdonald Devin lawyers who are representative of the firm’s commitment to providing sophisticated and innovative counsel:   Clayton E. Devin – Business Litigation. For the 14th year in a row, Clayton Devin is being honored with inclusion on the Texas Super Lawyers list. Clayton is Board  | READ MORE


Macdonald Devin Elects Four Attorneys to Shareholders of the Firm

Macdonald Devin is proud to announce that four of its attorneys have been elected to shareholders of the firm. The hard work and legal excellence exemplified by Rebecca Alcantar, Jason Jung, Jacob Borchers, and Jennifer Cheek make them welcome and deserving additions to the firm’s shareholder ranks. Rebecca Alcantar centers her practice on the resolution of complex litigation matters, including the defense of construction lawsuits, healthcare liability claims, premises liability, transportation, products liability, and general business litigation. Rebecca’s skills as a business litigator have earned her the trust of a wide range of domestic and international companies and insurers as well  | READ MORE


Greg Ziegler argues first appellate case for applying A/E Certificates of Merit to arbitrations.

In a case of first impression in Texas involving the application of the certificate of merit statute to arbitrations of architect/engineer professional liability claims, Greg Ziegler submitted oral argument in the Dallas Court of Appeals on September 11, 2018 in the case of SM Architects, et al. v. AMX Construction.  A design-builder filed an arbitration case against Macdonald Devin’s architect client for $5 million alleging breach of contract, negligence, and tortious interference arising out of an allegation that the architect did not design a health care facility within budget, which the architect vehemently denies.  The design-builder plaintiff failed to file  | READ MORE


A/E Team completes two-week Chicago trial of $11.5 million case against Corps of Engineers

Macdonald Devin’s Architects & Engineers Professional Liability team returned to Dallas this week after completing a two-week trial in Chicago before the U.S. Court of Federal Claims.  The A/E Team defended the architect/engineer professional in an alleged design defect case brought by the U.S. Army Corps of Engineers for $11.5 million arising out of flooding of a combined storm and sewage overflow distribution chamber.  Post-trial briefing will be completed in 90 days.  The A/E team will then argue the case to the presiding judge in Washington, DC in December.  A decision is expected in January, 2019.  Lead counsel for the  | READ MORE


Macdonald Devin successful in defeating Class Certification and Order of Dismissal in Medical Device Class Action

David Macdonald and James Parish were successful in defeating in class certification in a medical device class action pending in United States District Court in the Southern District of California.  Five months later, they were successful in convincing the Court to dismiss their medical defense client and the ongoing class action. | READ MORE


Macdonald Devin successful in extricating property management client from a $28 million premise liability demand

David Macdonald and Jennifer LeBlanc were successful in extricating a property management company named as a defendant in the premise liability sexual assault claim which ultimately settled the second week of trial of co-defendant security company paying the entire settlement.  Cross claim for indemnity and contribution severed before trial and will be pursued once final settlement documents have been entered. | READ MORE


Amy Harris and Bryan Rutherford Win in Texas Supreme Court for Architecture Client

Appellate lawyers for Macdonald Devin achieved a victory in the Texas Supreme Court for a Minneapolis-based commercial architectural firm sued after foundation defects were discovered in an Austin-area hotel.  The trial court had entered a take nothing judgment following a favorable jury verdict for alleged breach of contract for the architect’s coordination services and on breach of contract for the structural engineering design of the foundation after the general contractor and geotechnical engineer settled for $1.2 million, applying the settle credit afforded by the common-law one satisfaction of judgment rule.  But despite the take nothing judgment on liability, the trial  | READ MORE


Deke Owen Secures Dismissal for Geotechnical Engineering Client in Major Retaining Wall Case.

Shareholder Deke Owen  obtained dismissal for one of Macdonald Devin’s global geotechnical engineering firm clients in a multi-party, multi-million dollar retaining wall case in Collin County, Texas involving allegations by NTTA that three major segments of the Dallas North Tollway required complete replacement.  The dismissal occurred early in the litigation, saving the client hundreds of thousands of dollars in litigation costs.   | READ MORE


Bill Gardner to Be Part of Panel Discussion About Risk and Liability Issues for Design Professionals

On April 24, Macdonald Devin Shareholder Bill Gardner will be speaking to the Dallas Building Enclosure Council as part of a panel discussion, “Keeping Building Enclosures Out of the Courtroom.” Gardner will be addressing risks faced by, and risk management techniques available to, design professionals during all phases of the contracting process for public and private projects. For more information, see https://www.aiadallas.org/v/event-detail/Keeping-Building-Enclosures-Out-of-the-Courtroom/584/ | READ MORE


Congratulations to Macdonald Devin Attorneys Selected as 2018 Rising Stars

Macdonald Devin is well represented again on this year’s Texas Rising Stars list. Each year no more than 2.5 percent of the lawyers in the state are selected to receive this honor, which is reserved for attorneys 40 years or younger or in the first 10 years of their practice who have attained a high degree of peer recognition and professional achievement.  This year’s recipients include Bill Gardner, Jacob Borchers, Jason Jung, and Maria Orozco.  Please join us in congratulating all four. For the fifth year in a row, Bill was chosen for inclusion on the list in the area  | READ MORE


Macdonald Devin wins summary judgment and subsequent appeal for government utilities operator

John Kenefick, Bryan Rutherford, and Jason Jung all contributed to winning an appeal before a three-judge panel for the Court of Appeals in the First District of Texas.  Two residences in Houston, Texas were damaged after heavy rainfall in 2015 caused a failure to the water distribution system. The client was a contractor that operated the equipment owned by the local Water Control District. The trial court granted summary judgment because the Plaintiffs failed to designate experts to provide evidence that the client failed to act as a prudent operator of the equipment, or that the client caused the failure  | READ MORE


Macdonald Devin secures favorable commercial litigation settlement for global architectural engineering firm

Greg Ziegler, Bill Gardner, Wes Davis, and Ty Vessels teamed to help a global Top 100 architectural engineering firm reach a settlement for full contract price plus all attorney’s fees and costs in a lawsuit Macdonald Devin filed against worldwide computer software providers for breach of contract and warranty. The computer software provider had refused to refund the client’s money despite the defective nature of the products and services sold, leaving the client no choice but to file suit.  After numerous and lengthy pre-discovery procedural motions and a mandamus failed, the software providers were forced to submit to depositions, at  | READ MORE




2017

Macdonald Devin wins summary judgment in Dallas for global geotechnical engineering firm

Greg Ziegler, Bill Gardner, Deke Owen, Wes Davis, and Kate Valent all contributed to a team effort in winning summary judgment for Macdonald Devin’s global geotechnical engineering client.  The multi-school foundation defect case, pending in the 101st District Court, involved multiple parties and alleged over $8 million in actual damages.   After the client was joined to the lawsuit by the defendant architect by way of third-party action, Macdonald Devin pursued summary judgment immediately in an effort to avoid the client paying hundreds of thousands of dollars in defense costs or paying that amount in a cost-of-defense settlement at mediation. | READ MORE


Seven Macdonald Devin Attorneys Selected to the 2017 Texas Super Lawyers List

Once again, Macdonald Devin attorneys were well represented on the annual Texas Super Lawyers list. Each year, no more than five percent of the lawyers in the state are selected by the research team at Super Lawyers to receive this honor. On the 2017 edition of the list, seven of the firm’s lawyers were recognized for their professional excellence and achievements:   Clayton E. Devin – Business Litigation.  Macdonald Devin shareholder Clayton Devin is being honored with inclusion on the Texas Super Lawyers list for the 13th straight year. Board Certified in Civil Trial Law and Personal Injury Trial Law  | READ MORE


Bill Gardner authors article in Dallas Bar Association Headnotes

Bill Gardner is the author of an article published in Dallas Bar Association Headnotes. “Flow-Down Indemnity Clauses in Construction Contracts” appears in the September 2013 issue.   | READ MORE


Greg Ziegler and Rebecca Alcantar secure early dismissal for electrical engineering firm in refinery workplace double amputation case

An electrical engineering firm sued for defective design was voluntarily dismissed from a multi-million dollar, multi-party catastrophic workplace injury case arising out of an accident resulting in a refinery construction worker suffering double amputation.  Greg Ziegler and Rebecca Alcantar immediately and aggressively pursued discovery, motions to compel, and motions for summary judgment that eventually resulted in the Plaintiffs voluntarily dismissing the electrical engineering firm from the lawsuit, thereby saving the engineering firm hundreds of thousands of dollars in future legal fees. | READ MORE


Congratulations 2017 Rising Stars: Bill Gardner, Deke Owen, Jason Jung, and Jacob Borchers

Macdonald Devin is well represented again on this year’s Texas Rising Stars list. Each year no more than 2.5 percent of the lawyers in the state are selected to receive this honor, which is reserved for attorneys 40 years or younger or in the first 10 years of their practice who have attained a high degree of peer recognition and professional achievement.  This year’s recipients include Bill Gardner, Deke Owen, Jason Jung and Jacob Borchers.  Please join us in congratulating all four. For the fourth year in a row, Bill Gardner was chosen for inclusion on the list in the  | READ MORE


Macdonald Devin: A Texas Top Ranked Law Firm

Macdonald Devin has been ranked by LexisNexis Martindale-Hubbell as one of the top law firms in Texas. Martindale’s Peer Review Ratings™ are an objective indicator of a lawyer’s high ethical standards and professional ability, generated from confidential evaluations of lawyers by other members of the bar and members of the judiciary who provide reviews of lawyers about who they have professional knowledge. Five of Macdonald Devin shareholders — David Macdonald, Clayton Devin, Amy Harris, Patrick Madden and John Kenefick — have been given the highest rating of AV Preeminent. | READ MORE


Greg Ziegler and Bill Gardner win dismissal for architectural engineering firm in $5 million commercial case

Greg Ziegler and Bill Gardner successfully defended an architectural engineering firm sued for multiple millions of dollars arising out of a dispute over a minority sub-consultant who was not selected to be part of a large transportation project. The suit was originally filed in state court, alleging breach of contract, breach of joint venture, negligent misrepresentation, and promissory estoppel.  But Greg Ziegler and Bill Gardner removed the case to federal court, defeated Plaintiff’s motion to remand, and won summary judgment on all claims.  Plaintiffs appealed to the Fifth Circuit Court of Appeals, which upheld the summary judgment except on the  | READ MORE


Deke Owen joins as new shareholder in Greg Ziegler’s group

Macdonald Devin P.C. is pleased to announce more growth, with the addition of shareholder Deke Owen to the firm. Mr. Owen is Board-Certified in Construction Law by the Texas Board of Legal Specialization. He is a litigation attorney whose practice focuses primarily on construction law, professional liability for design professionals and attorneys, premises liability, and commercial litigation. He also offers arbitration and mediation services in these areas. Mr. Owen has extensive experience defending construction defect claims on public and private projects, representing Architects and Engineers in multi-party construction litigation, as well as routinely representing professionals in multi-million dollar claims for  | READ MORE


Macdonald Devin Obtains Appellate Victory Involving Construction Liability

Macdonald Devin attorneys Greg Ziegler and Wes Davis secured an appellate victory for an architectural firm arising out of a Travis County District Court trial involving foundation movement at a Courtyard Marriott Hotel near the Austin Airport.  The Plaintiff, a company owned by billionaire Robert L. Johnson, sought millions of dollars in alleged damages plus nearly a million dollars in attorney’s fees.  The jury returned a verdict favorable for the architect, but found the architect’s sub-consulting structural engineer caused over $700,000 in damages.  The trial court reduced the actual damages to $0, but awarded the Plaintiff attorney’s fees and costs  | READ MORE


Macdonald Devin Obtains Appellate Victory for Architect

Macdonald Devin attorneys Greg Ziegler and Wes Davis secured an appellate victory for an architectural firm arising out of a Travis County District Court trial involving foundation movement at a Courtyard Marriott Hotel near the Austin Airport. The Plaintiff, a company owned by billionaire Robert L. Johnson, sought millions of dollars in alleged damages plus nearly a million dollars in attorney’s fees.  The jury returned a verdict favorable for the architect, but found the architect’s sub-consulting structural engineer caused over $700,000 in damages.  The trial court reduced the actual damages to $0, but awarded the Plaintiff attorney’s fees and costs  | READ MORE


Wes Davis and Greg Ziegler win summary judgment for architect

Greg Ziegler and Wes Davis obtained summary judgment for a local architectural firm in a dangerous multi-family residential development mold case in Bexar County (San Antonio) Texas. The summary judgment motion, based on the economic loss rule and the Texas Supreme Court opinion LAN/STV v. Eby, was filed contemporaneously with our client’s original answer and granted within 90 days of our appearance, saving Macdonald Devin’s client hundreds of thousands of dollars in defense costs. The trial judge agreed that general contractors cannot join design professionals in construction defect cases arising out of design-bid-build projects | READ MORE




2016

Macdonald Devin Attorneys Obtains Appellate Victories in Medical Liability Claims

Macdonald Devin attorneys recently obtained two appellate victories, mandating dismissal of medical liability claims against nursing facilities. Both cases involved pre-trial medical expert reports required by the Texas Civil Practice and Remedies Code for all medical liability claims. Chapter 74 of the Code requires claimants in medical liability cases to submit a report from a qualified physician, adequately identifying the conduct called into question. In both cases, trial courts in Dallas County initially allowed the claimants to amend otherwise deficient reports, but ultimately denied the nursing facilities’ motions to dismiss. On interlocutory appeal, Macdonald Devin attorney Wes Davis obtained orders  | READ MORE


Jennifer Edgeworth and Wes Davis win summary judgment for structural engineer

Shareholder Jennifer Edgeworth and Associate Wes Davis won summary judgment for a structural engineering firm and its individual licensed structural engineer sued by a commercial building owner which did not have a contract with the engineering defendants. Jennifer and Wes argued that the economic loss rule and the Texas Supreme Court’s opinion in LAN/STV v. Eby required summary judgment immediately as a matter of law without factual or expert discovery. Macdonald Devin substituted as counsel for the engineering defendants after the case had languished for over a year.  Summary judgment was obtained within 3 months of MacDonald Devin’s appearance without  | READ MORE


Macdonald Devin – Architect & Engineers Legal, Risk and Insurance Conference

Join Greg Ziegler and his team along with industry expert speakers as they provide valuable insight into the latest legal news impacting your practice.  You don’t want to miss this complimentary seminar! February 3, 2017, 11am – 3pm Lunch and cocktail reception Who should attend? Architects, engineers, in-house counsel, insurance claims representatives, brokers, and underwriters CE Credits CE/MCLE credit for TBAE, TBPE, TDI, and SBOT approval pending Registration information arriving via email in January 2017   Click the appropriate link below to add this event to your calendar. iCalendar  •  Google Calendar  •  Outlook  •  Outlook Online  •  Yahoo! Calendar | READ MORE


Greg Ziegler, Bill Gardner, and Rebecca Alcantar obtain dismissal for global geotechnical engineering firm in New Mexico

Greg Ziegler, Bill Gardner and Rebecca Alcantar obtain dismissal for global geotechnical engineering firm in 43-home residential construction defect claim in New Mexico. Macdonald Devin’s attorneys successfully defended an international geotechnical engineering firm sued as part of a multi-party case arising out of a new, multiple-phase residential development in New Mexico in which no fewer than 43 homes allegedly experienced foundation problems. Macdonald Devin’s geotechnical engineering client was dismissed from the case and paid nothing in a global settlement of the multi-party litigation. | READ MORE


Greg Ziegler hired to defend global structural engineering firm in alleged $10 million construction cost and delay litigation

Greg Ziegler has been retained to serve as lead counsel for an international engineering firm to defend the firm’s structural engineering services in a lawsuit filed by the project general contractor seeking $10 million for delay and construction cost overruns involving a prominent project in downtown Charleston, SC. | READ MORE


Greg Ziegler retained as outside general counsel by DFW-area architectural engineering firm

Greg Ziegler has been engaged to serve as outside general counsel for a long-standing, well-respected architectural engineering firm with a significant presence in the Dallas-Fort Worth area for over 30 years. Greg will advise the firm on business points, including contract negotiation, as well provide as dispute resolution advice and litigation services. | READ MORE


Jennifer Edgeworth joins as new shareholder in Greg Ziegler’s group

Macdonald Devin P.C. is pleased to announce the addition of Jennifer Edgeworth to the firm. Ms. Edgeworth is a community leader and accomplished trial attorney. Throughout her career, she has repesented Fortune 500 companies, small businesses and individuals, and has defended multi-million dollar claims. Her practice focuses on construction defect, employment law, environmental law, general business law, contract drafting and negotiation, premises liability, product liability, professional liability, and toxic torts. She is a frequent speaker and presenter on a variety of litigation and general business topics. Ms. Edgeworth has served as the Lead Texas Chairperson for Claims and Litigation Management Alliance,  | READ MORE


Greg Ziegler and Rebecca Alcantar secure highly defense-favorable settlement for geotechnical engineers

A national homebuilder doing business in the DFW Metroplex  sued local geotechnical engineers after the homebuilder settled over two-dozen claims with homeowners in response to the homeowners’ complaints about the builder’s alleged poor grading and drainage and the absence of gutters and downspouts allegedly causing foundation problems. The homebuilder sought damages in excess of $3 million. The case ultimately settled for less than the anticipated cost of defending the case through trial.  Greg Ziegler and Rebecca Alcantar successfully represented the geotechnical engineers. | READ MORE


Congratulations to Bill Gardner and Jason Jung: 2016 Rising Stars

Macdonald Devin is pleased to announce that Shareholder Bill Gardner and Associate Jason Jung have been selected for inclusion on the 2016 Texas Rising Stars list – the top up-and-coming attorneys who are 40 years of age or younger, or have been in practice for 10 years or less.Bill Gardner and Jason Jung: 2016 Rising Stars Each year, no more than 2.5 percent of lawyers in the state are honored with this distinction. Selections are based on peer nominations. The complete 2016 Texas Rising Stars list will appear in the April 2016 issues of Texas Monthly and Texas Super Lawyers  | READ MORE


Greg Ziegler selected as lead counsel for architectural engineering firm in $10.5 million delay claim regarding the new El Paso

Greg Ziegler has been tapped as lead counsel to defend a national architectural engineering firm in a $10.5 million delay claim involving the new El Paso Federal Courthouse.  Completion of construction on the critically-acclaimed, award-winning project was delayed 600 days. | READ MORE


Greg Ziegler wins jury trial for architect in $6 million hotel foundation case

Greg Ziegler successfully defended an architect sued for breach of contract and $6 million involving allegations of failure to coordinate arising out of foundation movement at an Austin hotel. After a two-week trial, Travis County jury returned a verdict for Macdonald Devin’s architectural client on the failure to coordinate claim. | READ MORE




2015

David Macdonald retained by Fortune 500 Company defend a wrongful death case

David Macdonald has recently been retained to represent a medical device manufacturer in a series of surgical mesh cases filed in St. Louis, Missouri.   | READ MORE


David Macdonald retained to defend a product defect claim with alleged damages of approximately $17,000,000

David Macdonald has been retained to defend a Neurological Consulting Group which also involves claims of product defect with alleged damages of approximately $17,000,000. | READ MORE


David Macdonald retained to represent medical device manufacturer in series of surgical mesh cases

David Macdonald has recently been retained to represent a medical device manufacturer in a series of surgical mesh cases filed in St. Louis, Missouri.   | READ MORE


Macdonald Devin Attorneys Selected as 2015 Super Lawyers

Macdonald Devin is pleased to congratulate its attorneys for being selected as 2015 Texas Super Lawyers.  They represent clients in various practice areas, including Business Litigation, Insurance Defense, Construction Litigation, Transportation, Appellate, Products Liability, Health Law, and Food, Drug, and Medical Device. Texas SuperLawyers is a Thompson Reuters publication which recognizes outstanding lawyers from more than 70 diverse practice areas across the state of Texas. No more than 5% of Texas attorneys are selected via the publication’s patented process, which includes a statewide survey of lawyers, an independent research evaluation of candidates, and peer reviews. David Macdonald | Civil Litigation  | READ MORE


Greg Ziegler selected as consulting counsel in alleged $10 billion oil refinery case

A national professional liability insurance carrier has selected Greg Ziegler to serve as its consulting counsel in an alleged $10 billion oil refinery case. | READ MORE


Greg Ziegler and Dean Siotos earn victory in the Valley for civil engineer

On May 1, 2015, Greg Ziegler and Dean Siotos won summary judgment in the Rio Grande Valley venue of Starr County for a civil engineering firm sued for alleged negligent design and construction administration.  The Plaintiff, a local school district, sought $10 million. | READ MORE


Greg Ziegler selected as speaker for Texas Society of Professional Engineers Conference and 79th Annual Convention

Greg Ziegler was invited by the Texas Society of Professional Engineers to speak at TSPE’s Conference and 79th Annual Convention in Houston on June 18, 2015.  Greg presented on the topic of Risk Management, speaking to Texas engineers about approaches to minimize risk and manage legal claims efficiently and economically. | READ MORE


Greg Ziegler and Edward Johnson win jury trial for nursing home company

A Collin County jury returned a defense verdict for Macdonald Devin’s nursing home client in a lawsuit brought by the heirs of a nursing home resident’s estate. The lawsuit alleged that two Stage IV pressure ulcers developed due to alleged failure to properly assess, monitor, and treat the ulcer and alleged failure to timely notify the treating physician of the worsening and infection of the wound. Photographs and graphic hospital records describing the ulcers were admitted into evidence and published to the jury. After a week of trial, the jury rejected the Plaintiffs’ claims, finding that the nursing home complied  | READ MORE




2014

Congratulations to new shareholders: Bryan Rutherford, Mark Roberts, and Bill Gardner

Macdonald Devin congratulates new shareholders, announced at an event held at the Omni Hotel in Dallas on December 19, 2014. Bryan Rutherford is a former Dallas County Assistant District Attorney and joined Macdonald Devin in 2003. He practices in state and federal trial and appellate courts, primarily in matters arising from commercial disputes, first-party insurance litigation, construction litigation, and nursing home litigation.  He was named a Texas Monthly Super Lawyer in 2014 and a Rising Star for 4 years previously. Mark C. Roberts, II  has over 20 years of experience representing companies and professionals in litigation throughout Texas, primarily focusing on representing architects and  | READ MORE


Clayton Devin Speaks at State Bar of Texas Seminars in Dallas, San Antonio, and Houston

Clayton Devin recently spoke at the State Bar of Texas Advanced Personal Injury Seminar, in Dallas, San Antonio, and Houston.  His topic was “Resolution of Medicare Secondary Payer Issues in Third-Party Liability Cases”.  The Advanced Personal Injury Seminar is one of the State Bar’s most highly attended educational events.  Clayton also served on the planning committee for the seminar.     | READ MORE


David Macdonald and Jennifer LeBlanc Sustain MSJ for Medical Device Manufacturer

David Macdonald and Jennifer LeBlanc successfully sustained the granting of a Motion for Summary Judgment on behalf of a medical device manufacturer in a wrongful death personal injury law suit. Lawrence Bailey, Appellant vs. Respironics, Inc. and Respironics Colorado, Inc., Appellees. Click here to see the Decision, published July 23, 2014 in the Court of Appeals, 5th District of Dallas, Texas; No. 05-11-01057-CV. | READ MORE


Clayton Devin selected to Planning Committee and Faculty of the SBOT Advanced Personal Injury Seminar

Clayton Devin has been selected to the planning committee and faculty of the SBOT Advanced Personal Injury Seminar. For the seminar to be held in August 2014 in Houston, he will be speaking on Resolution of Medicare Secondary Payer Issues in Personal Injury Liability Cases. | READ MORE


Greg Ziegler wins defense-favorable result for structural engineer

Greg Ziegler represented a structural engineer sued in Rockwall County for alleged insufficient foundation design.  After four days of jury trial, including the successful cross examination of Plaintiffs’ structural engineering experts,  Plaintiffs agreed to a cost-of-defense settlement.  The claims against the co-defendant construction contractor went to the jury, which returned a verdict for $22 million against the contractor. The jury found that Macdonald Devin’s structural engineering client was not responsible. | READ MORE


Clayton Devin Elected TADC Treasurer for 2014-2015

Clayton Devin has been elected to serve as Treasurer and member of the Executive Committee of the Texas Association of Defense Counsel for the 2014-2015 term.  The TADC is a statewide group of commercial and personal injury trial lawyers, and is the state component of the Defense Research Institute.  Clayton previously served in several other capacities in the organization, most recently as Legislative Vice-President.     | READ MORE


Recognizing Excellence: 2014 Rising Stars, Bill Gardner and Jason Jung

Recognizing Excellence: 2014 Rising Stars, Bill Gardner and Jason Jung Macdonald Devin congratulates Bill Gardner and Jason Jung on their selection as 2014 Rising Stars. Texas Rising Stars recognizes lawyers across more than 70 practice areas who are 40 years or younger or in the first 10 years of their practice.Inclusion is based on a patented selection process comprised of detailed and comprehensive nominations, evaluation and research, yielding only those who have both a high degree of peer recognition and professional achievement. Ultimately, no more than 2.5 percent of eligible lawyers in the state are named to the Texas Rising  | READ MORE


Clayton Devin Speaks at TADC Spring Meeting on Current Trends in Construction Indemnity Issues

Clayton Devin was a presenter at the TADC Spring Meeting, speaking on current trends in construction indemnity issues. | READ MORE


Greg Ziegler Win a Defense Verdict for National Health Care Provider

Plaintiff filed suit against a nursing home after the decedent suffered fatal injuries after falling out of her bed.  Plaintiff alleged the nursing home negligently caused the decedent’s injuries due to the placement of an IV pole.  At arbitration, the evidence showed that the decedent had a physician’s order for a “continuous feed” which required an IV pole to be next to the decedent 24 hours a day. Greg Ziegler was able to show that the event was an unavoidable accident and the nursing home met the standard of care by following all of the physician’s orders.  The arbitrator ruled in favor of the nursing home on all claims. | READ MORE




Prior

Clayton Devin selected to faculty of the 2013 State Bar of Texas Advanced Personal Injury Law Seminar

Clayton Devin was selected to the faculty of the 2013 State Bar of Texas Advanced Personal Injury Law seminar. Clayton presented the "Legislative Update" section of the program, along with Brad Parker, President of the Texas Trial Lawyers Association. | READ MORE

Greg Ziegler leads defense of geotechnical engineer in successful settlement of $30 million wharf failure lawsuit

Greg Ziegler served as lead counsel in the defense of a globally-recognized geotechnical engineering firm in a $30 million, multi-party lawsuit involving the failure of a wharf under construction on the Texas Gulf Coast. The plaintiff-owner alleged that the geotechnical engineering firm was a major target and focused significant attention in discovery attempting to develop evidence of professional negligence. The case settled after mediation. | READ MORE

David Macdonald and Jennifer LeBlanc Obtain Dismissal for Pharmaceutical Manufacturer

David Macdonald and Jennifer LeBlanc were successful in obtaining a dismissal for a pharmaceutical manufacturer defendant, in which the Plaintiff claimed personal injuries, after 2 1/2 years of litigation, based on the learned intermediary doctrine defense. | READ MORE

Clayton Devin Elected Legislative Vice-President of theTexas Association of Defense Counsel

Clayton Devin has been elected to the post of Legislative Vice-President of the Texas Association of Defense Counsel for 2013. The position involves TADC's efforts to advance legislation and administrative rules supportive of the state judicial system and the right to trial by jury. | READ MORE

David Macdonald Retained as Statewide Local Counsel for National Meningitis Litigation

David Macdonald has been retained as statewide local counsel for New England Compounding Corporation in the national Meningitis Litigation. | READ MORE

Greg Ziegler and Steve Baggett win trial for Architectural Engineering firm against Corps of Engineers in $7 million lawsuit

Greg Ziegler served as lead counsel and Steve Baggett as briefing associate for an Architectural Engineering firm in the trial of a lawsuit brought by the United States Army Corps of Engineers pending in the United States Court of Federal Claims. | READ MORE

Clayton Devin and Jason Jung Secure Defense Verdict in Barnett Shale Dispute

Clayton Devin and Jason Jung secured a defense verdict in Parker County, Texas for a publicly-traded oilfield service company in a dispute with the owner/operator of a Barnett Shale Field saltwater injection well. Macdonald Devin attorneys in the news Clayton Devin and Jason Jung Secure Defense Verdict for in Barnett Shale Dispute | READ MORE

Greg Ziegler and Bryan Rutherford Win in Texas Supreme Court for Geotechnical Engineering Firm

A homeowner's association sued a geotechnical engineering firm for alleged design defects arising out of the failure of a retaining wall slope.  The plaintiff homeowner's association attempted to support its lawsuit with a certificate of merit that the defendant geotechnical engineering firm deemed objectionable and non-compliant with the Texas Certificate of Merit Statute.  | READ MORE

Clayton Devin Set to be a Featured Speaker at the 2013 Annual Conference of CLM

Clayton Devin, Shareholder at Macdonald Devin PC, will be one of the featured speakers at the 2013 Annual Conference of the Claims and Litigation Management Alliance (CLM). The Annual Conference will be held from April 10 to 12 in San Antonio. Mr. Devin will be speaking on the topic Medicare-Addressing Medicare Secondary Payer Compliance in Liability Settlements. | READ MORE

John Kenefick and Mandi Phillips Win Pre-Trial Elimination of $1M in Claimed Damages

Macdonald Devin Attorneys John Kenefick and Mandi Phillips successfully won a Daubert Motion to strike some of the opinions offered by Plaintiff's expert in a personal injury case arising out of the alleged injury of Plaintiff truck driver at the Defendant client's plant. | READ MORE

Greg Ziegler and Bill Gardner help prevent implosion of high rise in downtown Dallas

Concerns were raised about the scheduled implosion of the 15-story historic Praetorian Building by the building's neighbors, including Stone Street Gardens, which is represented by Macdonald Devin attorneys Greg Ziegler and Bill Gardner. | READ MORE

Macdonald Devin donates computers to Pre-K Academy

The First United Methodist Church of Bedford was the recipient of 27 computers for their Pre-K Early Childhood Academy, donated by Macdonald Devin. The computers will be used in the classroom by the children to learn how to count, recognize colors, the building blocks of reading, and varied programs to educate the 3-5 year olds about the world around them. | READ MORE

Bryan Rutherford and John Kenefick win appeal for fitness center and personal trainer

The plaintiff sued her personal trainer and fitness center for claims arising from a personal injury she sustained while exercising. On the eve of trial, the trial court granted summary judgment to both defendants, based on contractual indemnity and release clauses. The Dallas Court of Appeals affirmed the summary judgment, holding defendants satisfied the express negligence doctrine, which barred the plaintiff's claims. | READ MORE

Jennifer LeBlanc and Bryan Rutherford win appeal for orthopedic surgeon

Jennifer Leblanc, Shareholder at Macdonald Devin, P.C., won an appeal from the Court of Appeals of Texas, Fifth District, Dallas on behalf of an orthopedic surgeon. The plaintiff asserted medical malpractice claims against the James Key, M.D., an orthopedic surgeon. The Dallas Court of Appeals reversed the trial court's order denying the physician's motion to dismiss based on the plaintiff's failure to comply with the statutory deadline for serving expert reports under the Texas Civil Practice & Remedies Code. | READ MORE

Greg Ziegler, Bryan Rutherford, and Bill Gardner win dismissal for engineer and engineering firm

Plaintiffs sought to develop a residential subdivision in San Benito, Texas, and hired the engineer and engineering firm to design the development and to supervise the construction. When the development did not meet certain municipal code requirements, Plaintiffs alleged a variety of claims against the engineer and engineering firm. Defendants moved to dismiss Plaintiffs' claims for failure to comply with Chapter 150's Certificate of Merit requirements; the trial court denied the dismissal motion. | READ MORE

Bryan Rutherford and Greg Ziegler win appeal for nursing home, award of attorney’s fees on remand

The plaintiff sued a nursing home, alleging wrongful death arising from the health care provided to plaintiff's grandmother. The nursing home sought dismissal in the trial court based on plaintiff's failure to serve an expert report that complied with Chapter 74, the Texas Health Care Liability Act. | READ MORE

2011 Texas SuperLawyers Announced

Texas Super Lawyers is a listing of outstanding lawyers from more than 70 practice areas who have attained a high degree of peer recognition and professional achievement. Five shareholders from Macdonald Devin, P.C. have again this year been named Texas SuperLawyers. | READ MORE

David Macdonald and Jennifer LeBlanc obtain dismissal for a Fortune 100 medical device defendant

David Macdonald and Jennifer LeBlanc have been successful in obtaining a dismissal of a large Fortune 100 medical device defendant from a wrongful death product liability suit pending in North Carolina. | READ MORE

Jennifer LeBlanc and David Macdonald win Summary Judgment for Medical Device Manufacturer

Jennifer LeBlanc and David Macdonald win summary judgment for medical device manufacturer in a wrongful death lawsuit. Plaintiffs alleged negligent marketing, design and breach of warranty claims. Dallas County. | READ MORE

Greg Ziegler and Bryan Rutherford win appeal mandating dismissal of structural engineer in foundation case

Greg Ziegler and Bryan Rutherford represented a structural engineering firm sued for allegedly defective foundation design in Harris County (Houston), Texas. Greg Ziegler filed a motion to dismiss, which the trial judge denied. The Houston Court of Appeals reversed the trial judge and ordered that all claims against the structural engineer be dismissed. | READ MORE

Greg Ziegler wins dismissal for structural engineering firm in multi-million dollar Ocean Tower case

Greg Ziegler represented the structural engineering firm that designed the foundation of the Ocean Tower, a 32-story, beachfront, luxury condominium on South Padre Island. The Tower’s foundation settled 18 inches into the beach, causing the owner to abandon the project, implode the Tower, and file a multi-million dollar lawsuit. | READ MORE

Greg Ziegler wins summary judgment for structural engineer in medical building lawsuit

Greg Ziegler won summary judgment on behalf the structural engineer of record for a brand new medical complex in Collin County, Texas. The building experienced foundation movement and structural damage. The owner sued the general contractor who, in turn, filed third-party claims against the sub-contractors and the structural engineer for negligence, negligent misrepresentation, and contribution. After summary judgment was granted for the structural engineer as to the general contractor's claims, the owner then filed suit against the structural engineer. The court subsequently granted summary judgment for the structural engineer as to the owner's claims as well, resulting in a complete victory for Greg Ziegler's client. | READ MORE

Jennifer LeBlanc and Bryan Rutherford win appeal for dental college and oral surgeon

A Plaintiff sued an oral surgeon and dental college under the Texas Tort Claim Act, for alleged injuries sustained during a surgical procedure conducted at the college by the oral surgeon. The oral surgeon filed a motion to dismiss under Section 101.106 of the Texas Civil Practice & Remedies Code, which mandates dismissal of a claim filed against an employee when suit is filed against both a governmental until and its employee. The trial court granted the oral surgeon's motion to dismiss. | READ MORE

2010 Rising Stars: Jennifer LeBlanc, Blair Partlow, and Bryan Rutherford

Each year, a select group of Texas attorneys are selected to the prestigious list of Rising Stars. Macdonald Devin is proud to congratulate Blair Partlow, Jennifer LeBlanc, and Bryan Rutherford for being named 2010 Rising Stars. | READ MORE

John Kenefick and Laurie Elza Author Texas Chapter of DRI’s Construction Litigation Desk Reference

John Kenefick and Laurie Elza are authors of the Texas Chapter of Construction Litigation Desk Reference, A Fifty State Compendium published by Defense Research Institute. The efforts of the authors and editors have resulted in a unique Desk Reference for construction lawyers. | READ MORE

Greg Ziegler Wins Summary Judgment for Architect

Greg Ziegler wins summary judgment for architect on declaratory judgment action overturning arbitration panel ruling. | READ MORE

Macdonald Devin Shareholders Named Texas SuperLawyers 2009

The October 2009 issue of Texas Monthly, in conjunction with Law & Politics, announced it's annual list of Texas Super Lawyers. Five shareholders of Macdonald Devin PC were selected: David Macdonald, Clayton Devin, Amy Harris, Patrick Madden, and John Kenefick | READ MORE

Clayton Devin Elected Regional Vice President for TADC

Clayton Devin has been elected Regional Vice President for the Dallas Area of the Texas Association of Defense Counsel. This is his third year to serve in that capacity. | READ MORE

David Macdonald and Patrick Madden Obtain Summary Judgement for Medical Device Manufacturer

David Macdonald and Patrick Madden were successful in obtaining a Summary Judgement in Federal Court on behalf of a medical device manufacturer in a lawsuit in which the Plaintiffs claim that the medical device was the source of ignition in a house fire that caused the death of five individuals and injured three additional family members. The local Fire Marshall had previously identified the medical device as a possible source of ignition. | READ MORE

Bryan Rutherford to Serve on the City of Dallas Judicial Nominating Commission for 2009-2011 Term

Bryan Rutherford was reappointed to serve on the City of Dallas Judicial Nominating Commission. Nominated by Dallas City Council member Angela Hunt and the Dallas Bar Association’s Board of Directors, he served on the commission for the 2007-2009 term. | READ MORE

John Kenefick Authors Article Published in DRI For The Defense

John Kenefick authored the article Understanding Stigma Damage Claims which appears in the June 2009 edition of DRI's For The Defense. | READ MORE

Clayton Devin Represents Plaintiff in Commercial Dispute, Jury Awarded Requested Damages

Clayton Devin successfully represented the plaintiff in a commercial dispute in the 362nd District Court in Denton County, Texas. | READ MORE

Jury Exonerates Golf Club Designer/Importer in Death of Young Golfer

Clayton Devin and Laurie Elza successfully defended U. S. Kids Golf in a products liability case in the United States District Court for the Eastern District of Texas. The surviving parents of a deceased twelve-year old boy alleged that their son’s death resulted from design and manufacturing defects in a steel golf club shaft. They sued U. S. Kids Golf, the designer and importer of the golf club. | READ MORE

Jennifer LeBlanc, Bryan Rutherford, Blair Partlow and Alex Blue Selected as 2009 Rising Stars

Macdonald Devin attorneys Jennifer LeBlanc, Bryan Rutherford, Blair Partlow and Alexander Blue have been named 2009 Texas Rising Stars by Law & Politics magazine. The honor recognizes the top 2.5 percent of Texas attorneys who are under the age of 40 or who have been practicing law for 10 years or less. | READ MORE

Shareholders Selected for the Corporate Counsel Edition of Super Lawyers

Macdonald Devin proudly announces that 5 of our shareholders have been named to the Corporate Counsel Edition of Super Lawyers. David Macdonald, Amy Harris, and Patrick Madden have all been selected to appear in the Civil Litigation Defense practice area of the publication. | READ MORE

David Macdonald Retained as State Counsel for National Pain Pump Litigation

David Macdonald has been retained as state-wide counsel in Texas for the National Pain Pump Litigation. | READ MORE

David Macdonald Selected Chairman of the Board of Directors of Eagle International

David Macdonald has been selected as Chairman and member of the Board of Directors of Eagle International Associates, Inc., an international network of independent law firms, adjusters and claims related service providers. | READ MORE

Macdonald Devin Attorneys Defeat Class Certification in Las Vegas Hepatitis Suit

David Macdonald, Amy Harris and Pat Madden defeated Plaintiff's Application for Class Certification involving approximately 50,000 potential class members alleging exposure to Hepatitis B and Hepatitis C in Las Vegas, Nevada. | READ MORE

Laurie Elza to serve on 2005 Pro Bono Activities Committee

Laurie Elza has been appointed to serve on the 2005 Pro Bono Activities Committee for the Dallas Bar Association. The Pro Bono Activities Committee focuses on programs to improve the delivery of legal services to low income persons and provides assistance to legal service providers through volunteer lawyers who represent clients on a pro bono basis. The Committee also organizes the annual Pro Bono Awards Reception. | READ MORE

Greg Ziegler Wins Dismissal for Engineering Firm in a Case of First Impression

Greg Ziegler won a dismissal for an engineering firm in a case of first impression involving the recently-enacted Certificate of Merit Statute and argued the appeal before the Fort Worth Court of Appeals on October 24, 2004 | READ MORE


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