SUCCESS BASED ON LONG LASTING
RELATIONSHIPS FORGED IN INTEGRITY,
EXCELLENCE, COMMITMENT AND TEAMWORK.

Fanning Harper Martinson Brandt & Kutchin, P.C. is pleased to provide you with our Winter 2013 Newsletter and Legal Update.  Below you will find information regarding successes and activities of our attorneys.

Please click the hyperlinks for updates regarding Constitutional/Civil Rights, Local Government, Products Liability, Employment Law, School Law, Commercial Trucking Litigation, Premises Liability, Land Use, Zoning, and Regulatory Taking and Insurance Law.  Please call us with your questions or comments.

U.S. SUPREME COURT REVIEWING FHMBK VICTORY

Another FHMBK victory is being reviewed by the U.S. Supreme Court.  In our last newsletter, we reported our victory on behalf of a college professor who was sued for allegedly violating a student’s Due Process rights.  The case arose out of a grade dispute.  The Fifth Circuit agreed with our arguments and reversed the district court’s decision which had denied the professor’s motion to dismiss based on qualified immunity.  Recently, the attorney for the student filed a petition for writ of certiorari before the United States Supreme Court. We are hopeful that the Court will deny the writ and confirm our victory.

VICTORIES AND HONORS

DISTRICT COURT VICTORIES

THOMAS P. BRANDT, FRANK VALENZUELA, and LAURA O’LEARY successfully defended a private substance abuse treatment center from the claims of thirty-four former clients alleging constitutional violations, invasion of privacy, and negligence. FHMBK previously obtained the dismissal of nineteen of the former clients and then moved for summary judgment on all claims for the remaining fifteen plaintiffs.  The judge granted Defendant’s Motion for Summary Judgment in its entirety.

THOMAS P. BRANDT, FRANK VALENZUELA, and LAURA O’LEARY successfully defended a local school district in an employment case by a former employee alleging age, disability, and national origin discrimination.  FHMBK moved for summary judgment on all claims.  The state court granted Defendant’s Traditional and No-Evidence Motions for Summary Judgment and dismissed Plaintiff’s claims.

FRANK VALENZUELA and LAURA O’LEARY successfully defended a construction company in an
employment case brought by a former employee alleging age and disability discrimination and retaliation. FHMBK moved for summary judgment on all claims.  The federal court granted Defendant’s Motion for Summary Judgment and dismissed Plaintiff’s claims.

THOMAS P. BRANDT and JOHN F. ROEHM III successfully represented a North Texas school official in a suit filed by a parent on behalf of her children.  The parent alleged that the school official violated her children’s privacy.

MARC FANNING recently won five Summary Judgments for a regional grocery store client on premises liability cases involving slip and falls; disposing of the cases in a quick and cost effective manner for the client.

THOMAS P. BRANDT and JOHN HUSTED successfully defended an east Texas County and its former sheriff and deputy in a federal lawsuit brought by a convicted felon alleging that his Fourth, Fourteenth, and Second Amendment rights were violated.  The Plaintiff’s claims stem from a search of his residence by County officers, which led to his arrest and the confiscation of a cache of firearms and  ammunition that he illegally possessed.  After FHMBK filed a motion to dismiss, the Plaintiff agreed to enter a stipulation of dismissal forfeiting his claims, and the Court dismissed all of his claims with prejudice.

RON IHLE obtained a summary judgment in a toxic tort case.  The plaintiffs alleged the decedent was exposed to asbestos insulation and developed mesothelioma as a result of that exposure.  Ron successfully showed that his client was not responsible for the plaintiffs’ damages and his client was dismissed.

THOMAS P. BRANDT, JOSHUA SKINNER, and LAURA O’LEARY are currently representing a school district in a case before the Fifth Circuit Court of Appeals  involving allegations of disability discrimination.  FHMBK won summary judgment for the school district on all claims before the district court.  The United States Department of Justice recently filed an Amicus Brief in this matter.

SPEECHES AND PUBLICATIONS

• JOHN F. ROEHM III served as a judge at the Texas Undergraduate Moot Court Competition at SMU  Law School on February 22, 2013 and served as a judge at the Jackson Walker Moot Court Competition at SMU Law School on April 10, 2013.
• JOSH SKINNER and FRANK VALENZUELA presented a  continuing legal education live webcast on April 2, 2013 at the invitation of the State Bar of Texas on the topic of “Lawsuits against the Government.”

HONORS AND ANNOUNCEMENTS

• FHMBK is pleased to announce that firm members Joshua A. Skinner and Francisco J. Valenzuela have again earned recognition as two of the state’s top young lawyers with selections to the 2013 Texas Rising Stars list.  This is the fourth consecutive selection to the exclusive annual listing for both attorneys.  For more details, please click here.
• FHMBK is pleased to announce the return of civil litigator Stephen D. Henninger as a member of the firm’s Local Government Defense Law practice.  Steve previously worked as a member of the firm from 1999 to 2007.  To read the recent media release regarding his return, click here.

05/08/2013 – Summary Judgment Order

05/03/2013 – Defendant’s Third Amended Answer, Affirmative Defenses, Jury Demand and Request for Declaratory Relief

05/03/2013 – Plaintiffs’ Sixth Amended Petition and Application for Permanent Injunction

04/12/2013 – Petition in Intervention of Randall, Missy, Ashton and Whitney Jennings

04/11/2013 - Traditional Motion for Summary Judgment of Kountze ISD Regarding Its Request for Declaratory Judgment

04/04/2013 – No Evidence Motion for Summary Judgment of Kountze ISD and Kevin Weldon on Ultra Vires Claims

04/04/2013 – No Evidence Motion for Summary Judgment of Kountze ISD and Kevin Weldon on Damages

03/28/2013 – Discovery Control Plan Order

03/25/2013 – Kountze ISD’s Plea to the Jurisdiction and Request for Hearing

03/08/2013 – Defendants Kountze ISD’s and Kevin Weldon’s Special Exceptions to Plaintiffs’ Third Amended Petition and Application for Permanent Injunction

02/25/2013 – Plaintiffs’ Notice of Non-Suit

01/23/2013 – Plaintiffs’ Third Amended Petition and Application for Permanent Injunction

01/21/2013 – Reply to Plaintiffs’ Response to Weldon’s Traditional Motion for Summary Judgment

12/28/2012 – Kevin Weldon’s Traditional Motion for Summary Judgment

11/06/2012 – Defendants’ Answers and Affirmative Defenses to State of Texas’ Petition in Intervention

10/18/2012 – Order Granting Plaintiffs’ Application for Temporary Injunction

10/16/2012 – Petition in Intervention of the State of Texas

10/15/2012 – Plaintiffs’ Reply in Support of Application for Temporary Injunction

10/10/2012 – Defendants’ Response to Plaintiffs’ Request for Temporary Injunction

10/01/2012 – Supplemental Brief in Support of Plaintiffs’ Application for Temporary Injunction

10/01/2012 – Plaintiffs’ First Amended Petition, Application for Temporary Injunction, and Application for Permanent Injunction

09/27/2012 – Defendants’ Original Answer, Affirmative Defenses, Jury Demand, Special Exceptions, and Request for Declaratory Relief

09/20/2012- Plaintiffs’ Original Petition, Application for Temporary Restraining Order, Application for Temporary Injunction and Application for Permanent Injunction

09/20/2012 – Brief in Support of Plaintiffs’ Application for Temporary Restraining Order

09/20/2012 – Temporary Restraining Order

SUCCESS BASED ON LONG LASTING
RELATIONSHIPS FORGED IN INTEGRITY,
EXCELLENCE, COMMITMENT AND TEAMWORK.

Fanning Harper Martinson Brandt & Kutchin, P.C. is pleased to provide you with our Winter 2013 Newsletter and Legal Update.  Below you will find information regarding successes and activities of our attorneys.

Please click the hyperlinks for updates regarding Constitutional/Civil Rights, Local Government, Products Liability, School Law, Commercial Trucking Litigation, Premises Liability, Land Use, Zoning, and Regulatory Taking and Insurance Law.  Please call us with your questions or comments.

For additional updates and recently published papers on the following topics, please
click the hyperlinks below:

• Special Education Law:  Establishing the Framework of Special Education Law
• Employment  Law:  Title VII v. TCHRA: Who Cares?
• News Rules for Expedited Trials

VICTORY BEFORE THE UNITED STATES COURT
OF APPEALS FOR THE FIFTH CIRCUIT

THOMAS BRANDT and JOSHUA SKINNER obtained a victory on behalf of a college professor who was sued for allegedly violating a student’s Due Process rights. This case, which arose out of a grade dispute, was orally argued by Mr. Brandt in New Orleans on December 5, 2012.  The Fifth Circuit agreed with our arguments and reversed the lower court’s decision which had denied the professor’s motion to dismiss based on qualified immunity.

The Plaintiff claimed he had a property interest in: the summer 2009 English course; the grade he received in it; and obtaining a four-year education.  He claimed that he had a liberty interest in:  his good name; his reputation; and continuing to play football for the University of New Mexico.  The three judge panel of the Fifth Circuit stated that the Fifth Circuit “has not held that college academic decisions implicate property or liberty interests, entitling a student to constitutional due-process protections.”  The Fifth Circuit held that the Plaintiff had neither alleged a denial of access to an education, even on a temporary basis, nor placed in legitimate doubt the academic nature of the professor’s actions.  The Fifth Circuit stated that the Plaintiff’s asserted property or liberty interests were not established “beyond debate” and that, therefore, the Professor was entitled to qualified immunity.

VICTORY IN CANDY CANE CASE

THOMAS BRANDT and JOSHUA SKINNER obtained a victory for their client, an elementary school principal, who had been sued in the famous “Candy Cane Case.”

On February 13, 2013, United States District Judge Richard Schell issued an order adopting the report and recommendation of the United States Magistrate Judge.  The magistrate’s report and recommendation, issued September 25, 2012, recommended that the last remaining individual Defendant, an elementary school principal, be dismissed from the case.  Judge Schell adopted the findings and conclusions of the Magistrate Judge and ordered that the claims against the Defendant be dismissed with prejudice.  As a result of this decision, all of the individuals represented by FHMBK have now been dismissed from this suit.  We are very pleased to have obtained a complete victory on behalf of all of our clients in this case.

VICTORY IN KOUNTZE CHEERLEADER CASE

THOMAS BRANDT, JOSHUA SKINNER, and JOHN HUSTED obtained a significant victory in the Kountze Cheerleader case.  This victory involved the dismissal with prejudice of all claims brought against the former Superintendent of Kountze ISD, Mr. Kevin Weldon.  On February 25, 2013, the Plaintiffs in Matthews v. Kountze ISD and Kevin Weldon filed a notice of non-suit with prejudice as to former Kountze ISD superintendent Kevin Weldon.  The Plaintiffs’ decision to dismiss Weldon from the suit came after FHMBK attorneys filed and argued a Motion for Summary Judgment on behalf of Mr. Weldon.  We are very pleased to have obtained this complete victory for our client, Mr. Weldon.

SPEECHES AND PUBLICATIONS

• THOMAS P. BRANDT was recently quoted in a newspaper article which focused on the issue of guns in schools.  The article by Dan Freedman of the Hearst D.C. Bureau was entitled “NRA school safety leader says effort is for real.”  The article appeared in publications nationwide including the San Antonio Express News, the Beaumont Enterprise, the Midland Reporter-Telegram and the San Francisco Chronicle.
• MARC FANNING was interviewed on 570 AM, KLIF on December 27, 2012, regarding Big Tex being underinsured and the ramifications of businesses not carrying enough insurance on their property in order to addresses losses like this.  Click here to listen to this interview.
• MARC FANNING participated in a five person panel discussion on January 14, 2013, presented to the ADR section of the Dallas Bar Association regarding the new proposed Rule 169 for Expedited Trials.
• On  Friday, January 18, 2013, JOSHUA T. KUTCHIN addressed the National Business Institute seminar in Fort Worth, Texas.  The seminar was entitled “Litigating the Uninsured and Underinsured Motorist Claim” and Mr. Kutchin spoke on the topic of “Ethical Traps to Avoid” in the context of UM/UIM litigation.
• THOMAS P. BRANDT was recently interviewed by Kurt Gilchrist of KLIF radio regarding District Judge John Dietz’s decision declaring Texas’ school funding system unconstitutional as part of an ongoing cycle to secure sufficient educational funding for Texas children.  Click here to listen to this interview.
• THOMAS P. BRANDT was interviewed by FOX4′s Steve Eager regarding the murder of Kaufman County District Attorney Mark Hasse.  Click here to watch this video.
• On February 21, 2013, FHMBK attorney FRANK VALENZUELA participated in a joint presentation to the University of Texas School Law Conference in Austin titled “Title VII v. TCHRA: Who Cares?” which addressed the differences between federal and state law remedies in employment cases.
• On February 7, 2013, THOMAS P. BRANDT participated in a panel discussion at the ABA Midyear Meeting held in Dallas entitled GOD, THE LAW & THE SCHOOLHOUSE:  Religion in the Government Schools/Government in the Religious Schools.  The panelists discussed legal issues related to religious expression in public schools as well as the public’s support of religious schools.  Click here to read Mr. Brandt’s presentation paper.
• THOMAS P. BRANDT authored an article which will appear in the March, 2013 issue of  the Texas School Administrators’ Legal Digest.  You may read his article, “Render unto Caesar: Candy Canes, Cheerleaders, and the Ten Lessons I Have Learned in Religious Liberty Litigation” by clicking  here.

HONORS AND ANNOUNCEMENTS

FHMBK  is pleased to announce that NICHOLE M. PLAGENS has joined the firm. Nichole received her undergraduate degree in Politics from the University of  Dallas, graduating magna cum laude. She attended law school at Southern Methodist University, where she was a member of the SMU Law Review, served on the Board of Advocates, and participated heavily in trial advocacy competitions.

Attorneys Joshua A. Skinner and Francisco J. Valenzuela of Dallas-based Fanning Harper Martinson Brandt & Kutchin, P.C., again have earned recognition as two of the state’s top young lawyers with selections to the 2013 Texas Rising Stars list.

This is the fourth consecutive selection to the exclusive annual listing for both attorneys. Mr. Skinner is recognized for his work representing cities, municipalities and governmental entities in courtroom litigation and other legal matters. Mr. Valenzuela is recognized based on his work for business clients in employment litigation defense cases.

“As a firm, we are very pleased that Josh and Frank were selected to receive this recognition,” says Don Martinson, a director at the firm. “They have a true passion for and dedication to the practice of law that places them among the best young lawyers in this state.”

Texas Rising Stars honorees are selected by Thomson Reuters’ legal division,  recognizing the state’s best lawyers under the age of 40 and those who have been practicing law for no more than 10 years. Those honored are selected based on nominations from other lawyers across Texas and a review by the publication’s editors. The complete 2013 Texas Rising Stars listing appears in the April issues of Texas Monthly and Texas Rising Stars magazines.

Mr. Skinner earned his law degree at Ave Maria School of Law and his undergraduate degree at the University of Dallas. Mr. Valenzuela earned his law degree from Notre Dame Law School after securing his undergraduate degree from the University of Dallas.

Celebrating more than 50 years of service, Fanning Harper Martinson Brandt & Kutchin, P.C. is a Dallas-based law firm serving clients inside and outside the insurance industry, with legal expertise in areas that include contract disputes, labor and employment, governmental entities, construction, business and commercial disputes, professional liability, premises liability, motor vehicle and trucking accidents, products liability, toxic tort, school issues, appellate law, arbitration, and estate planning. More information on the firm is available at http://www.fhmbk.com.

SUCCESS BASED ON LONG LASTING
RELATIONSHIPS FORGED IN INTEGRITY,
EXCELLENCE, COMMITMENT AND TEAMWORK.

Fanning Harper Martinson Brandt & Kutchin, P.C. is pleased to provide you with our Fall 2012 Newsletter and Legal Update.  Below you will find information regarding successes and activities of our attorneys.

Please click the hyperlinks for updates regarding Constitutional/Civil Rights, Local Government, Products Liability, Employment Law, School Law, Commercial Trucking  litigation, Premises Liability, Zoning, Land Use and Taking, and Insurance Law.  Please call us with your questions or comments.

FHMBK NAMED AMONG TEXAS’ TOP RANKED LAW FIRMS FOR 2012

Fanning Harper Martinson Brandt & Kutchin, P.C., is proud to announce that it has earned a place on the 2012 Texas’ Top Ranked Law Firms list published by the respected legal services information provider Martindale-Hubbell.

In order to be considered for the exclusive listing, at least one-third of a firm’s lawyers must possess an AV Preeminent rating from Martindale-Hubbell, the highest rating available.

“The AV Preeminent rating is reserved for lawyers recognized by their peers for the highest level of professional excellence,” says Don D. Martinson, director at Fanning Harper. “I’m impressed each day by the level of expertise, professionalism and the attention to detail that Fanning Harper lawyers demonstrate.”

Only 217 firms are included in the list, which has been published in the 2012 Texas’ Top Ranked Law Firms magazine.  The magazine was included in the Oct. 31, 2012, editions of The Wall Street Journal and Texas Lawyer, in addition to being delivered to Texas subscribers of The American Lawyer, Corporate Counsel and The National Law Journal.

FHMBK lawyers in the Martindale-Hubbell list earned an average peer-score rating of 4.9 on a five-point scale. Qualities considered for the ratings include lawyers’ legal knowledge, analytical capabilities, judgment and legal experience.  FHMBK attorneys also earned high scores from clients for their communication abilities, responsiveness, quality of service and value.

CHEERLEADER CASE ATTRACTS NATIONAL ATTENTION

The “Kountze Cheerleaders’ Case” (Matthews, et al v. Kountze ISD and Kevin Weldon), a case being handled by FHMBK attorneys Thomas P. Brandt, Joshua Skinner and John Husted, has attracted national attention.   The case, though still in the early stages of litigation, has already been covered, sometimes on multiple occasions, by the major television networks as well as by the New York Times, the Los Angeles Times, the Wall Street Journal, and the Economist.  The story has been covered on Good Morning America as well as other similar national broadcasts.

Widespread interest in the case has resulted in FHMBK receiving numerous requests for the most pertinent pleadings in the case.  In order to address those requests, we have posted the most recent pleadings in the case here.

We will keep you posted as the case develops.

VICTORIES AND HONORS

DISTRICT COURT VICTORIES

THOMAS P. BRANDT, JOSHUA SKINNER, and LAURA O’LEARY successfully represented a North Texas community college district in an employment case alleging various Title VII claims, including that the former police officer employee was fired because of his race, ethnicity, religion, or in retaliation for his prior complaints.  FHMBK moved for summary judgment.  The federal district court granted summary judgment on all claims.

THOMAS P. BRANDT and JOSHUA SKINNER successfully represented a North Texas community college district in an employment case brought by two former police officer employees alleging that their employer violated Title VII by permitting a hostile work environment, by constructively discharging them, by failing to promote them and by retaliating against them for their prior complaints.  FHMBK filed a motion to dismiss for failure to state a claim.  The federal district court, holding that the plaintiffs’ complaint was deficient, ordered the plaintiffs to replead their complaint.  The plaintiffs failed to replead and FHMBK moved for dismissal for want of prosecution.  The district court granted the motion and dismissed the case with prejudice.

THOMAS P. BRANDT, JOSHUA SKINNER, and LAURA O’LEARY successfully represented a North Texas school district in a case involving allegations that student-on-student bullying led to the suicide of an elementary school student.  The plaintiffs alleged that the school district violated various special education laws as well as the United States Constitution.  FHMBK moved for summary judgment, pointing to the lack of evidence that bullying had occurred, that it had caused the death of the child, or that school officials failed to properly respond to allegations of bullying.  The federal district court granted the motion, dismissing all claims against the school district.

THOMAS P. BRANDT and JOSHUA SKINNER successfully represented an elementary school principal in the latest round of the long-running “Candy Cane” case.  The plaintiffs alleged that the principal had violated the First Amendment rights of a parent who wished to distribute religious messages to other parents during an in-class “winter break” party.  The principal told the parent that outside materials could be distributed on a distribution table in the library, but not in the classroom.  FHMBK moved for dismissal of the claims against the principal based on qualified immunity.  The federal magistrate judge recommended that the motion be granted, noting the lack of clarity in the law regarding the free speech rights of parents when attending school events.

THOMAS P. BRANDT, JOSHUA SKINNER, and JOHN HUSTED successfully defended the City Manager and several City Councilmembers of a North Texas City in an employment case brought by the former director of the City’s recreation department.  FHMBK attorneys successfully defended the city officials against the former director’s allegations that she was denied her procedural and substantive due process rights when she was terminated.

THOMAS P. BRANDT and FRANK VALENZUELA successfully defended a North Texas independent school district against a claim of employment retaliation asserted by a former employee.  FHMBK moved for summary judgment, pointing to the fact that the former employee had made no complaint that could serve as the basis for her claim and that the district was justified in terminating her based on her misconduct.  The state district court dismissed the retaliation claim against the school district.

THOMAS P. BRANDT, FRANK VALENZUELA, and LAURA O’LEARY successfully defended a private substance abuse treatment center from the claims of two former clients.  FHMBK moved to dismiss the plaintiffs’ claims, arguing that they had abandoned their claims and did not participate in the discovery process in violation of the rules of procedure and the court’s order.  The federal district court dismissed the two plaintiffs’ claims with prejudice.

THOMAS P. BRANDT, JOSHUA SKINNER and LAURA O’LEARY successfully represented a North Texas school district against allegations that school district officials had attempted to intimidate witnesses and destroy evidence in a civil case involving allegations that student-on-student bullying led to the suicide of an elementary school student.  FHMBK presented extensive evidence demonstrating the falsity of the plaintiffs’ claims.  The federal district court denied the plaintiffs’ motion and praised the school district administrator for her sensitive and appropriate conduct.

SPEECHES AND PUBLICATIONS

Because of his recognized expertise, THOMAS P. BRANDT is frequently asked to comment on current legal issues.  Below are links to some recent interviews. Mr. Brandt has given interviews on such topics as affirmative action, civil rights, and municipal liability.

To view all of Mr. Brandt’s most recent television appearances, click here.

To listen to the audio of Mr. Brandt’s appearance on KLIF-AM 570 with Kurt Gilchrist, click here.

On August 23, 2012, JOSH KUTCHIN presented a continuing education seminar at the Horace Mann Insurance Company, fully accredited by the Texas Department of Insurance, on Texas Tort Reform and Texas Judicial Reform.  The seminar traced the historical evolution of these reform efforts, and analyzed recent developments and the current state of our substantive and procedural reform.

On September 10, 2012, FRANK VALENZUELA presented a talk concerning the HHS mandate to the Rockwall County Republican Women’s Club.

On October 13, 2012, FRANK VALENZUELA presented a talk concerning the HHS mandate to the Rockwall County Republican Men’s Club.

THOMAS BRANDT, JOSHUA SKINNER and LAURA O’LEARY made presentations at a seminar sponsored by the National Business Institute (“NBI”).  The seminar was held in Fort Worth on November 28, 2012.  The title of the seminar was “Texas Special Education Law.”  Mr. Brandt and Mrs. O’Leary spoke on the topic “Establishing the Framework of Special Education Law.”  Mr. Skinner spoke on the topic “Protecting the Rights of Children with Special Needs.”

THOMAS P. BRANDT has been asked to give a presentation at the 28^th Annual University of Texas School Law Seminar. The presentation is scheduled to be held in Austin February 21 – 22, 2013.  Mr. Brandt has been asked to talk about some of the differences between federal and state employment laws.

THOMAS P. BRANDT has been asked to give a presentation to the American Bar Association at its mid-year conference in February of 2013.  Mr. Brandt has been asked to address issues of free speech and religious liberty in public schools based on his experiences in, among others, the “Candy Cane Case.”

HONORS AND ANNOUNCEMENTS

On September 14, 2012, FHMBK celebrated THOMAS P.  BRANDT’S 20^th anniversary  with FHMBK.  Tom joined the firm in  September 1992.

On December 5, 2012, FHMBK had the rare privilege of hosting a small gathering at Terrilli’s restaurant on lower Greenville Avenue, in honor of Kathryn Fagan, who is retiring this December after spending the last 10 years of her professional career with Kemper and Unitrin.  Kaye has been a good friend of this firm for more than three decades, going back to the early 1980s when she worked for AIG;  her friendship and her loyalty over the years have been much appreciated.  We will greatly miss working with Kaye and wish her the best in her retirement.

In order to be considered for the exclusive listing, at least one-third of a firm’s lawyers must possess an AV Preeminent rating from Martindale-Hubbell, the highest rating available.

“The AV Preeminent rating is reserved for lawyers recognized by their peers for the highest level of professional excellence,” says Don D. Martinson, director at Fanning Harper. “I’m impressed each day by the level of expertise, professionalism and the attention to detail that Fanning Harper lawyers demonstrate.”

Only 217 firms are included in the list, which has been published in the 2012 Texas’ Top Ranked Law Firms magazine. The magazine was included in the Oct. 31, 2012, editions of The Wall Street Journal and Texas Lawyer, in addition to being  delivered to Texas subscribers of The American Lawyer, Corporate Counsel and The National Law Journal.

Fanning Harper lawyers in the Martindale-Hubbell list earned an average peer-score rating of 4.9 on a five-point scale.  Qualities considered for the ratings include lawyers’ legal knowledge, analytical capabilities, judgment and legal experience. Fanning Harper attorneys also earned high scores from clients for their communication abilities, responsiveness, quality of service and value.

Celebrating 50 years of service, Fanning Harper Martinson Brandt & Kutchin, P.C. is a Dallas-based law firm serving clients inside and outside the insurance industry, with legal expertise in areas that include contract disputes, labor and employment, governmental entities, construction, business and commercial disputes, professional liability, premises liability, motor vehicle and trucking accidents, products liability, toxic tort, school issues, appellate law, arbitration, and estate planning.

• Establishing the Framework of Special Education Law
• Unraveling the Requirements of the Individuals with
  Disabilities Education Act (IDEA)
• Successfully Handling Disciplinary Actions for Special
  Needs Students
• Ensuring Successful Due Process Procedures
• Protecting the Rights of Children with Special Needs

For more information or to register for this seminar, please click here.

SUCCESS BASED ON LONG LASTING
RELATIONSHIPS FORGED IN INTEGRITY,
EXCELLENCE, COMMITMENT AND TEAMWORK.

Fanning Harper Martinson Brandt & Kutchin, P.C. is pleased to provide you with our Summer 2012 Newsletter and Legal Update.  Below you will find information regarding successes and activities of our attorneys.

Please click the hyperlinks for updates regarding Constitutional/Civil Rights, Local Government, Products Liability, School Law, Commercial Trucking Litigation, Premises Liability, Zoning, Land Use and Taking, and Insurance Law.  Please call us with your questions or comments.

VICTORIES AND HONORS

US SUPREME COURT VICTORY

THOMAS BRANDT, JOSHUA SKINNER and DAVID UPHAM successfully represented two elementary school principals before the United States Supreme Court in the famous “Candy Cane” case.  The successful outcome was particularly remarkable given the fact that it was obtained against a legal “dream team” which included two former solicitors general of the United States (Paul Clement and Ken Starr), numerous  former Attorneys General for the United States, numerous United States Secretaries of education and numerous notable amicus organizations and legal scholars such as the American Center for Law and Justice and Jay Alan Sekulow.  The plaintiffs sought review of the case by the Supreme Court in an effort to overturn the decision by the Fifth Circuit granting qualified immunity to two elementary school principals who were accused of preventing elementary school students from distributing religious materials to their classmates at school.  The Fifth Circuit, sitting en banc with sixteen judges, held that the principals are entitled to qualified immunity from the lawsuit because the law involving religion and public schools was unclear.  The plaintiffs sought Supreme Court review, but the Supreme Court rejected their request.  As a result of our victory before the U.S. Supreme Court, we were able to secure dismissal of all of Plaintiffs’ claims against three individual educators.

VICTORY BEFORE THE US. COURT OF APPEALS

THOMAS P. BRANDT, JOSHUA SKINNER and DAVID UPHAM successfully represented a Texas County before the United States Court of Appeals for the Fifth Circuit.  The case involved a claim of First Amendment retaliation by a former sheriff’s deputy.  The plaintiff brought suit against the county alleging that his employment was
terminated in retaliation for making public comment critical of the county judge.  Mr. Skinner orally argued the case before a panel of the Fifth Circuit.  The Fifth Circuit panel affirmed the decision of the district court granting summary judgment to the county, concluding that the comments allegedly made by the plaintiff were not protected by the  First Amendment.

VICTORY BEFORE THE FORT WORTH COURT OF APPEALS

THOMAS P. BRANDT and JOHN F. ROEHM III successfully represented several City councilmembers and City officials before the Fort Worth Court of Appeals in a case arising out of decisions made regarding a drilling permit.  The case was orally argued by Mr. Brandt.  The Court of Appeals agreed with our argument that the Plaintiffs lacked  standing.  As a result, the Court of Appeals affirmed the dismissal of our clients from the case.

JURY TRIAL VICTORIES IN FEDERAL COURT

THOMAS P. BRANDT, JOSHUA SKINNER and JENNIFER KELLEY successfully represented a North Texas county and justice of the peace in a case involving allegations of disability discrimination and FMLA retaliation.  Mr. Brandt successfully tried this case before a federal jury with U.S. District Judge A. Joe Fish presiding.

The plaintiff, who had worked for the justice of the peace, claimed that he had been fired because of his disability and because he had taken medical leave under the Family Medical Leave Act (FMLA).

The unanimous jury rejected the plaintiff’s claims that he his employment was terminated based on his disability or medical leave rather than, as the justice of the peace explained, because of his poor performance at work.

ROCKY LITTLE of FHMBK and Charles Hanor of The Hanor Law Firm successfully defended an intellectual property lawsuit in Federal District Court in Dallas. Following a seven-day trial, a unanimous jury found that defendants did not infringe plaintiff’s trademark or trade dress rights under federal law, and also that plaintiffs’ state law claims for unfair competition and “palming off”  were without merit.  The plaintiff was seeking actual damages along with punitive damages for willful infringement.

DISTRICT COURT VICTORIES

THOMAS P. BRANDT and JOHN HUSTED successfully defeated malicious prosecution claims against a North Texas County prosecutor and another County employee.

THOMAS P. BRANDT and JOHN HUSTED successfully defended a Clerk of the Court of a West Texas County against various civil rights and conspiracy claims brought by a group of over 70 plaintiffs.  The plaintiffs alleged that they were descendants of individuals who owned property in the County at the turn of the last century and that the Clerk’s predecessor in interest aided and conspired in the wrongful dispossession of their ancestors’ land.  The Court agreed with our arguments and dismissed our clients from the case.

THOMAS P. BRANDT, JOSHUA SKINNER, and JOHN HUSTED successfully represented a North Texas school district, its superintendent, board of trustees and numerous employees against various claims of age and race discrimination, retaliation, and conspiracy brought by a former administrator with the district.

THOMAS P. BRANDT, FRANK VALENZUELA, and LAURA O’LEARY represented a North Texas school district which was sued in state court for various employment related claims, including national origin hostile work environment and retaliation.  The school district prevailed on summary judgment on the hostile work environment and retaliation claims.

THOMAS P. BRANDT, JOSHUA SKINNER, and LAURA O’LEARY successfully defeated a challenge to the F-5 termination notice provided to a deputy constable when his employment was terminated by an east Texas county.  The deputy constable challenged the official record of his termination maintained by the Texas Commission on Law Enforcement Officer Standards and Education (TCLEOSE), claiming that his employment was terminated in retaliation for reporting official misconduct by the constable rather than, as explained by the constable on the termination form, because of his poor performance at work.  The county filed a motion to dismiss the challenge,
which was granted by the administrative judge responsible for overseeing the dispute.

THOMAS P. BRANDT and JOHN F. ROEHM III successfully represented a North Texas County and its Sheriff who were sued in federal court by a jailer for age and sex discrimination and unlawful employment practices.  The Sheriff was dismissed from the suit and the court granted summary judgment for the County.

THOMAS P. BRANDT, JOHN F. ROEHM III, and LAURA O’LEARY represented a north Texas School Board President who was sued for business disparagement.  We filed a motion for summary judgment which was granted.  Plaintiff appealed and we filed a motion to dismiss the appeal which was granted.

SPEECHES, PUBLICATIONS, HONORS AND ANNOUNCEMENTS

Don Martinson published an article in the July 23, 2012 issue of Texas Lawyer entitled The Limited Legacy of Mid-Continent. Click here to read his article. 

Thomas Brandt spoke at the Texas Association of School Board Risk Management Fund’s annual member’s conference in Austin, Texas on April 16, 2012.  Mr. Brandt spoke about his victory in the famous “Candy Cane” case and about what the victory means for school districts and their officials and employees.

Josh Kutchin presented a two-hour CE program to Horace Mann Insurance Company in Irving, Texas, on August 23, 2012, addressing recent reform efforts in Texas, primarily covering the topics of judicial reform and tort reform.  Josh explained that judicial reform has been far more successful in terms of fulfilling the stated goals and that tort reform has largely died on the vine despite an early high-profile push.

Joshua Skinner, John Husted, and Laura O’Leary co-authored a paper entitled “Religion in the Public Square.”  The paper was published by the State Bar as part of its 24^th Annual Suing and Defending Governmental Entities Course.

Thomas Brandt spoke on the topic of Religious Liberty at the State Bar’s Annual Suing and Defending Governmental Entities seminar in August on July 26, 2012.  Following his address, Mr. Brandt moderated a panel discussion regarding current issues in religious liberty which local governmental entities are facing.

Frank Valenzuela spoke on the topic of the Americans with Disabilities Act before the Texas Municipal League’s Intergovernmental Risk Pool’s Attorney Workshop held in Austin on August 24, 2012.

Joshua Skinner was featured on a podcast for the Federalist Society speaking on the Supreme Court’s recent decision Messerschmidt v. Millender, which turned on the application of the doctrine of qualified immunity to police officers involved in the search of a residence.  The podcast is available at http://www.fed-soc.org/publications/detail/messerschmidt-v-millender-post-decision-scotuscast.  (March 9, 2012)

Joshua Skinner spoke at the State Bar of Texas Bill of Rights Conference 2012 on May 18 on the topic of “Lawsuits Against the Government.”

Joshua Skinner spoke at the State Bar of Texas Government Law Boot Camp 2012 on July 25 on the topic of “The Basics of Qualified Immunity.”

Laura O’Leary spoke on the topic of “Americans with Disabilities Act – Employment Claims” at the State Bar’s annual “Suing and Defending Governmental Entities” seminar in Austin on July 26, 2012.

Frank Valenzuela spoke on the topic of “Religious Liberty:  Current Issues” as part of a CLE seminar.  The seminar entitled “Religious Liberty:  America’s First Freedom” was held on June 22, 2012 and sponsored by the St. Thomas More Society, Catholic Lawyers Guild.

Frank Valenzuela spoke on the topic of “Religion in Schools:  Morgan v. Swanson and Hosanna Tabor” at a luncheon CLE presentation at the Belo Mansion on February 2, 2012.

Frank Valenzuela and Laura O’Leary co-authored the paper titled “Americans with Disabilities Act – Employment Claims.”  Ms. O’Leary presented the paper at the State Bar of Texas’ Suing and Defending Governmental Entities conference. (July 26-27, 2012)

Frank Valenzuela spoke to Terrell Independent School District on “Social Media Issues – Virtual Friends/Real Problems in Schools” on April 2, 2012.

Frank Valenzuela was featured on a podcast for The Federalist Society about the U.S. Supreme Court’s Filarsky v. Delia case which concerns qualified immunity issues. The podcast is available at http://www.fed-soc.org/publications/detail/filarsky-v-delia-post-decision-scotuscast-2.  (August 14, 2012)

Frank Valenzuela appeared on CBS 11 Television news on May 21, 2012.  Frank
was interviewed about the lawsuits which had just been filed by the Dallas Diocese and 42 other Catholic entities seeking to enjoin enforcement of the HHS mandate.

Frank Valenzuela made numerous appearances and presentations to various local community groups regarding legal issues involved with the Supreme Court’s decision regarding Obamacare and the litigation involving the controversial HHS mandate.  These include the following:

• Appeared on the “Good News” radio show on KATH 910 AM to discuss the Supreme Court’s Obamacare decision and what impact it would have on the currently pending HHS mandate litigation. (July 2, 2012)
• Appeared on the “Good News” radio show on KATH 910 AM to discuss the HHS mandate and the lawsuits challenging it.  (February 27, 2012)
• Gave a presentation to the St. Basil Society of the University of Texas Southwestern Medical School  “The HHS Contraception Mandate and the Legal Challenges.” (March 21, 2012)
• Appeared on the “Good News” radio show on KATH 910 AM to discuss 12 recently filed lawsuits concerning the HHS contraception mandate. (June 4, 2012)
• Spoke at the Diocese of Dallas’ diocese-wide Fortnight for Freedom event.  Frank addressed religious freedom issues concerning the recent HHS mandate.  (June 30, 2012)
• Spoke at a Fortnight for Freedom event at Mater Dei Catholic Church and addressed religious freedom issues concerning the recent HHS mandate.  (July 1, 2012)
• Spoke at the Diocese of Dallas’ Catholic Pro-Life Committee’s Pro-Life Boot Camp on July 30, 2012.  Frank spoke with high school students about the HHS mandate and religious freedom issues.