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Case Results Attorneys Larry Warren and Ruth Malinas win case in the Fifth Circuit 10/21/2007 In a case of first impression handled by the Appellate and Transportation Practice Groups, the United States Court of Appeals affirmed a summary judgment in favor of an insurer, holding that a federally-mandated endorsement did not cover a bus accident in Mexico. The policy’s insurance agreement required that the accident or loss occur within the coverage territory, which was defined as the United States, Puerto Rico, Canada, and U.S. possessions and territories. Because the insured was a bus company, however, the policy also included a MSC-90B endorsement required by the federal regulations governing interstate transportation of passengers and intended to ensure compliance with the federal financial responsibility statutes. When the endorsement is applicable, the insurer cannot refuse to pay a judgment based on a policy condition, limitation, provision or stipulation. Parties with a judgment against the insured bus company for injuries and deaths caused by the accident argued that the endorsement precluded application of the coverage territory provision. The Fifth Circuit disagreed after construing the endorsement, the financial responsibility statute, and the federal regulations. The Court concluded that the endorsement’s coverage is limited to accidents occurring during transportation within the United States. Shareholder Larry Warren handled the case in the district court and shareholder Ruth Malinas handled the appeal.   Rich McNitzky and Cynthia Grimes win jury trial.. 2/14/2008 Rich McNitzky and Cynthia Grimes win jury trial in Corpus Christi. On Wed., February 13, 2008, in the case of Cooper v. Gulley and following the close of all the evidence, District Judge Nannette Hasette granted defendant's Motion for directed verdict. Grimes and McNitzky were defending an oral surgeon in Corpus.   Daubert rulings in Hafstienn v. BMW were affirmed by the 5th Circuit 10/4/2006 Ruth Malinas and Mike Myers were the prevailing appellate and trial lawyers in Hafstienn v. BMW. The trial court stuck three experts and a crash test in pretrial Daubert hearings, leading to the dismissal of the case. The 5th Circuit affirmed the district court rulings and the dismissal of the case. The case was a products liability case involving a crashworthy issue.           Ball & Weed, P.C. 10001 Reunion Place, Suite 600 San Antonio, Texas 78216 phone: (210) 731-6300 fax: (210) 731-6499     © . Ball & Weed. All Rights Reserved.