| Another B&W Victory! |
| 11/18/2008 |
| Mikel Watts and his team of men were defeated by three Ball & Weed lawyers, all of whom were women: trial lawyers Cynthia Grimes and Lucretia Marmor and appellate lawyer Ruth Malinas. The suit claimed that Texas Lutheran University was responsible for the death of a cross-country runner, who was hit by a truck while running off-campus with a friend on a Sunday. The jury found the driver of the truck 90% responsible, the runner 5% responsible and the University 5% responsible. On November 17, 2008, however, the trial judge ruled that there was no evidence to support the jury's finding against the University and entered a Final Take Nothing Judgment. Prior to trial, Watts had demanded $11,000,000. |
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| J.K. Leonard elected to membership in Trial Attorneys of America |
| 8/21/2009 |
| Shareholder J.K. Leonard has been elected to membership in the Trial Attorneys of America. Founded in 1969, the Trial Attorneys of America is limited to 200 trial attorneys who devote a substantial portion of their practice to the defense of product liability litigation and to corporate counsel who work primarily in that area. TAA's mission is to maintain, enhance and promote the knowledge and skills of its members in this area of the law. Membership is by invitation only, upon recommendation by an existing member. |
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| Medmarc and Cynthia Grimes will present a webinar on September 30, 2009 |
| 9/25/2009 |
| Click Here for the flyer. |
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| 2009 Woodrow B. Seals Laity Award given to Larry Warren |
| 3/19/2009 |
| Congratulations to firm President and Shareholder Larry D. Warren of Ball & Weed P.C., a regional trial firm based in San Antonio, Texas upon his selection as the recipient of the 2009 Woodrow B. Seals Laity Award, given by the Perkins School of Theology at Southern Methodist University in Dallas. The Seals Award is given annually to a layperson who embodies the Christian faith and commitment of service to Christ as exemplified by Judge Woodrow B. Seals. Selection for the award is made by a committee of the Perkins Lay Advisory Board. Warren was recognized for his active role in his local church (University United Methodist Church), as well as his ongoing efforts on behalf of exploited children worldwide through the International Justice Mission (IJM). In this capacity, Warren has served on teams to free child laborers in South Asia, address child prostitution issues in The Philippines and lead fundraising efforts on behalf of IJM in the San Antonio area. Warren has also served as pro bono legal counsel for the Medina Children’s Home and is active in other local charities. Warren maintains an active trial practice on behalf of his clients and has been recognized as a Texas Super Lawyer for 2006 – 2008 as well as one of San Antonio’s Best Civil Litigation Attorneys for 2007 and 2008 as determined by surveys of practicing attorneys conducted by Scene in San Antonio magazine. |
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| JK Leonard obtains defense verdict for B&W client |
| 5/22/2009 |
Shareholder J.K. Leonard, assisted by appellate shareholder, Christopher J. Deeves, successfully defended Electrolux Home Products Inc., the manufacturer of a Frigidaire home refrigerator, in a recent product liability trial. Plaintiffs alleged that a manufacturing defect in the refrigerator’s wiring caused a fire during the early morning hours of February 4, 2007, resulting in the death of one individual and seriously injuring another.
The refrigerator had been purchased used approximately three months before the fire. The circumstances of the refrigerator's use and the identity of its former owner(s) was unknown. Plaintiffs claimed that the compressor wiring contained a manufacturing defect, either in the form of sub-standard PVC insulation or resulting from damage to the conductor itself, which Plaintiffs alleged led to series arcing, overheating and degradation of the insulation. Plaintiffs claimed that this defect caused an arcing event to occur between the compressor wiring and a cover plate on the back of the refrigerator, igniting other control wiring and nearby combustibles and eventually spreading to the structure itself. One individual in the home suffered fatal injuries, leaving behind two daughters (age 17 and 4 at the time), as well as an adult daughter and mother. A friend of the deceased who was staying at the home suffered minor burn injuries, but significant inhalation injuries. Plaintiffs’ claims against Electrolux were based primarily on the absence of arcing activity found in the home except for the arc on the refrigerator and the major damage to the house structure directly behind the refrigerator. Electrolux contended there was no manufacturing defect in the refrigerator, that the refrigerator was too old at the time of the fire to reasonably infer a manufacturing defect was the cause. Electrolux also argued that the arc was the result of the refrigerator being attacked by a fire, not the cause of the fire. Electrolux offered evidence of an alternate origin in close proximity to the refrigerator (not within or on the refrigerator itself), but the cause of the fire was undetermined.
During closing arguments, plaintiffs asked the jury to award approximately $41,000,000.00 against Electrolux. On March 12, 2009, after a week-long trial, the jury returned a unanimous verdict absolving Electrolux of any responsibility after approximately seventy minutes of deliberation. |
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| We've moved! |
| 6/16/2007 |
PLEASE NOTE THAT EFFECTIVE JUNE 18, 2007, BALL & WEED, P.C. HAS RELOCATED TO ITS NEW OFFICES ATOP UNION SQUARE II:
10001 REUNION PLACE, STE. 600
SAN ANTONIO TX 78216
ALL PHONE NUMBERS, FAX NUMBERS AND EMAIL ADDRESSES ARE UNCHANGED. |
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| B&W Appellate Practice Group Has Summary Judgment Affirmed by San Antonio's Fourth Court of Appeals |
| 7/2/2007 |
| The Fourth Court of Appeals affirmed a summary judgment granted in favor of a home inspection company in Mireles v. Tejas Appraisal & Inspection Co., No. 04-06-00582-CV (Tex. App.—San Antonio June 27, 2007). The Court of Appeals upheld a contractual provision limiting liability and affirmed summary judgment on plaintiff's claims for breach of fiduciary duty, common law fraud, statutory fraud, and negligent infliction of emotional distress. Sam Houston was lead appellate counsel and was assisted by Christopher Deeves. |
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| Cynthia Day Grimes Wins Medmarc's 2007 "Attorney of the Year" Award |
| 6/27/2007 |
SAN ANTONIO ATTORNEY CYNTHIA DAY GRIMES OF BALL& WEED WINS MEDMARC “ATTORNEY OF THE YEAR” AWARD FOR DEFENDING LIFE SCIENCE COMPANIES
CHANTILLY, VA, June 29, 2007 – San Antonio attorney Cynthia Day Grimes of Ball & Weed has won the 2007 Medmarc “Attorney of the Year” Award at the Company’s Annual Defense Counsel Meeting at The Broadmoor in Colorado Springs, Colorado. Medmarc Insurance Group, the leading insurer of life science liability risks, gives the award annually to the attorney across the nation who exemplifies effective and efficient advocacy of life science, medical device and biotech firms. Ms. Grimes is only the 15th attorney to win this award.
Ms. Grimes won the award based upon input from Medmarc management, claim staff and clients. Kevin Quinley, Senior Vice President of Medmarc in Chantilly, Virginia, states that “Cynthia Day Grimes has proven to be an effective litigator and an adroit negotiator. Her service to life science companies and to Medmarc has propelled her to the forefront of the nation’s attorneys who specialize in this niche.” Ball & Weed is on Medmarc’s exclusive national list of approved counsel. Ms. Grimes has represented Medmarc policyholders for over 15 years in cases ranging from orthopedic implants, dialysis equipment and life support technology.
As the Attorney of the Year, Ms. Grimes will moderate a panel discussion on “Cutting Edge Issues in Medical Device Defense” at Medmarc’s 2008 Counsel Conference at The Homestead in Hot Springs, Virginia on June 13, 2008. |
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| Cynthia Grimes moderated a panel at the 2007 DRI Annual Meeting in Washington, D.C. |
| 11/21/2007 |
| Cynthia Grimes moderated a panel at the 2007 DRI Annual Meeting in Washington, D.C. on "Re-Tooling Your Practice after Tort Reform" in November 2007 |
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| Cynthia Grimes spoke at the 12th Annual Drug & Device Litigation seminar in New York |
| 12/21/2007 |
| Cynthia Grimes spoke at the 12th Annual Drug & Device Litigation seminar in New York on December 13, 2007. The panel topic was "Controlling the Uncontrollable: How Recent Drug Safety Legislation and Tort Reform Will Affect Products Liability Risk" |
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| J.K. Leonard serving as Chairman of ALFA International... |
| 10/4/2006 |
| J.K. Leonard is serving two years as Chairman of ALFA International (formerly the American Law Firm Association). ALFA is an international association of independent law firms located throughout North America, Latin America, Europe, Australia, the Pacific Rim, Africa, and New Zealand. Membership in ALFA is based upon peer evaluation of the member law firms and aims to provide a high level of quality and efficiency at a reasonable cost. |
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| Cynthia Day Grimes honored By Fortress Insurance... |
| 10/4/2006 |
| In July 2006 at its bi-annual meeting, Fortress Insurance Company honored Cynthia Day Grimes for Extraordinary Service Beyond the Call of Duty. |
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| J.K. Leonard published in San Antonio Bar Association Journal... |
| 10/4/2006 |
| In the July-August 2006 of the San Antonio Bar Association Publication, San Antonio Lawyer, J.K. Leonard authors the article: Membership Has Its Benefits; Legal Networks and Mid-Sized Law Firms
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| Ruth Malinas speaking at the PLAC... |
| 10/4/2006 |
| Ruth Malinas, head of the Appellate Practice and Insurance Coverage Practice Groups, will be speaking at Product Liability Advisory Council seminar on Insurance Coverage Conference in October 2006. Her topic is titled: Understanding the Rights and Obligations of the Carrier. |
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| Cynthia Grimes on the State Committee for ACTL |
| 10/4/2006 |
| Cynthia Day Grimes selected to serve again on the Texas State Committee for the American College of Trial Lawyers |
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| Interlocutory appeal to the 4th Court of Appeals reversed and rendered judgment in a medical case |
| 10/4/2006 |
| Chris Deeves and Lucretia Marmor, appellate and trial counsel, were successful in an interlocutory appeal to the 4th Court of Appeals under Chapter 74 where the trial court failed to dismiss the case for an inadequate expert report. The Court of Appeals reversed and rendered the case in our client's favor. Martinez-Partido v. Methodist |
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| "Rainy Night in Georgia" |
| 2/25/2008 |
Feb 8, 2008. Shareholder Larry Warren wins trucking case in Brownsville, Tx. After a five day trial a Cameron County jury found no fault on Evenson Trucking Company and its driver Malissa Box. Instead the jury voted 11-1 to place 100 percent of the accident fault on the plaintiff.
March 9, 2005 Malissa Box was west bound on I-10 in a heavy rain when she saw plaintiff Deniss Felix spinning out of control on the left shoulder. Box began breaking and steering to the right when the plaintiff's Toyota pick up bounced off the guardrail and rolled into the path of the Evenson tractor. The pickup was broadsided and the plaintiff ultimately had 81 thousand dollars in medical treatment, including coblation treatment to the C5-6 spine.
Plaintiff claimed that the Evenson Truck had changed lanes to the left and caused her to lose control. She was supported in this position by two friends who were travelling behind her. The defense was able to discredit these two witness by using the trucks ECM and reconstructionist Dr. Eric Moody. This reconstruction evidence supported Ms Box' version of the accident. Plus, the defense established that the plaintiff's two eyewitnesses were one quarter of a mile behind the plaintiff with two 18 wheel rigs between them and the plaintiff.
This one quarter mile distance along with heavy truck spray on this "Rainy Night in Georgia" made these two friends comments highly incredible.
It seems by the time the jury returned its verdict the plaintiff thought "it was raining all over the world". |
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| J. Michael Myers named a Fellow in the Litigation Counsel of America |
| 10/17/2008 |
| J. Michael Myers named a Fellow in the Litigation Counsel of America Ball & Weed P.C. is proud to announce that Shareholder J. Michael Myers has been named a Fellow in the Litigation Counsel of America. The Litigation Counsel of America is a trial lawyer honorary society composed of less than one-half of one percent of American lawyers. Fellowship in the Litigation Counsel of America is highly selective and by invitation only. Fellows are selected based upon effectiveness and accomplishment in litigation, both at the trial and appellate levels, and superior ethical representation. |
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| B&W supports training of thirty lawyers for the poor in Texas who are Public Interest Lawyers across Texas. |
| 5/18/2008 |
On May 18 - 22, the State Bar sponsored the Access to Justice Trial Academy for the Public Interest Lawyers. The Academy was conducted at University of Texas Law School.
Cynthia Day Grimes, a fellow of the American College of Trial Lawyers and shareholder at Ball & Weed, was the course director for the week long Academy. It involved demonstrations and practice of Voir Dire, opening, direct and cross examination of witnesses and practicing physician witnesses, and closing. The demonstration was a case of elder fraud involving a bank and the case for the student lawyers was a case concerning race discrimination in the sale of a house.
The Academy featured fellows of the American College giving demonstrations and then fellows instructing the lawyer students and providing critiques and techniques. 27 Texas Fellows of the American Academy of Trial Lawyers donated their time to this project. |
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| Five B&W lawyers recognized as Super Lawyers |
| 8/26/2009 |
| Five B&W lawyers recognized as Super Lawyers in the September 2009 Corporate Counsel Edition. Ruth Malinas was cited for Appellate work. Cynthia Day Grimes, J. Michael Myers, Larry Warren and Ray A. Weed were recognized under Civil Litigation Defense. |
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| Texas Psychologist Board Reverses Prior Findings Against Doctor |
| 10/8/2008 |
| Shareholder, Lucretia Marmor is sucessful in getting the Texas State Board of Examiners of Psychologists to overturn prior finding against psychologist. Following the Board's hearing on April 29, 2008, before the panel for the Texas State Board of Examiners of Psychologists, the Board dismissed the allegations against the client psychologist. |
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| Lucretia Marmor is successful in defending nurse in Board of Nurse Examiner's investigation |
| 10/8/2008 |
| Lucretia Marmor was successful in defending a registered nurse under investigation by the Texas Board of Nurse Examiners. On January 7, 2008, the Texas Board of Nurse Examiners closed the investigation and expunged the investigative filed from the registered nurse client's record. |
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| Larry D. Warren was inducted as a Fellow in the American College of Trial Lawyers |
| 10/17/2008 |
| Shareholder and Firm President Larry D. Warren was inducted as a Fellow in the American College of Trial Lawyers (ACTL) at its 2008 Annual Meeting in Toronto, Ontario, Canada on September 27, 2008. Induction into the ACTL is a high honor for any trial lawyer, as fellowship is extended only by invitation, after careful investigation, to those experienced trial lawyers who have mastered the art of advocacy and whose professional careers have been marked by the highest standards of ethical conduct, professionalism, civility and collegiality. Membership is limited to no more than 1% of the total lawyer population of any state or province and qualified lawyers are called to Fellowship in the College from all branches of trial practice. Larry joins fellow Ball & Weed attorneys Ray A. Weed and Cynthia Day Grimes as Fellows in the College. |
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