April 5, 2013 in Case Summaries

Working with trial attorneys Kenneth Chaiken and Robert Chaiken, Jeff Levinger persuaded the Dallas Court of Appeals to reverse the trial court’s dismissal of a medical malpractice lawsuit brought by their clients, Ronald and Pam Fortner.  Mr. Fortner became totally and permanently blind in the days following a cardiac bypass procedure, when his physicians and nurses failed to timely obtain appropriate treatment and consultations after he began complaining about visual problems.  The trial court dismissed the case on the ground that the expert reports did not adequately explain the element of causation, but after reading the Fortners’ brief and hearing oral argument, the court of appeals held that the trial court had abused its discretion and remanded the case for further proceedings.  Fortner v. Hospital of the Southwest, et al., 399 S.W.3d 373 (Tex. App. ‑‑ Dallas 2013, no pet.).

Courts:  Texas Intermediate Appellate Courts
Subject Matter:  Products Liability & Personal Injury

February 7, 2013 in Case Summaries

Jeff Levinger represented Paddle Tramps Manufacturing, a leading nationwide producer of fraternity and sorority items, in a trademark infringement case addressing the interplay between the equitable defense of laches and the availability of permanent injunctive relief in a trademark infringement case.  Working with trademark lawyers Molly Richard and Elizann Carroll, Levinger helped them persuade a Dallas federal court jury that Paddle Tramps’ opponents, 32 of the country’s largest fraternity and sorority organizations, were guilty of laches by waiting over 40 years to enforce their rights to their trademarks.  Based on this finding, the federal district judge denied the Greek Organizations’ request for damages and broad injunctive relief against Paddle Tramps, instead limiting Paddle Tramps’ ability to use the marks on certain advertising and products going forward.  On appeal, the Fifth Circuit rejected the Greek Organizations’ challenges to the jury instructions and the sufficiency of the evidence supporting the jury’s verdict.  But the Court also upheld the injunction against Paddle Tramps on the ground that its overall business would not be substantially prejudiced.  Kenneth Abraham, d/b/a Paddle Tramps Manufacturing Co. v. Alpha Chi Omega, et al., 708 F.3d 614 (5th Cir. 2013).

Courts:  Federal Courts of Appeals
Subject Matter:  Intellectual Property

October 11, 2012 in Case Summaries

Jeff Levinger represented Gruma, the manufacturer of Mexican food products sold under the well-known trademark MISSION, in its appeal seeking to reverse a district court’s conclusion that a Mexican restaurant chain called MISSION BURRITOS was not infringing upon or diluting Gruma’s MISSION trademark.  Despite the high level of deference that appellate courts ordinarily give to trial court’s findings of fact, the Fifth Circuit held that the district court had clearly erred in finding no likelihood of confusion or dilution from the restaurant chain’s use of the MISSION BURRITO mark.  The Fifth Circuit remanded the case to the lower court to determine the appropriate scope of injunctive relief against the future use of the MISSION BURRITO mark.  Gruma Corp. v. Mexican Restaurants, Inc., 2012 WL 4842036 (5th Cir. Oct. 11, 2012).

Courts:  Federal Courts of Appeals
Subject Matter:  Intellectual Property

August 31, 2012 in Case Summaries

Jeff Levinger was retained to prepare the response brief on the merits on behalf of Talmadge Waldrip, who was catastrophically injured when a 26-foot U-Haul rental truck rolled over him after its parking brake failed.  The Supreme Court found that the evidence was sufficient to support the jury’s findings of negligence on the part of both U-Haul International and U-Haul of Texas.  Nevertheless, it remanded the case for a new trial based on the admission of evidence that other U-Haul trucks in Canada had experienced mechanical failures.  Over the dissent of Justice Lehrmann, the Court held that the evidence of the Canadian defects was not sufficiently similar to the defect in the truck at issue, and that the admission of the evidence was harmful.  U-Haul Intern. Inc. v. Waldrip, 380 S.W.3d 118  (Tex.  2012).

Courts:  Supreme Court of Texas
Subject Matter:  Products Liability & Personal Injury

August 24, 2012 in Case Summaries

Working with well-known personal injury attorneys Windle Turley and Linda Turley, Jeff Levinger secured the affirmance of a $5.3 million medical malpractice judgment in favor of David Fritzgerald against an infectious disease specialist.  Mr. Fritzgerald had lost all four of his limbs following hernia surgery when a MRSA infection invaded his body and was not timely treated with the appropriate antibiotic therapy.  On appeal, the Dallas court of appeals held that the evidence was sufficient to support the jury’s finding of causation as well as its refusal to assign responsibility to various settling parties.  Although the court remanded the case for recalculation of the future medical expenses, the parties subsequently settled before the remanded proceeding occurred.  Prabhakar v. Fritzgerald, ___ S.W.3d ___, 2012 WL 3667400 (Tex. App. ‑‑ Dallas Aug. 24, 2012, no pet.).

Courts:  Texas Intermediate Appellate Courts
Subject Matter:  Products Liability & Personal Injury