 The Law Offices of David M. Pruessner |
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 Appeals Handling Appeals At All Levels of State And Federal Courts David Pruessner is Board Certified in Civil Appellate Law, becoming certified in December, 1987 (in the first group of attorneys that were certified by the Texas State Bar to handle civil appeals in Texas), and re-certified in 2007. Board Certification involves demonstrating “special competence” to the State Bar and includes an extensive review of recommendations by fellow lawyers, judges, and opposing counsel, as well as written examination on appellate and trial procedure. David has authored numerous articles on appeals including: A Strategy For Winning Reversals, CERTWORTHY (Spring 1998); Track Records: A Comparison Of Rates Of Reversal Of Jury Verdicts In The Federal Circuits, CERTWORTHY (Winter 2001) (co-authored with Lance Caughfield); and The Forgotten Foundation Of State Created Danger Claims, THE REVIEW OF LITIGATION, Vol. 20, April 2001. He has also served as Special Assistant Disciplinary Counsel for the State Bar of Texas to represent the State Bar in suspension proceedings. His experience in handling appeals in Texas state courts and federal courts includes handling the following appeals, most of which resulted in published cases appearing in the national reporter system:  Appeals to the Fifth Circuit Court of Appeals and the Texas Supreme Court in the major case on whether Texas public policy precludes liability insurance from covering punitive damages: Fairfield Insurance v. Stephens Martin Paving, 246 S.W.3d 653 (Tex. 2007). See Texas Lawyer Article. Fox Electric I, Ltd. v. Amerisure Insurance Company,
252 Fed. Appx. 579 (5th Cir. 2007)(liability insurance and construction defects). Doades v.
Syed, 94 S.W.3d 664 (Tex.App.–San Antonio 2002)(wrongful death and medical malpractice case). Haque v.
Christ, 2001 WL 824458 (Tex.App.–Dallas 2001)(reversal of wrongful death case based on premises liability). Peters v.
Blockbuster, Inc., 65 S.W.3d 295 (Tex.App.–Beaumont 2001)(class action related to Blockbuster’s late fees). Favaloro v.
Comm’n for Lawyer Discipline, 13 S.W.3d 831, 840(Tex.App.–Dallas 2000, no pet.) (representation of the State Bar of Texas in suspension proceedings against an attorney). In re
Pleasant Glade Assembly Of God, 991S.W.2d 85 (Tex.App.–Fort Worth
1998) (mandamus action based on First Amendment and regarding claims
brought against a church and its pastors). City of
Irving v. We Kun Pak, 885 S.W.2d 189 (Tex.App.–Dallas 1994)(suit against city arising out of EMS services). Prescott v.
CSPH, Inc. D/B/A Domino’s Pizza, 878 S.W.2d 692 (Tex.App.–Dallas
1994, writ denied) (suit against Domino’s growing out of an intentional
stabbing of one of its employees). Harmon v.
General Motors Corp., 999 F.2d 964, 966 (5th Cir. 1993)(representation of General Motors in premises liability suit). Coleman v.
United Savings Assoc., 846 S.W.2d 128 (Tex.App.–Fort Worth 1993, no
writ) (wrongful death - smoke detector). Newco
Drilling Co. v. Weyand, 960 S.W.2d 654 (Tex. 1998)(defense against claim for lost profits from sale of $100 million in drilling rigs), reversed and remanded to court of appeals, 960 S.W.2d 654 (Tex. 1999). Xerox
Corporation v. Genmoora Corporation, 888 F.2d 345 (5th Cir. 1989)
(representation of Xerox in case involving corporate looting). Chase
Commercial Corporation v. Datapoint Corporation, 774 S.W.2d 359
(Tex.App.– Dallas 1989) (business fraud). Caldwell
v. Palmetto State Savings Bank of South Carolina, 811 F.2d 916 (5th Cir. 1987) (racketeering and corrupt organizations act case). Goswami v.
Metropolitan Savings & Loan Assn., 751 S.W.2d 487 (Tex. 1988)
(wrongful foreclosure). Moore v.
Finholt, 638 S.W.2d 169 (Tex.App.–Tyler 1982)(suit for malicious prosecution arising out of real estate litigation). Airborne
Freight Corporation, Inc. v. C.R. Lee Enterprises, 847 S.W.2d 289
(Tex.App.–El Paso 1992, writ ref’d n.r.e.) (dealer termination suit
against Airborne Freight). |
