Shawn M. McCaskill

Appellate

• Lead appellate counsel in prevailing upon 2 petitions for review granted in Cruz v. Andrews Restoration, Inc., No. 10-0995 (Tex. April 20, 2012) and obtained a net judgment of $1,081,836.10 for his client, Andrews Restoration, Inc., in a breach of contract case that also involved statute of frauds and DTPA restoration of consideration issues.
• A Petition for Writ of Mandamus filed by Shawn M. McCaskill in In re Tecore, Inc., No. 05-12-00537-CV, 2012 WL 2512714 (Tex. App. – Dallas June 29, 2012, orig. proceeding) was granted by the Fifth District Court of Appeals at Dallas, Texas on June 29, 2012, which involved a party’s right to take a nonsuit even when a trial court had previously ordered a stay of the case.
• Petition for Writ of Mandamus granted by the First District Court of Appeals at Houston from an order compelling production of documents in In re Halliburton Energy Services, Inc., No. 01-11-00358-CV (Tex. App.–Houston [1st Dist.] Oct. 4, 2011).
• Motion for Judgment as a Matter of Law granted by the U.S. District Court for the Northern District of Texas on March 7, 2011, following an adverse jury verdict in a Family and Medical Leave Act case in Johnson v. Dallas Independent School District, Civil Action No. 3:08-CV-2215-O
• Counsel in a successful response to a petition for writ of mandamus filed in the Fifth Circuit Court of Appeals in In re American Gateway Bank, No. 10-10932 involving a motion to transfer venue.
• Lead counsel in a successful petition for review to the Texas Supreme Court in the case Fidelity & Guaranty Insurance Co. v. Drewery Construction Co., Inc., which reversed an adverse default judgment in a construction payment bond case against our client (186 S.W.3d 571, Tex. 2006)
• Lead appellate counsel in a successful appeal in Martin v. Birenbaum, involving a reversal of an adverse JNOV in a breach of a residential real estate sales contract case in the Fifth District Court of Appeals at Dallas (193 S.W.3d 677, Tex. App.–Dallas 2006, pet. denied)
• Lead appellate counsel in Syx v. LTG Vegan Ltd., where the Fifth District Court of Appeals at Dallas affirmed a declaratory judgment in a residential real estate development restrictive covenants case (No. 05-05-00854-CV, pet. denied)
• Lead appellate counsel in DASS, Inc. v. Benjie Smith d/b/a Oak Cliff Metals, where the Fifth District Court of Appeals at Dallas affirmed a temporary injunction in an accelerated appeal involving alleged breaches of contracts for the sale of land and equipment (No. 05-06-00418-CV, Nov. 7, 2006, no pet.)
• Co-counsel in a recent win in the Caraustar Industries, Inc. v. Elcor Corp. case, where the Eleventh District Court of Appeals at Eastland affirmed a summary judgment granted in favor of Elcor in a contractual indemnity case (No. 11-04-00245-CV, 2006 WL 62004, Tex. App.—Eastland Jan. 12, 2006, no pet.)
• Lead counsel in a successful petition for review to the Texas Supreme Court in the case M.O. Dental Lab v. Rape involving premises liability and summary judgment finality issues (139 S.W.3d 671, Tex. 2004)
• Counsel in a successful reversal on appeal in Dresser Industries, Inc. v. Underwriters at Lloyd’s, London involving a multi-million dollar insurance coverage dispute, (106 S.W.3d 767, Tex. App.—Texarkana 2003, pet. denied)
• Lead counsel in a successful appeal in Allstate Indemnity Co. v. Menix, a case involving Texas Insurance Code provisions, UM/UIM insurance policy, prejudgment interest, and attorney’s fees (83 S.W.3d 877, Tex. App.—Eastland 2002, pet. denied)/listitem>
• Lead counsel in successful appeal in McIntyre v. Wilson, involving legal malpractice claim and absolute privilege from civil liability for witness statements and testimony during judicial proceedings (50 S.W.3d 674, Tex. App.—Dallas 2001, pet. denied)
• Additional appeals in Fifth Circuit Court of Appeals and Texas state courts of appeals for the 1st (Houston), 2nd (Fort Worth), 5th (Dallas), 6th (Texarkana), 11th (Eastland), 12th (Tyler), 13th (Corpus Christi), and 14th (Houston) districts