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Dana Levy, Of Counsel

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Publications & Presentations

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Significant Cases

Mitropoulos v. Pineda, No. 01-17-00795-CV, 2018 WL 6205855 (Tex. App.—Houston [1st Dist.] Nov. 29, 2018, no pet. h.) (mem. op.)

In dispute between commercial property neighbors, successfully convincing the court of appeals to reverse and render a take-nothing judgment on a jury verdict awarding lost rental income for breach of a settlement agreement, finding legally insufficient evidence to support the loss of rental income damage award.

Littell v. Houston Indep. Sch. Dist., 894 F.3d 616 (5th Cir. 2018)

Reversing the dismissal of a civil rights case arising out of a sixth-grade assistant principal’s “mass, suspicionless strip search of the underwear of twenty-two preteen girls” in an effort to find a missing $50, finding that the search violated the girls’ constitutional rights under Texas and federal law.

Garcia v. Wal-Mart Stores Texas, L.L.C., 893 F.3d 278 (5th Cir. 2018)

Reversing summary judgment in a slip-and-fall case, finding that circumstantial creation evidence—evidence that the owner of a premises created the dangerous condition—can support an inference of knowledge on the part of the owner.

McRay v. Dow Golub Remels & Beverly, LLP, 554 S.W.3d 702 (Tex. App.—Houston [1st Dist.] 2018, no pet.)

Successfully reversed summary judgment awarding law firm unpaid attorney’s fees based on law firm’s failure to conclusively establish the reasonableness of fees charged to its former client.

Glenn v. Leal, 546 S.W.3d 807 (Tex. App.—Houston [1st Dist.] 2018, pet. filed)

Affirming judgment in favor of the plaintiff in a medical malpractice case, and in the process refusing to apply Texas Civil Practice and Remedies Code section 74.153’s willful and wanton negligence standard to emergency medical care provided in an obstetrical unit where the patient is not first evaluated in an emergency room.