Houston attorneys Adraon D. Greene and Mikhael Khan successfully defended an appeal of a dismissal of a premises liability case via the Federal Rule of Civil Procedure 12(c). The Plaintiff/Appellant appealed the trial court’s dismissal to the Fifth Circuit Court of Appeals, which affirmed the dismissal.
With strong briefing assistance provided by Mikhael, Adraon delivered a focused and strategic defense, resulting in complete dismissal of the claims. In Houston and across Texas, Galloway Johnson Tompkins Burr & Smith continues to provide aggressive and effective representation that protects our clients’ business interests at every stage of litigation.
Case Background
In this case, Galloway represented a nationwide retail chain. The Plaintiff sought relief in excess of $1 million for a slip and fall that allegedly resulted in a traumatic brain injury. However, because the Plaintiff’s pleadings failed to plead sufficient facts upon which a claim could be granted, the Houston team pursued a targeted defense strategy seeking dismissal of Plaintiff’s claims.
The District Court granted the motion Galloway filed on behalf of the client. Following the initial dismissal, the Plaintiff appealed before the United States Fifth Circuit Court of Appeals. Adraon maintained during oral argument that the Plaintiff’s petition failed to plead sufficient facts under the pleading standards of Federal Rule of Civil Procedure 12(c) and those set forth in Bell Atl. Corp. v. Twombly, 550 U.S. 544 (2007) and Ashcroft v. Iqbal, 556 U.S. 662 (2009).
The Fifth Circuit agreed, affirmed the dismissal and denied Plaintiff’s Petition for Rehearing on the matter.
From Decisions to Appeals, Galloway is Ready
As this case illustrates, Galloway provides result-driven representation in both initial lawsuits and subsequent appeals. Its team of experienced attorneys in Houston is unwavering in its commitment in going way above and way beyond throughout the legal process.
Galloway attorneys know that appellate law practice requires distinct skills and strategies, and they take the careful consideration and attention to detail to develop and deliver the right approach in each case. Client partner with us to preserve victories or to successfully challenge adverse trial court decisions.
When slip and falls occur, our premises liability attorneys partner with clients in protecting the rights of property owners from the earliest stage of claims investigation to settlement, mediation, and litigation.
With a background as a judicial clerk at the Court of Appeals for the First District of Texas, Mikhael provided unique insight into this case and into other matters at the state and federal level in Texas.
Adraon Greene is keenly focused and driven to exceed expectations as a close partner to his clients in achieving positive results. National and regional retailers have trusted his experience and expertise in defending premises liability and general civil litigation matters.
Galloway’s Houston team is ready to protect businesses facing liability claims or navigating the complexities of appellate litigation.
