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KELLY, DURHAM & PITTARD, LLP

 

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Leighton Durham, Partner
 P.O. Box 224626, Dallas, Texas 75222
 214-946-8000 phone | 214-946-8433 fax
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Leighton Durham graduated first in his class from Texas Wesleyan School of Law where he was a member of law review. He then served as a briefing attorney for retired Justice John Ovard on the Dallas Court of Appeals and as a senior law clerk for Federal Judge Ed Kinkeade. Before the establishment of Durham & Pittard, LLP, Leighton was associated with the law firm of Waters & Kraus, LLP, where he worked in the appellate group handling cases on appeal and providing trial support substantive legal briefing. At Waters & Kraus, Leighton had his own trial docket of toxic tort cases, one of which he tried to a $3.6 million verdict.  Texas Monthly recently awarded Leighton the honor of being named a Texas Super Lawyers Rising Star for 2006, 2008, 2009, 2010, 2011, 2012.
Leighton has served as lead appellate counsel on numerous appeals and briefed and argued substantive motions, including motions for summary judgment, forum non conveniens, Havner expert witness motions, jury charges, post trial motions, motions for remand, and motions to dismiss. Leighton has briefed and argued cases in both State and Federal Appellate Courts including:
Adams v. Staxxring, Inc., No. 05-10-01142-CV, 2011 WL 2641698 (Tex. App.—Dallas July 7, 2011, no pet. h.).             
Denying arbitration due to substantial invocation of the judicial process.

 In re John Deere Co., No. 08-1076, 2009 WL 4877773 (Tex. Dec. 18, 2009) (orig. proceeding) (per curiam).

Rejecting John Deere’s argument that a discovery order covering multiple makes and models of equipment was overly broad and unduly burdensome and establishing that a defendant bears the burden of proving the bases for objections raised in discovery.

 City of Irving v. Seppy, Cause No. 05-09-00017-CV, 2009 WL 4042902 (Tex. App.—Dallas Nov. 23, 2009, n.p.h.).

Affirming the denial of a plea to the jurisdiction filed by the City of Irving based on a claim of sovereign immunity.

Pinnacle Anesthesia Consultants, P.A. v. Fisher, 309 S.W.3d 93 (Tex. App.—Dallas 2009, pet. denied).

Affirming an $8.5 million judgment in favor of a physician who was wrongfully terminated from his practice group.

 UHS of Timberlawn, Inc. v. S.B., a Minor, No. 05-08-00222-CV, 2009 WL 445615  (Tex. App.--Dallas Feb. 24, 2009, pet . denied).
Affirming denial of a motion to dismiss based on a challenge to an expert report in a medical
malpractice case.

 Lanphier v. Avis, 244 S.W.3d 596 (Tex.  App.--Texarkana 2008, pet. Dism’d by agr.).
Affirming a trial court's denial of a defendant's motion to dismiss in a medical malpractice case.

 Boulle v. Boulle, 254  S.W.3d (Tex. App.--Dallas 2008, pet. denied).
Successfully protected a judgement rendered after a jury trial in a complicated commercial suit involving    more than $250 million in alleged damages.

 Audino v. Raytheon Company Short Term Disability Plan, et al, 2005 WL 846234, No. 04-10729 (5th Cir. 2005).
Obtained reversal of a summary judgment granted against a plaintiff in an ERISA benefits dispute action.

 Carroll v. Bank of New York, 2005 WL 241224, No. 10-03-00319-CV (Tex. App.--Waco Feb. 2, 2005, no pet.).
Appeal of a forcible entry and detainer action.

Hoffman-LaRoche, Inc. v. Kwasnik, 109 S.W.3d 21 (Tex. App.--El Paso 2003) (orig. proceeding).

Successfully defended a trial court's order denying Hoffman-LaRoche, Inc.'s special appearance.