In the News: Law Done Right

Media questions why doj undermines biden administration on gun policy by appealing sutherland springs

One of the heartbreaking parts of a mass shooting is the aftermath.  In Sutherland Springs, victims and their families continue to suffer without compensation, even though fault was known from the start and trial is over.  At present, the government is delaying compensation by filing an appeal, despite settling mass shooting cases in other states.  Media has begun to question why.   The government's response to Uvalde was a bipartisan gun bill expanding background checks to minors.   Yet for Sutherland Springs, the government is appealing a federal trial that found the background check system would have stopped that shooting.  As quoted in the Washington Post, “Is the DOJ really going to undermine President Biden’s national gun policy by arguing that background checks don’t work?”

Sharing thoughts on the uvalde Mass shooting with Reuters

The mass shooting of an elementary school in Uvalde has shocked us all.  Here is an excellent article surveying legal barriers to tort liability of government in mass shootings, written by Tom Hals and Brendan Pierson for Reuters.  I appreciate being quoted for pointing out that Uvalde shows gaps in the law for the background check system not tracking juvenile criminal records (later corrected by the bipartisan gun safety bill).  - Erik Knockaert

https://www.reuters.com/world/us/police-guns-schools-protected-lawsuits-over-texas-shooting-2022-06-01/

See also https://www.nytimes.com/2022/06/04/us/uvalde-police-liability.html 

Having worked two mass shootings, we've had opportunities to share what we've learned with members of the press and sometimes legislators.   We hope our work can lead to positive change, and there are times when it has.  The horror of Uvalde should not be ignored.  Knowing how the law may apply is a step to finding solutions.  

Uvalde also shows a need to improve the background check system to account for juvenile crimes.  There is evidence the shooter had a felony conviction as juvenile.  An adult with a felony would not pass a background check.  If the law allows an 18 year old to buy a gun that an adult could not, then the law needs to be changed.  The trial in the Sutherland Springs church shooting proved a proper background check would have stopped the shooting.  

Verdict against Air Force for Over $230 Million

After years of litigation, a federal judge has rendered a verdict for Plaintiffs representing the families and victims from the Sutherland Springs church massacre on November 5, 2017, caused by the Air Force repeatedly failing to report crimes to the FBI's NICS database that would have prevented the shooter from buying the gun used in the shooting.  The combined verdict was over $230 million.  Next, we expect the judge to issue a final judgment, subject to appeal.  

Our client survived the shooting, but was shot multiple times causing permanent injury.  We played a significant role in the overall case.  Our experience with the Federal Tort Claims Act for mass shooting helped shape the case.  We wrote the only complaint that was not initially dismissed, explaining the legal theories for how the Air Force could be held liable under US law, Air Force mandatory regulations, and the facts.  We took the depositions of fact witnesses outside the Air Force to help establish the foreseeability of the shooting, which were presented to the court for trial.  Joseph Schreiber examined the parents of the shooter at the liability trial, and helped convice the judge they were not responsible.  We also presented calculations for mental anguish for survivors at closing arguments.

Air Force mostly responsible for church shooting

After a bench trial on liability, a Federal Judge has ruled that the Air Force is 60% responsible for the Sutherland Springs church massacre.  The trial conclusively established that no other individual — not even Kelley's own parents or partners — knew as much as the United States about the violence that Devin Kelley had threatened to commit and was capable of committing.  Next, a damages trial will be held to value the claims of the multiple plaintiffs who were slain or injured.

Representing victims of childhood sex abuse

We represent a woman who alleges she was sexually abused as a child.  We filed suit in early 2021.  In 2019, Texas changed the statute of limitations (how long a victim has to sue) to expand it from 15 to 30 years. However, the "enabling legislation" was worded to prevent the change from going backwards, despite that not being in the language of the statute.  Effectively, this denies victims of prior abuse of their day in court.  It has always been illegal to sexually abuse children in Texas.  The question is when can victims sue.  There is pending legislation (HB 2071) to extend the statute of limitations back.  We are assisting our client in spreading the word on why this legislation is necessary, putting a real, human face on the problem.  News coverage on our client’s efforts – and ours to assist – in raising awareness for the need for this legislation is below.

MEDIA Coverage of lawsuit against air force for Mass Shooting at the First Baptist Church in Sutherland springs, texas 

We represent a victim who was horrifically injured during the mass shooting at the First Baptist Church in Sutherland Springs, Texas, by a former Air Force soldier on November 5, 2017.  This was the worst mass shooting in Texas history, with 26 dead and 22 wounded.  It would have been prevented by following existing laws and regulations.  The Air Force failed in its mandatory duties to send reports to the FBI after convicting the soldier of domestic violence, where he admitted to fracturing a baby's skull in a videotaped confession.  The conviction should have prevented the soldier from buying guns and assault rifles.  Worse, the Air Force knew this soldier had threatened mass shootings, and the Air Force banned him from entering any base due to that risk.  Further, the Air Force knew it had a 30 year problem of failing to submit information, but failed to correct it.  This April, 2021, the Court held a two-and-a-half week bench trial, and Plaintiffs are waiting for the Court to issue a ruling on government liability.  At trial, Joe Schreiber cross-examined the parents' of the shooter, to help dispel the government's alternate theories of how the shooting could take place.  It has been an honor for our legal thinking and writing to help shape this case, as to why the government should be liable.

MEDIA Coverage of McNeely v. UT Health

We represent an anesthesiologist in an age discrimination lawsuit for unlawful termination against UT Health.

Media coverage of Kristensen v. United States case

We represent the plaintiffs in a negligent undertaking claim against the U.S. Army related the deaths of three people and serious injury to another due to a soldier's rampage following a domestic violence incident.

MEDIA Coverage of B Choice v. EDA

We represented the developers (defendants) in a fraud and civil RICO suit regarding the proposed redevelopment of the Astro World land in Houston.