Robert C. Hilliard (attorney)

Robert C. Hilliard is an American lawyer notable for representing plaintiffs in several cases involving motor vehicle defects, including the General Motors ignition switch recalls.

Robert C. Hilliard
Other namesBob Hilliard
Education
OccupationAttorney
Years active1983–present
Known forMotor vehicle liability litigation
Websitehttps://hmglawfirm.com/

Early life

Hilliard grew up in Newton, Texas, the youngest of three children.[1] His father, Delmar Shelley Hilliard, was an Air Force A-1 Skyraider fighter pilot who flew 175 missions in Vietnam,[2] and later became Newton's county attorney for 25 years. His mother, Bobbye Clifton Hilliard, was an artist, newspaper reporter, homemaker, and office manager for her husband's law office.

Robert C. Hilliard attended St. Edward's University in Austin, Texas, where he enrolled on a tennis scholarship, graduating summa cum laude with a bachelor's degree in English literature in 1980.[3] While at St. Edwards, Hilliard was a four-year letterman in tennis and St. Edward's Athlete of the Year for 1979–1980. In 2016, he was given St. Edward's Distinguished Alumni Award.[4] He went on to attend St. Mary's University School of Law, in San Antonio, Texas, graduating with honors in 1983.[5]

Career

In 1986, Hilliard founded the law firm of Hilliard Muñoz Gonzales, LLP, in Corpus Christi, Texas.[6] The firm became Hilliard Martinez Gonzales, LLP in 2017 when founding partner Jacobo Munoz retired, and John Martinez was made managing partner.

In 2009, Hilliard filed suit against the Texas Department of Aging and Disability Services (DADS) for their responsibility in the alleged "fight club" incidents at the Corpus Christi State School. Cell phone videos had been discovered which depicted State School employees forcing mentally disabled residents to fight each other.[7]

In 2012, Hilliard and Steve Shadowen co-founded Hilliard & Shadowen, LLP, in Austin, Texas, a law firm that engages in antitrust and civil rights litigation.[8]

In 2015, he obtained an order from a Newton County judge granting a restraining order against Aetna Insurance, preventing the insurance company from denying life-saving cancer treatment for his client, Bobby Allen Bean.[9]

Hotel Rwanda Activist Kidnapping

August 27, 2020: Humanitarian and activist Paul Rusesabagina, portrayed in the Academy Award-nominated film Hotel Rwanda (2004) by actor Don Cheadle, was transported to his native Rwanda and charged with terrorism, murder, and other crimes.[10] Following an 1996 attempted assassination, Rusesabagina has lived in exile in Texas. According to a New York Times report, Rusesabagina agreed to travel to Bujumbura, Burundi, where a Christian pastor had invited him to speak to local churches.[11] He traveled on an Emirates flight from Chicago to Dubai. Later that same night, he boarded a private Bombardier Challenger 605 jet from Greek charter company GainJet that landed in the Rwandan capital of Kigali.[12]

In partnership with Rusesabagina’s family and international human rights groups, Hilliard’s firm has agreed to join Mr. Rusesabagina’s legal team. On December 14, 2020, the lawsuit against GainJet was filed in the U.S. District Court for the Western District of Texas,[13] alleging that Rusesabagina was wrongfully kidnapped and flown to Rwanda without due process to face accusations of alleged terrorism.[14] A vocal critic of the Rwandan government, Rusesabagina has condemned President Kagame’s leadership and human rights violations in the aftermath of the Rwandan genocide and Civil War.[10]

Motor Vehicle Lawsuits

In 2010, Hilliard represented Koua Fong Lee, a Hmong immigrant, who was found to have been wrongfully convicted of vehicular homicide after he was involved in an accident. His Toyota Camry, now recalled, had experienced sudden unintended acceleration and caused the death or injury of five people in June 2006. Koua, after serving 2.5 years of an 8-year sentence, was released after the end of a week-long hearing.[15] For his work in confirming Koua's innocence, Hilliard received the Never Forgotten Award from the Innocence Project of Minnesota (IPMN) in 2010.[16]

On August 15, 2014, Hilliard was appointed by Federal Judge Jesse Furman of the Southern District of New York as co-lead counsel in the National General Motors (GM) ignition switch litigation.[17] Hilliard represented 326 clients with liability claims, of which 53 involved a fatality. On May 2, 2014, he participated in a discussion session with Kenneth Feinberg who represented GM.[18] On June 30, 2014, Feinberg announced a plan to compensate the victims of the defect.[19]

In 2014, Hilliard defended and exonerated a woman previously convicted in the death of her boyfriend in an accident with ties to GM's ignition switch.[20] In August 2015, he overturned the criminal conviction of another woman involved in an ignition switch incident.[21]

In November 2015, Hilliard was retained by Bexar and Nueces counties in Texas, as part of a team to file environmental enforcement actions against Volkswagen in regard to EPA violations.[22][23]

Hernández vs. Mesa
Hilliard speaks to reporters outside the Supreme Court

Hilliard represented the family of Sergio Hernández, an unarmed 15-year-old Mexican citizen who was shot and killed by a U.S. Border Patrol agent in 2010. Hernández was standing on Mexican soil when shot. Hilliard also represented the family of Guillermo Arevalo Pedraza, who was killed under similar circumstances by a different U.S. Border Patrol agent.[24] The cases sparked a confrontation between former Mexican President Felipe Calderón and former U.S. Secretary of State Hillary Clinton.

A federal judge had initially dismissed the Hernández family's case. However, that decision was overturned by a panel of judges in the Fifth Circuit, allowing that a Mexican national, standing in Mexico, possesses Fourth Amendment constitutional rights that allow him to sue a United States Border Patrol Agent for excessive use of force across the U.S. border.[25][26] The Fifth Circuit granted rehearing en banc of the panel's decision. Oral arguments were held on January 21, 2015, and the court decided to vacate the panel's decision.[27]

On October 11, 2016, the United States Supreme Court granted Hilliard's petition for a writ of certiorari to determine if a Mexican citizen standing in Mexico has protections against being wrongly shot by a border patrol agent standing in the United States. Hilliard presented oral arguments to the Court on behalf of the Hernández family on February 21, 2017.[25][26][28] The U.S. Supreme Court reversed the Fifth Circuit's decision and remanded the case.

On May 28, 2019, the United States Supreme Court granted Hilliard's second petition for a writ of certiorari.[29][30] On February 25, 2020, the Court ruled against Hernández and concluded that the Bivens precedent did not extend to cross-border shootings and that it's the responsibility of the United States Congress to find a solution for this type of case in the future.

Major League Baseball - Safety Netting

Hilliard filed a lawsuit against Major League Baseball urging MLB to expand netting at ballparks.[31] The suit cited numerous injuries at ballparks, but was filed before a September 2017 incident that prompted MLB players to demand netting be increased at stadiums.[32] Of the September 2017 incident, Minnesota Twins player Brian Dozier stated: "Every stadium needs to have nets. That's it. I don't care about the damn view of a fan or what. It's all about safety. I still have a knot in my stomach. I don't know if you guys saw it, but I hope the kid's OK. We need nets. Or don't put kids down there."[32] Not long after Hilliard filed his class-action suit, all MLB teams agreed to install extended netting to protect fans from foul balls and bats escaping the players' grips.[33]

Major League Baseball - Astros Cheating Scandal

Hilliard sued the Houston Astros in 2019 over the sign-stealing scandal, and the Court denied the Astros' attempts to claim their tactics were entitled to First Amendment protection and dismissal under various Texas laws.[34] In response, Hilliard wrote, "In sum, the Astros’ position seems to be: 'Okay, so we may stoop to intentionally cheating just to win a World Series and title, but we would never stoop to using racist legal arguments just to win a case against our own fans.' Much like E.B. White's description of the nature of Templeton the rat, in Charlotte’s Web, the Astros, faced with their own proven nature, now make an argument that is both hollow and inconsistent. 'The rat had no morals, no conscience, no scruples, no consideration, no decency, no milk of rodent kindness, no compunctions, no higher feeling, no friendliness, no anything.' E.B. White, Charlotte’s Web, (1952)."[34]

Danny Ray Thomas Shooting
Attorneys Bob Hilliard and Ben Crump at the Danny Ray Thomas Press Conference in Houston, Texas

March 22, 2018: Danny Ray Thomas was shot and killed by Harris County Deputy Cameron Brewer during an incident at a busy Houston intersection.[35] Mr. Thomas, who had a history of mental illness and was clearly in distress, was unarmed and walking in the intersection with his pants around his ankles. The deputy shot him in the chest just moments after arriving on the scene.

On April 12, 2018: Hilliard joined forces with Florida civil rights attorney, Benjamin Crump, to file a lawsuit on behalf of Mr. Thomas's family, holding Deputy Cameron Brewer and the county responsible for the wrongful death.[36] The former deputy was found not guilty on August 1, 2019[37] and was reinstated one year later.[38]

Zeke Upshaw Death

March 24, 2018: While playing for the Grand Rapids Drive against the Long Island Nets, Zeke Upshaw suddenly collapsed on the court in full cardiac arrest.[39] The Drive's on-site medical team transported Zeke to the hospital where he died two days later, without regaining consciousness.

On behalf of Zeke's mother, Jewel Upshaw, Hilliard and Florida civil rights lawyer Ben Crump filed a wrongful death lawsuit. Hilliard and Crump brought legal action against the NBA, the Detroit Pistons, the Grand Rapids Drive, and the Deltaplex Arena where the game was held.[40][41] A deal was reached in December, 2019 with the NBA and the Pistons, but no details were disclosed.[42]

Harley-Davidson Brake Defect

December 2016: John Alexander Gifford was riding his Harley-Davidson Night Rod motorcycle home from work. When he put on the brakes, they malfunctioned, causing him to lose control of the bike, crash into trees by the side of the road, and sustain critical injuries that required various surgeries.[43] On Gifford's behalf, Hilliard filed suit against Harley-Davidson (HD), stating that the company knew about the brake defect months before the accident. In 2018, HD issued a recall for more than 175,000 US motorcycles with the brake defect.[44]

Immotor GO Scooter Injury

September 11, 2018: Hilliard filed suit in the Southern District of New York against Immotor GO, on behalf of Victor San Andres Medina. Mr. Medina was injured on June 16, 2018 when the brakes of his Immotor GO scooter locked and sent him over the handle bars onto the ground. He was knocked unconscious and hospitalized for a concussion, fractured hand, dislocated jaw, and lacerations to his face, shoulder, and knee. The lawsuit brings claims against the scooter manufacturer for negligence, defective design, and failure to warn of the scooter's substantial dangers.[45][46]

Letter to President Donald J. Trump

November 2, 2018: Hilliard and Steve Shadowen sent a letter[47] to President Trump in response to his November 1 speech in which the President said he would authorize the use of deadly force against alleged rock throwers on the border between Mexico and the U.S.[48]  The letter pointed out that the United States Department of Justice had concluded that U.S. executive officers who use excessive, lethal force against alleged rock throwers are subject to criminal prosecution for murder. It also states that, as the originator and promoter of the policy, President Trump would be liable to prosecution for murder for deaths that unlawfully result from the policy.[49]

Class Action Lawsuit Against Bosch

November 6, 2018: Hilliard added Florida plaintiffs to a class action lawsuit representing Texas diesel vehicle owners. The legal action was against Bosch, a German company that makes the CP4 fuel injection pump installed in diesel-powered Ford, GM, Jeep, and Dodge trucks, vans, and SUVs. The fuel pumps allegedly failed, sending metal shards into the fuel system and engine, causing extensive damage.[50] Plaintiffs’ repair bills were averaging between $8,000 and $15,000,[51] with some as high as $22,000. Warranty claims had been denied because the vehicle's fuel was contaminated with metal shards. Plaintiffs asserted that the German-made fuel pump was not designed for U.S. low-sulfur clean diesel fuel, which lacks the lubricating qualities and lower water content of European diesel.[51]

Class Action Lawsuit Against Gilead Sciences

November 17, 2018: Hilliard filed a lawsuit against Gilead Sciences, Inc., the maker of tenofovir disoproxil fumarate (TDF). The anti-viral drug is prescribed for pre-exposure prophylaxis (PreP) to prevent the user from contracting HIV and also to treat HIV. The class action suit was filed on behalf of people who took the drug and experienced bone damage and/or kidney damage.

The lawsuit stated that Gilead knew of TDF's side effects, but minimized or omitted information about those risks. It also stated that Gilead intentionally held back the release of a safer HIV drug in order to protect its patent on the less safe drug.[52] On Friday May 10, 2020, U.S. District Judge Jon S. Tigar ruled that the litigation may proceed.[53]

Civil Antitrust Lawsuit Against Gilead Sciences

May 14, 2019: Representing AIDS activists Gregg Gonsalves, Brenda Goodrow, Andrew Spieldenner, Peter Staley, Robert Vázquez, and Jason Walker — along with other consumers[54] — Hilliard filed an antitrust complaint in federal court in San Francisco against several of the leading manufacturers of HIV drugs in the U.S.[55] Gilead Sciences, Inc. was the central defendant, with Bristol-Myers Squibb and Janssen (a Johnson & Johnson subsidiary) named as well.

According to the suit, Gilead falsified deals to block competitor companies from producing generic versions of their HIV medications, while Gilead's brand patents on the pills’ main ingredients had expired. These agreements required partner companies to use the Gilead-branded tenofovir, even though generic versions were accessible. According to the lawsuit, individual consumers and health plans paid upwards of $30,000 per year for the brand-name HIV treatments.[55]

References
  1. "Corpus Christi Caller-Times Obituary Notices". obits.caller.com. Retrieved 2017-04-25.
  2. "Hilliard Pics". www.skyraider.org. Retrieved 2019-04-23.
  3. Carlyle, Erin (October 2011). "The Bulldog: Bob Hilliard Takes on the Cases Other Lawyers Won't Touch–and Wins" (PDF). Texas Super Lawyers. Archived (PDF) from the original on July 2018. Retrieved 12 May 2015.
  4. "Alumni Award Honorees 2016 | St. Edward's University in Austin, Texas". www.stedwards.edu. Retrieved 2018-03-19.
  5. "Lawyer takes argument from Supreme Court to Law Commencement". St. Mary's University. 2019-05-09. Retrieved 2020-08-27.
  6. "Attorney Profile". Super Lawyers. Super Lawyers. Retrieved 12 May 2015.
  7. "Suit filed in alleged 'fight club' at school for mentally handicapped - CNN.com". www.cnn.com. Retrieved 2018-03-19.
  8. Lipkin, Michael. "Border Agent Has Immunity for Teen's Shooting: 5th Cir". Law 360. Law 360. Retrieved 12 May 2015.
  9. Acker, Joe Van. "Aetna Ordered to Allow Man's Cancer Treatment". Law360. Law360. Retrieved 13 August 2015.
  10. McKenzie, Caroline Faraj, Stephanie Halasz and David. "UAE denies knowledge of Hotel Rwanda film hero's arrest as family raise 'kidnap' fears". CNN. Retrieved 2020-12-04.
  11. Dahir, Abdi Latif (2020-09-17). "'Hotel Rwanda' Hero, in Jailhouse Interview, Says He Was Duped Into Arrest". The New York Times. ISSN 0362-4331. Retrieved 2020-12-04.
  12. "Rwanda: les avocats de Paul Rusesabagina demandent sa libération". RFI (in French). 2020-09-08. Retrieved 2020-12-04.
  13. "121420 Rusesabagina Complaint (FS).pdf". documentviewer.herokuapp.com. Retrieved 2020-12-14.
  14. "Lawyers allege 'Hotel Rwanda' hero faces risk of torture". WTOP. 2020-09-08. Retrieved 2020-12-04.
  15. "Toyota ordered to pay $11 million in U.S. trial over fatal crash". Reuters. 2015-02-04. Retrieved 2020-08-27.
  16. "Unlikely twosome unlocked cell door". Star Tribune. Retrieved 2018-03-19.
  17. Dye, Jessica. "U.S. Judge Appoints Lead Counsel for GM Ignition-Switch Cases". Reuters. Reuters. Retrieved 12 May 2015.
  18. Stout, Hilary. "G.M. Talks to Families With Claims Over Defects". The New York Times. The New York Times. Retrieved 18 August 2015.
  19. "Feinberg announces how GM switch victims will be paid". USA TODAY. Retrieved 2017-04-24.
  20. Ruiz, Rebecca. "Woman Cleared in Death Tied to GM's Faulty Ignition Switch". The New York Times. The New York Times. Retrieved 18 August 2015.
  21. Isidore, Chris (2015-08-26). "GM Cobalt driver has manslaughter conviction overturned". CNNMoney. Retrieved 2017-04-24.
  22. Virgin, Yami; Hoffman, Chris. "Bexar County looking at lawsuit against Volkswagen". WOAI. Retrieved 2017-04-24.
  23. Garcia, Julie. "Nueces County plans possible lawsuit against Volkswagen". Corpus Christi Caller Times. Corpus Christi Caller Times. Retrieved 5 December 2015.
  24. Bennett, Brian; Tanfani, Joseph (2014-10-18). "A family outing, then a deadly Border Patrol shooting". Los Angeles Times. ISSN 0458-3035. Retrieved 2017-04-25.
  25. Sands, Geneva; Taylor, Audrey (2017-02-21). "Supreme Court hears case of teen shot dead in Mexico by border agent in US". ABC News. Retrieved 2017-04-24.
  26. Totenberg, Nina (2017-02-21). "Supreme Court To Decide If Mexican Nationals May Sue For Border Shooting". NPR. Retrieved 2017-04-24.
  27. "Opinion" (PDF). United States Court of Appeals for the Fifth Circuit. Retrieved 23 May 2015.
  28. "Oral Argument Recording". Oyez. Retrieved 21 Feb 2017.
  29. "ORDERS IN PENDING CASES" (PDF). Supreme Court Court Orders.
  30. "Supreme Court will take second look at cross-border shooting of Mexican boy by U.S. Border Patrol agent". USA TODAY. Retrieved 2019-05-28.
  31. Knoblauch, Austin. "Lawsuit Seeks to Have MLB Extend Safety Netting to Foul Poles". Los Angeles Times. Los Angeles Times. Retrieved 21 September 2017.
  32. Joseph, Andrew. "Twins Player Demands MLB to Require Stadium Nets". USA Today. USA Today. Retrieved 21 September 2017.
  33. "Robert C.Hilliard - Texas Lawyers - Class Action Hastens MLB's Extension of Safety Netting". Super Lawyers. Retrieved 2018-03-19.
  34. Kaplan, Daniel. "Ticket holders suing Astros over sign-stealing pass first legal hurdle". The Athletic. Retrieved 2020-09-24.
  35. Ketterer, Samantha (2019-07-31). "Trial begins for deputy in shooting death of Danny Ray Thomas". HoustonChronicle.com. Retrieved 2020-09-02.
  36. Dart, Tom (2018-04-12). "Family of unarmed black man killed by Texas police file wrongful death lawsuit". the Guardian. Retrieved 2018-06-11.
  37. Ketterer, Samantha (2019-08-08). "Former deputy found not guilty in shooting of Danny Ray Thomas". HoustonChronicle.com. Retrieved 2020-08-27.
  38. Ketterer, Samantha (2020-07-21). "Commission votes to reinstate Harris County deputy who shot, killed Danny Ray Thomas". HoustonChronicle.com. Retrieved 2020-09-02.
  39. "Former Illinois State player under doctors' care after collapses during NBA G League game". chicagotribune.com. Retrieved 2020-08-27.
  40. "Examining the Zeke Upshaw lawsuit against the NBA". SI.com. Retrieved 2018-06-11.
  41. "NBA Faces Questions, Lawsuit in Hopeful's On-Court Death". Retrieved 2018-08-10.
  42. Services, Detroit Free Press Staff and News. "NBA, Detroit Pistons settle lawsuit over G League player Zeke Upshaw's death". Detroit Free Press. Retrieved 2020-09-02.
  43. GmbH, finanzen net. "Harley-Davidson Defect Rips Man In Two, Suit Filed By Hilliard". markets.businessinsider.com. Retrieved 2020-11-30.
  44. "Injured rider files lawsuit against Harley following recall related to brake problems". Milwaukee Journal Sentinel. Retrieved 2018-10-15.
  45. E-scooter craze receives major backlash - CNN Video, retrieved 2018-10-23
  46. LLP, Hilliard Martinez Gonzales. "First New York Lawsuit Filed For Scooter Injury". www.prnewswire.com. Retrieved 2018-10-23.
  47. "Letter to Donald J. Trump" (PDF). prnewswire.com.
  48. Sarah Westwood; Kevin Liptak; Jeff Zeleny. "Trump says he will restrict asylum, claims troops will shoot at rock throwers". CNN. Retrieved 2018-11-05.
  49. "Trump's 'military fights back' comments trigger questions on use of force at the border". azcentral. Retrieved 2018-11-05.
  50. "Bosch CP4 Fuel Pump Failures Cause Lawsuit". CarComplaints.com. Retrieved 2018-11-07.
  51. "Common Problems: The CP4 Time Bomb | Diesel Tech Magazine". www.dieseltechmag.com. Retrieved 2018-11-19.
  52. LLP, Hilliard Martinez Gonzales. "Hilliard Martinez Gonzales LLP: Gilead Sued For Intentionally Withholding Safer HIV Drug". www.prnewswire.com. Retrieved 2019-04-01.
  53. Lidgett, Adam. "Gilead Must Face Bulk Of Patients' Suit Over HIV Drugs - Law360". www.law360.com. Retrieved 2019-05-15.
  54. Straube, Trenton (2019-05-14). "AIDS Activists File Antitrust Lawsuit Against HIV Drug Manufacturers". POZ. Retrieved 2019-05-16.
  55. "Gilead is accused of cutting anti-competitive deals to extend profit on HIV drug combinations".
  • Profile at Hilliard Muñoz Gonzales, LLP
This article is issued from Wikipedia. The text is licensed under Creative Commons - Attribution - Sharealike. Additional terms may apply for the media files.