Serious Bodily Injury and Death
Serious bodily injuries and deaths too often occur as a result of faulty drugs, medical malpractice, traffic accidents, or mishaps in the workplace. Mr. McCabe has been instrumental in obtaining substantial damage verdicts and settlements for injured persons and for the families of persons killed in such incidents.
a mother of two who died because of a diet drug,
the widow and children of a truck driver killed in an accident during the construction of a parking garage in the Texas Medical Center,
the family of a woman run over and killed by an 18-wheeler hauling debris from a demolished building in downtown Houston,
a man paralyzed by a misplaced injection during treatment for back pain,
a woman who lost her arms and legs due to an infection she caught in the hospital, and
a woman crushed against the side of her house by a forklift delivering siding from a home-improvement retailer.
Terms such as "civil rights," "Civil liberties," and "human rights" apply to rights to which persons are entitled because they are citizens or simply because they are human beings. Such rights protect against undue interference with a person's physical or mental integrity and protect against discrimination on grounds such as race, sex, sexual orientation, and religion. In the U.S. constitutional and statutory provisions exist to provide protection, and sometimes a person may bring a lawsuit to vindicate such rights
Mr. McCabe has been involved in a number of important civil rights cases over the years.
Acting pro bono (for public benefit and without pay) and at the request of a civil rights organization, he wrote an amicus curiae (“friend of the court”) brief with an argument echoed by a panel of the 14th Court of Appeals in striking down the Texas anti-homosexual-conduct statute as a violation of civil rights. That case went to the U.S. Supreme Court, which upheld the civil rights of homosexuals, reversed the full 14th Court, and struck down the Texas statute in the landmark 2003 case of Lawrence v. Texas.
Mr. McCabe later joined in a pro bono amicus brief to the Massachusetts Supreme Court in a civil rights case that resulted in judicial recognition of the civil right to same-sex marriage.
The construction of roads, bridges, buildings, and other structures often results in disputes, which can involve developers, builders, contractors and subcontractors, suppliers, buyers, sellers, tenants, and the government. Mr. McCabe has been involved in such disputes.
Mr. McCabe participated in a case involving a high-end nursing home in west Houston, which experienced mold growing out of the walls. The patients were evacuated, the developer lost the property, and a lawsuit ensued, which resulted in a substantial recovery for the developer. As part of the settlement, one defendant gave the developer its claims against the subcontractor's insurance companies. Mr. McCabe successfully handled an appeal of that claim to the Texas Supreme Court.
In Phoenix, Arizona, Mr. McCabe settled a dispute over a multi-million-dollar construction project on behalf of the K Pau Kim Trust, LLC.
Government Takings of Property
Mr. McCabe is a recognized authority in the areas of Eminent Domain and Inverse Condemnation.
The Texas Supreme Court, in City of Dallas v. Stewart, 361 S.W.3rd 562, 573 (Tex. 2012), made new constitutional law in the area of government takings, quoting Mr. McCabe's constitutional analysis.