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

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.

He 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 1989, Hilliard was inducted into the St. Edward's Athletics Hall of Fame.[4] In 2016, he was given St. Edward's Distinguished Alumni Award.[5] He went on to attend St. Mary's University School of Law, in San Antonio, Texas, graduating with honors in 1983.[3]

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 for their responsibility in the so-called "fight club" incidents in 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 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]

Motor Vehicle Lawsuits

In 2010, Hilliard represented Koua Fong Lee, a Hmong immigrant, who was wrongfully convicted of vehicular homicide after he was involved in an accident. His Toyota Camry, now recalled, had experienced sudden unintended acceleration and causing 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.[10][11] For his work in proving Koua's innocence, Hilliard received the Never Forgotten Award from the Innocence Project of Minnesota (IPMN) in 2010.[12]

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, where he had primary responsibility for all death and injury cases.[13] Hilliard represented 326 clients with liability claims, of which 53 involved a fatality. On May 2, 2014, Hilliard participated in a discussion session with Kenneth Feinberg who represented GM.[14] On June 30, 2014, Feinberg announced a plan to compensate the victims of the defect.[15]

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.[16] In August 2015, he overturned the criminal conviction of another woman involved in an ignition switch incident.[17]

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.[18][19]

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

Hilliard represents 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 is also representing the family of Guillermo Arevalo Pedraza, who was killed under similar circumstances by a different US Border Patrol agent.[20] The cases had sparked a confrontation between former Mexican President Felipe Calderón and former US Secretary of State Hillary Clinton.[21]

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 US border.[22][23] 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.[24]

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 Hernandez family on February 21, 2017.[22][23][25] 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.[26] Next term, the justices will hear arguments to consider whether U.S. Border Patrol agent Jesus Mesa is liable for the 2010 shooting death of 15-year-old Sergio Hernández in Ciudad Juárez, Mexico.[27] Hilliard shared in a statement: "The deadly practice of agents standing in the United States and shooting innocent kids across the border must be stopped. It’s never right. It’s never constitutional. This is one of those times when morality and our U.S. Constitution line up perfectly.”[27]

Major League Baseball

Hilliard filed a lawsuit against Major League Baseball urging MLB to expand netting at ballparks.[28] The suit cites numerous injuries at ballparks, but was filed before a September 2017 incident that prompted MLB players to demand netting be increased at stadiums.[29] Of the September 2017 incident, 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."[29] Not long after Hilliard filed his class-action suit, all MLB teams had agreed to install extended netting to protect fans from foul balls and bats escaping the player's grip.[30]

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. 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, Ben Crump, to file a lawsuit on behalf of Mr. Thomas's family, holding Deputy Brewer and the county responsible for the wrongful death.[31]

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. Delaying life-saving measures such as CPR or defibrillation, the 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, Texas attorney Bob Hilliard and Florida civil rights lawyer Ben Crump have filed a wrongful death lawsuit, which they announced at a press conference on May 30 at U.S. District Court in New York City. Hilliard and Crump are bringing legal action against the NBA, The Detroit Pistons, the Grand Rapids Drive and the Deltaplex Arena where the game was held.[32][33]

Harley-Davidson Brake Defect

December 2016: John Alexander Gifford was riding his Harley-Davidson Night Rod motorcycle, heading home from work. When he put on the brakes, they malfunctioned, causing him to lose control of the bike and crash into trees by the side of the road. He sustained extensive critical injuries, which have required 11 surgeries so far — with more to come. On Gifford's behalf, Bob Hilliard has 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.[34]

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 up, sending him flying face-forward 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 blames the scooter manufacturer for negligence, defective design and failure to warn of the scooter's substantial dangers.[35][36]

Letter to President Donald J. Trump

November 2, 2018: Bob Hilliard and Steve Shadowen, founders of Hilliard Shadowen LLP, sent a letter[37] to President Trump in response to his November 1 speech in which he appeared to authorize the use of deadly force against alleged rock throwers on the border between Mexico and the U.S.[38]  The letter points out that the United States Department of Justice has 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.[39]

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 is 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 fail, sending metal shards into the fuel system and engine, causing extensive damage.[40] Plaintiffs’ repair bills are averaging between $8,000 and $15,000,[41] with some as high as $22,000. Warranty claims have been denied because the vehicle's fuel is contaminated with metal shards, even though the contamination is created by the failure of the CP4 pump. Plaintiffs claim that the German-made fuel pump is not designed for US low sulfur clean diesel fuel, which does not have the lubricating qualities and lower water content of European diesel.[41]

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 claims that Gilead knew of TDF's serious side effects, but minimized or omitted information about those risks. It also claims that Gilead intentionally held back the release of a safer HIV drug in order to protect its patent on the less safe drug.[42] On Friday May 10, U.S. District Judge Jon S. Tigar, ruled that the litigation may proceed.[43]

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[44] — Bob Hilliard filed an antitrust complaint in federal court in San Francisco against several of the leading manufacturers of HIV drugs in the U.S.[45] Gilead Sciences, Inc. is the central defendant, with Bristol-Myers Squibb and Janssen (a Johnson & Johnson subsidiary) named as well.

According to the 135-page suit, Gilead falsified deals to block competitor companies from producing generic versions of their HIV medications, despite the fact that Gilead's brand patents on the pills’ main ingredients expired. These agreements required partner companies to use the Gilead-branded tenofovir, even though significantly less expensive generic versions are accessible. This means consumers and health plans were paying upwards of $30,000 per year for the brand-name HIV treatments.[45]

Philanthropy

In 2011, Hilliard established St. Edward's University's Brother Emmett Strohmeyer, CSC and Paul J. Weber '80 Memorial Endowed Scholarship in honor of Brother Emmett Strohmeyer, his tennis coach and mentor and Paul J. Weber, his classmate and teammate.

In April 2017, Hilliard Martinez Gonzales donated $6,500 to United Way of the Coastal Bend to fund 1,000 school supply bags for students in the San Diego Independent School District in San Diego, Texas. In this district, the majority of students qualify for free or reduced lunch.[46] Hilliard's wife, attorney Catherine Hilliard, grew up in San Diego.

In May 2017, the Hilliards donated $1 million to Incarnate Word Academy in Corpus Christi, Texas for a new, 14,000-square-foot elementary level Montessori building.[47]

In September 2018, Bob Hilliard's spouse and St. Edward's University trustee, Catherine Tobin Hilliard, established the Bob Hilliard ’80 Endowed Scholarship to “honor Bob’s accomplishments on the Hilltop, which provided him the foundation for success in his personal and professional life, and to celebrate his 60th birthday on Thursday, September 6, 2018… (the scholarship) is a lasting resource to help support students pursuing an undergraduate English Literature degree…”

Media Coverage
  • Carlyle, Erin (October, 2011). "The Bulldog"
  • Taylor, Beth (October, 2017). "Robert Hilliard Cries Foul Against Major League Baseball"
  • Taylor, Beth (March, 2018). "Class Action Hastens MLB's Extension of Safety Netting"

Awards

Elite Trial Lawyer of the Year - National Law Journal
  • 2016: Awarded title in Products Liability category[48]
  • 2015: Awarded title in Motor Vehicles category[48]

Texas Super Lawyers - Thompson Reuters
  • 16-Year Award, 2003, 2004, 2006-2019[6]

National Trial Lawyers
  • 2019: Top 100 Trial Lawyers/Civil Plaintiff[6]
  • 2018: Top 100 High-Stakes Litigators[49]
  • 2017: Top 100 Trial Lawyers[6]

The Litigation Counsel of America

An invitation-only honorary society for trial lawyers. Membership is limited to less than one-half of one percent of U.S. lawyers.

  • Hilliard is one of 3,500 Fellows[50]
  • 1992: Civil Trial Law[51]
  • 1990: Personal Injury Trial Law[51]
  • Fewer than 1% of Texas attorneys are double certified.

American Board of Trial Advocates (ABOTA)
  • "Advocate" level membership (must have 50 trials as Lead Counsel)[50]

Innocence Project of Minnesota
  • 2010: Honored with first-ever “Never Forgotten” award[52]

Public Justice Trial Lawyer of the Year
  • 2011: Finalist[6]

St. Edward’s University
  • 2016: Distinguished Alumni Award[53]

St. Mary's University School of Law

May 18, 2019: Alumnus Bob Hilliard (J.D. ’83) was honored to give the 85th Annual Spring Commencement[54] address to the school's graduating class.[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. Retrieved 12 May 2015.
  4. "Hilltop Athletics: St. Edward's Athletics Hall of Fame". St. Edward's University. St. Edward's University. Retrieved 2 September 2015.
  5. "Alumni Award Honorees 2016 | St. Edward's University in Austin, Texas". www.stedwards.edu. Retrieved 2018-03-19.
  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. Forliti, Amy (2015-02-03). "Jury: Toyota must pay $11M to victims of fatal crash". MSN.com. Retrieved 2017-04-24.
  11. Baran, Madeleine. "Koua Fong Lee, convicted in Toyota crash, free after judge grants new trial". Retrieved 2017-04-24.
  12. "Unlikely twosome unlocked cell door". Star Tribune. Retrieved 2018-03-19.
  13. Dye, Jessica. "U.S. Judge Appoints Lead Counsel for GM Ignition-Switch Cases". Reuters. Reuters. Retrieved 12 May 2015.
  14. Stout, Hilary. "G.M. Talks to Families With Claims Over Defects". The New York Times. The New York Times. Retrieved 18 August 2015.
  15. "Feinberg announces how GM switch victims will be paid". USA TODAY. Retrieved 2017-04-24.
  16. 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.
  17. Isidore, Chris (2015-08-26). "GM Cobalt driver has manslaughter conviction overturned". CNNMoney. Retrieved 2017-04-24.
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  30. "Robert C.Hilliard - Texas Lawyers - Class Action Hastens MLB's Extension of Safety Netting". Super Lawyers. Retrieved 2018-03-19.
  31. Dart, Tom (2018-04-12). "Family of unarmed black man killed by Texas police file wrongful death lawsuit". the Guardian. Retrieved 2018-06-11.
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  35. E-scooter craze receives major backlash - CNN Video, retrieved 2018-10-23
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  38. Sarah Westwood; Kevin Liptak; Jeff Zeleny. "Trump says he will restrict asylum, claims troops will shoot at rock throwers". CNN. Retrieved 2018-11-05.
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  40. "Bosch CP4 Fuel Pump Failures Cause Lawsuit". CarComplaints.com. Retrieved 2018-11-07.
  41. "Common Problems: The CP4 Time Bomb | Diesel Tech Magazine". www.dieseltechmag.com. Retrieved 2018-11-19.
  42. LLP, Hilliard Martinez Gonzales. "Hilliard Martinez Gonzales LLP: Gilead Sued For Intentionally Withholding Safer HIV Drug". www.prnewswire.com. Retrieved 2019-04-01.
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  46. "EdData - District Profile - San Diego Unified". www.ed-data.org. Retrieved 2018-11-19.
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  51. "Attorney Profile". www.tbls.org. Retrieved 2019-05-14.
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  53. "Alumni Award Honorees 2016 | St. Edward's University in Austin, Texas". www.stedwards.edu. Retrieved 2019-05-15.
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  • Profile at Hilliard Muñoz Gonzales, LLP
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