Arturo M. Aviles

Practice Highlights

Representative Matters

• Serves as trial counsel in multiple catastrophic motor vehicle accident cases involving significant injuries and fatalities.
• Serves on two of the firm’s national coordinating counsel teams, developing and coordinating the defense of two large product manufacturers in toxic tort litigation across the country. As Texas litigation counsel for these clients, he manages their defense in more than 1,500 asbestos lawsuits pending statewide. 
• Served as regional counsel for a shopping mall services company, a security services company and an aviation services company.
• Obtained summary judgment at arbitration for a hospital system employer against racial discrimination and retaliation claims by a former employee.
• Won multiple contested case hearings for Texas workers’ compensation carriers on various issues including compensability, liability and extent of injury.
• Won a workers’ compensation contested case hearing, successfully demonstrating that an aviation services employee failed to timely notify their employer of a claim, thereby relieving the carrier of any and all liability. 
• Obtained a favorable settlement for an employer in two former hospital employees’ suits alleging sexual harassment and whistleblower/retaliation claims in Travis County, Texas. 
• Obtained a favorable decision for a carrier on all disputed issues in a workers’ compensation contested case hearing proving that an aviation services employee’s compensable injury did not extend to various alleged spine conditions including disc herniation. Accordingly, the claimant’s alleged disability period was unsupported by the evidence. The decision was affirmed by a Texas Appeals Panel following the claimant’s written appeal.
• Won a workers’ compensation contested case hearing for a carrier in which an aviation services employee disputed the designated doctor’s findings of maximum medical improvement and an impairment rating. The hearing officer held that the preponderance of the other medical evidence was not contrary to the designated doctor’s opinions.
• Obtained EEOC dismissal of a former employee’s sex/pregnancy discrimination charge against a medical device manufacturer employer.
• Won a workers’ compensation contested case hearing for a carrier successfully proving that an aviation services employee’s compensable injury did not extend to include lumbar spondylolisthesis and three herniated disks. Subsequently applied for and obtained reimbursement for the carrier of a portion of previously paid income benefits from the Subsequent Injury Fund.
• Obtained EEOC dismissal of a former employee’s discrimination retaliation charge against a career placement agency/consultant.
• Won a workers’ compensation contested case hearing, successfully proving an aviation services employee’s injuries were not compensable, relieving the employer’s insurance carrier from liability and exposure for income and medical benefits.
• Negotiated a favorable result at mediation in a spine injury/premises liability matter in Hidalgo County, Texas, with an initial demand in excess of $750,000.
• Obtained dismissal of an employee’s personal injury suit against a security contractor company for lack of subject matter jurisdiction in Collin County, Texas.
• Obtained a favorable result at mediation for an Austin-area tech company in a sexual discrimination suit filed by a former employee in Travis County, Texas.
• Obtained a favorable result at mediation for a self-insured international pharmaceutical company sued in a motor vehicle accident case involving a company employee and an injured adolescent plaintiff in Montgomery County, Texas.
• Serving as a mediator, helped resolve a highly contested separation between a successful real estate agent and the well-respected real estate group that contracted the agent. While the matter did not resolve during the time allocated for mediation, facilitated ongoing negotiations with the parties until a settlement was achieved.