Robert C. Hilliard (attorney)

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Robert C. Hilliard
Robert Hilliard in front of a court house
Other namesBob Hilliard
Education
OccupationAttorney
Years active1983–present
Known forMotor vehicle liability litigation
Websitehttps://hmglawfirm.com/

Robert C. Hilliard is an American civil rights and personal injury attorney notable for his United States Supreme Court argument in Hernandez vs. Mesa seeking to hold a border patrol agent accountable for the cross border shooting of a Mexican national, Sergio Hernandez. He also was appointed and served as the nation's lead lawyer for personal injury victims in the General Motors ignition switch recalls litigation, one of the largest civil litigations in the country's history.

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] Hilliard received his certification from the Texas Board of Legal Specialization in Personal Injury Trial Law in 1990 and Civil Trial Law in 1992.[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 2017, the firm Hilliard Muñoz Gonzales, LLP became Hilliard Martinez Gonzales, LLP in when founding partner Jacobo Munoz retired, and John Martinez was made managing partner. In 2020, they opened an office in Chicago, IL.

Notable Cases[]

Sutherland Springs Shooting[]

July 7, 2021: United States District Court Judge Xavier Rodriguez determined that the United States Air Force was 60% responsible for the Sutherland Springs shooting massacre.[9] Hilliard, who represents minor Ryland Ward, who was shot 5 times in the shooting; his mother, Chancie McMahan; and Scott Holcombe, whose family lost 3 generations of people, described Rodriguez’s opinion as “detailed, thoughtful and extremely thorough,” and noted the families were represented by numerous lawyers and firms “committed to the challenge of holding the Air Force accountable for its clear part in this tragedy.”[10]

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.[11] 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.[12] 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.[13]

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,[14] alleging that Rusesabagina was wrongfully kidnapped and flown to Rwanda without due process to face accusations of alleged terrorism.[15] 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.[11]

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.[16] For his work in confirming Koua's innocence, Hilliard received the Never Forgotten Award from the Innocence Project of Minnesota (IPMN) in 2010.[17]

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.[18] 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.[19] On June 30, 2014, Feinberg announced a plan to compensate the victims of the defect.[20]

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.[21] In August 2015, he overturned the criminal conviction of another woman involved in an ignition switch incident.[22]

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.[23][24]

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.[25] 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.[26][27] 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.[28]

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.[26][27][29] 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.[30][31] 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.[32] 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.[33] 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."[33] 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.[34]

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.[35] 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)."[35]

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.[36] 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.[37] The former deputy was found not guilty on August 1, 2019[38] and was reinstated one year later.[39]

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.[40] 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.[41][42] A deal was reached in December, 2019 with the NBA and the Pistons, but no details were disclosed.[43]

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.[44] 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.[45]

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.[46][47]

Letter to President Donald J. Trump[]

November 2, 2018: Hilliard and Steve Shadowen sent a letter[48] 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.[49]  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.[50]

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.[51] Plaintiffs’ repair bills were averaging between $8,000 and $15,000,[52] 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.[52]

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.[53] On Friday May 10, 2020, U.S. District Judge Jon S. Tigar ruled that the litigation may proceed.[54]

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[55] — Hilliard filed an antitrust complaint in federal court in San Francisco against several of the leading manufacturers of HIV drugs in the U.S.[56] 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.[56]'

Aetna Insurance Restraining Order[]

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.[57]

State School Fight Club[]

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.[58]

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 the late Paul J. Weber, his classmate and teammate.[59]

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.[60] In this district, the majority of students qualify for free or reduced lunch.[61] Hilliard's wife, attorney Catherine Hilliard, grew up in San Diego.

In May 2017, the Hilliard's donated $1 million to Incarnate Word Academy in Corpus Christi, Texas for a new, 14,000-square-foot elementary level Montessori building.[62]

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…”

Awards[]

Corpus Christi Bar Association[]

  • 2020 "Lawyer of the Year" [63]

Elite Trial Lawyer of the Year - National Law Journal[]

  • 2016: Awarded title in Products Liability category[64]
  • 2015: Awarded title in Motor Vehicles category[64]

Texas Super Lawyers - Thompson Reuters[]

  • 18-Year Award, 2003, 2004, 2006-2021[65]

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.[66]

  • Hilliard is one of 3,500 Fellows[67]

Innocence Project of Minnesota[]

  • 2010: Honored with first-ever “Never Forgotten” award[68]

St. Edward’s University[]

  • 2016: Distinguished Alumni Award[4]

References[]

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  53. ^ LLP, Hilliard Martinez Gonzales. "Hilliard Martinez Gonzales LLP: Gilead Sued For Intentionally Withholding Safer HIV Drug". www.prnewswire.com. Retrieved 2019-04-01.
  54. ^ Lidgett, Adam. "Gilead Must Face Bulk Of Patients' Suit Over HIV Drugs - Law360". www.law360.com. Retrieved 2019-05-15.
  55. ^ Straube, Trenton (2019-05-14). "AIDS Activists File Antitrust Lawsuit Against HIV Drug Manufacturers". POZ. Retrieved 2019-05-16.
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  57. ^ Acker, Joe Van. "Aetna Ordered to Allow Man's Cancer Treatment". Law360. Law360. Retrieved 13 August 2015.
  58. ^ "Suit filed in alleged 'fight club' at school for mentally handicapped - CNN.com". www.cnn.com. Retrieved 2018-03-19.
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  60. ^ "Operation S.O.S to provide 18K local students with school supplies this year". KRIS. 2020-08-06. Retrieved 2021-03-12.
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  66. ^ "About". Litigation Counsel of America. Retrieved 2021-07-08.
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  68. ^ "Unlikely twosome unlocked cell door". Star Tribune. Retrieved 2021-07-08.

External links[]

  • Profile at Hilliard Muñoz Gonzales, LLP
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