The Firm's appellate lawyers have established a vibrant, cutting-edge appellate practice that has achieved precedent-setting results for our clients. In the last two years alone, our appellate lawyers have orally argued appeals at the Texas Supreme Court, the United States Courts of Appeals for the Third, Fifth, and Tenth Circuits, and numerous Texas Courts of Appeals.
Our active trial docket results in frequent courtroom appearances for our appellate lawyers, who assist in all phases of litigation -- from drafting of initial pleadings to framing and arguing the jury charge. The Firm's appellate lawyers are also regularly called in to assist other firms at both the trial and appellate stages.
Our appellate lawyers have served as judicial law clerks for the Supreme Court of Texas and the United States Court of Appeals for the Fifth Circuit. This has given them insight into how appellate judges think and what arguments are persuasive.
The Firm's appellate lawyers have achieved precedent-setting results in a broad variety of cases. They have established that companies targeted in CERCLA cases have the right to intervene to object to settlements that could bar their ability to seek contribution. They ended the negligent-credentialing claim in medical malpractice cases. They established that a company does not have to warn a sophisticated user about open and obvious defects. They have also changed the way disability law applies to the cruise industry.
Reported decisions illustrating successes of the Firm's appellate lawyers include:
- Spence v. The ESAB Group, Inc., 623 F.3d 212 (3d Cir. 2010) (won reversal of summary judgment in trucking-accident case; Third Circuit held that a shipper who loads cargo onto a truck has a duty to make sure that the cargo is secured).
- United States ex. Rel. Steury v. Cardinal Health, Inc., 625 F.3d 262 (5th Cir. 2010) (won reversal in False Claims Act qui tam case; Fifth Circuit agreed that district court erred in not allowing client to replead).
- United States v. Albert Investment Co., 585 F.3d 1386 (10th Cir. 2009) (won reversal of order denying intervention in a CERCLA case; Tenth Circuit held that non-settling potentially responsible parties in CERCLA cases had the right to intervene to object to settlements that would cut off their contribution rights).
- Garrett v. Borden, 283 S.W.3d 852 (Tex. 2009) (per curiam) (won reversal of dismissal in a statutory-interpretation case).
- Spector v. Norwegian Cruise Line, Ltd., 125 S.Ct. 2169 (2005) (established that Americans with Disabilities Act applies to cruise ships).
- King v. Dallas Fire Ins. Co., 85 S.W.3d 185 (Tex. 2002) (established that “occurrence” in an insurance policy is determined from the insured’s viewpoint).
- Sauder Custom Fabrication, Inc. v. Boyd, 967 S.W.2d 349 (Tex. 1998) (established that defendant does not have to warn sophisticated users about open and obvious defects).
- Peace v. American General Life Ins. Co., 462 F.3d. 437 (5th Cir. 2006) (won reversal of summary judgment in ERISA case).
- SMI Realty Mgmt. Corp. v. Underwriters at Lloyd’s London, 179 S.W.3d 619 (Tex. App.—Houston [1st Dist.] 2005, pet. denied) (won reversal of summary judgment in insurance-coverage case).
- Nikolouzos v. St. Luke’s Episcopal Hosp., 162 S.W.3d 678 (Tex. App.—[14th Dist.], 2005, no pet.) (won dismissal of appeal of temporary restraining order).
- Davis v. Methodist Hosp., 997 S.W.2d 788 (Tex. App.—Houston [1st Dist.] 1999, no pet.) (won affirmance of summary judgment in libel case related to hospital credentialing).
- St. Luke’s Episcopal Hospital v. Agbor, 952 S.W.2d 503 (Tex. 1997) (holding that plaintiffs cannot assert negligent credentialing claims against hospitals).