CIVIL APPEALS
Appellate
Many of our attorneys were Texas state or federal judicial clerks. We have substantial experience representing clients in appellate courts throughout the state in virtually all areas of the law, and experience representing clients in appeals from agency decisions, including the Public Utility Commission of Texas and the Railroad Commission of Texas. Our appellate team is led by David Duggins.
Representative Services
- Handle appeals and original proceedings at all stages of the process in state and federal courts
- Brief and argue appeals and original proceedings on referral
- File amicus briefs on substantive legal issues of interest to our clients
- Assist at trial to ensure appropriate record is created to perfect appellate complaints or protect a favorable judgment
- Draft and argue dispositive motions in trial courts
- Contest or defend the actions of administrative agencies on appeal
- Evaluate cases to determine the advisability of appeal
- Provide legal support in class action litigation
- Prepare and provide jury charge support
Representative Matters
- Successfully represented formerly integrated electric utility in appeal to Texas Supreme Court involving challenge to Public Utility Commission decision concerning quantification of stranded costs and other true-up balances
- Represented gas utility in appeal to Texas Supreme Court involving proper interpretation and application of the Gas Utility Regulatory Act provision that allows gas utilities the right to recover capital investments in gas pipeline infrastructure made during the period between rate cases
- Succeeded in persuading court of appeals to reverse district-court judgment and hold that Railroad Commission had authority under Gas Utility Regulatory Act to adopt rate schedule containing cost-of-service-adjustment clause for capital investment
- Successfully defended insurance company in coverage dispute where policy-holder claimed that insurance company negligently under insured his home
- Successfully defended energy company in appeal resulting in court of appeals’ opinion setting standards for imposing sanctions against a state agency
- Successfully represented wind storm insurance association in a series of cases that resulted in a Texas Supreme Court decision setting standard for review of Texas Department of Insurance decisions
- Successfully defended trial-court judgment ordering a post-divorce partition of jointly-owned real property
- Successfully defended client in appeal of trial court’s award of guardian ad litem fees; court of appeals reversed holding that fee awards were excessive
- Convinced court of appeals to reverse multi-million dollar default judgment on the ground that deemed admission was insufficient to constitute conclusive evidence to support damages award
