Texas Supreme Court

• EnVen Energy Corp. v. Dunwoody, No. 23-0336 (2023, pet. pending). Handling a high-stakes appeal that has involved issues related to trial procedure amid the COVID-19 pandemic.
• Hidalgo County Water Improvement District No. 3 v. Hidalgo County Irrigation District No. 1, No. 21-0507 (2023). Successfully argued that common law immunity does not apply as a defense to condemnation, reversing the court of appeals’ departure from first principles of law and a century of settled precedent.
• Helena Chemical Company v. Cox et al., No. 20-0881 (2023). Secured a unanimous decision to reinstate summary judgement in a crop damage suit. This appeal addressed critical issues of causation and expert testimony and set important precedent.
• James Frederick Miles v. Texas Central Railroad & Infrastructure, Inc. and Integrated Texas Logistics, Inc., No. 20-0393 (2022). The Court affirmed an intermediate appellate court ruling that Texas Central has eminent domain authority for a high-speed rail project.
• TCEQ and Dos Repúblicas Coal Partnership v. Maverick County, No. 19-1108 (2022). The Court established critical precedent on administrative law principles—including what deference is owed to agencies, and what the substantial evidence standard entails—as well as on the faithful application of the law.
• Mo-Vac Service Co. v. Escobedo, No. 18-0852 (2020). Addressing complex workers compensation questions, the Court reversed in favor of the position urged by amicus curiae clients.
• Community Health Systems Professional Services Corp. v. Hansen, No. 14-1033 (2017). Provides important protection for professionals rendering advice or consulting services from suits seeking damages for claims of illegal interference with a contract.
• Boerjan v. Rodriquez, 436 S.W.3d 307 (2014). Addressing an important question of landowner liability in the context of illegal smuggling operations, the Court reversed in favor of the position urged by amicus curiae mining client.
• Venture Cotton Cooperative v. Freeman, 435 S.W.3d 222 (2014). Successfully upheld an arbitration agreement against challenge of unconscionability.
• Univ. of Tex. at El Paso v. Herrera, 322 S.W.3d 192 (Tex. 2010). Successfully overturned a lower court order holding that Congress validly abrogated the State’s sovereign immunity in the “self care” provision of the Family and Medical Leave Act.

Texas Appellate Decisions

• Alexander, et al. v. The Woodlands Land Development Company, L.P., No. 4:18-CV-02291 (Texas Southern, ongoing). Handling a high-stakes appeal brought by over 500 plaintiff homeowners resulting from Hurricane Harvey.
• MediaOne, LLC d/b/a The Monitor and Aim Media Texas Operating, LLC d/b/a The Monitor v. Rodney Allan Henderson, No. 12-19-00212-CV (Tex. App. [12th Dist.], pet. granted). Concerning important principles for Texas anti-SLAPP law.
• Ryan LLC v. USA Today aka Gannett Co., Inc, et al, No. 09-23-00140-CV (Tex. App. [9th Dist.] 2023). Court conditionally granted USA Today’s petition for writ of mandamus in a defamation and fraud lawsuit.
• Title Source, Inc., Reporters Committee for Freedom of the Press, and Houston Forward Times v. HouseCanary, Inc. f/k/a Canary Analytics, Inc., No. 04-21-00584-CV (Tex. App. – San Antonio 2023, pet. denied). Reversed a trial court’s sealing order and rendered judgment denying an amended motion to seal trial exhibits that contain alleged trade secrets.
• Burke, et. al. v. Houston PT BAC Office Limited Partnership, No. 01-21-00288-CV (Tex. App. [1st Dist.] 2023). Concerning arbitration award in an appeal related to rent and long-term lease of real property.
• Muller v. Stewart Title Guar. Co., 525 S.W.3d 859 (Tex. App.—Houston [14th Dist.] 2017). Affirmed summary judgment for client in a breach of contract and breach of fiduciary duty case related to a canceled real estate deal in Mexico.
• Dallas Morning News, Inc. v. Mapp, 05-14-00848-CV, 2015 WL 3932868 (Tex. App.—Dallas 2015, no. pet.) (mem. op.). Libel suit by unsuccessful U.S. Senate candidate, complaining of newspaper editorial that stated his immigration position as a “shoot on sight” policy, dismissed under Texas anti-SLAPP statute.
• Shipp v. Malouf, 439 S.W.3d 432 (Tex. App.—Dallas 2014, pet. denied). Texas dentist was not defamed by false allegation of bankruptcy in news broadcast that accurately reported official accusations of massive Medicaid fraud against the dentist; therefore, anti-SLAPP dismissal should be granted.
• Mayfield v. Fullhart, 444 S.W.3d 222 (Tex. App.—Houston [14th Dist.] 2014, pet. denied). In a case of first impression for Texas state appellate courts, the Court found that the single-publication rule applies to news media reports posted on the internet.
• Man Indus. (India), Ltd. v. Midcontinent Express Pipeline, LLC, 407 S.W.3d 342 (Tex. App.—Houston [14th Dist.] 2013, pet. denied). Affirmed $1 million judgment in favor of pipe broker client in breach-of-contract and fiduciary duty case.
• Avila v. Larrea, 394 S.W.3d 646 (Tex. App.—Dallas 2012, pet. denied). In a case of first impression, reversed trial court’s order and dismissed defamation claims against media clients under Texas’ new anti-SLAPP statute.
• Leach v. Tex. Tech. Univ. , 335 S.W.3d 386 (Tex. App.—Amarillo 2011, pet. denied). Overturned a trial court ruling that would have allowed terminated head football coach Mike Leach to seek more than $10 million in breach-of-contract damages from Texas Tech University.

United States Supreme Court

• West Virginia v. EPA, No. 20-1530 (2022). Submitted amicus briefs on behalf of petitioners arguing EPA lacked authority without “clear congressional authorization.”
• Cope v. Coleman County, et al., No. 21-783 (2022, pet. denied). Upholds a Fifth Circuit ruling entitling officers to qualified immunity.
• Storman’s Inc. v. Wiesman, No. 15-862 (2016, pet. denied). Submitted an amicus brief on behalf of 43 members of Congress in support of Petitioners and arguing that there is a uniform consensus in both the states and federal government that the conscience rights of healthcare professionals are entitled to protection.
• Thomas v. Lynch, No. 15-889 (2016, pet. denied). Submitted an amicus brief on behalf of members of Congress in support of petitioner and arguing that the Court should grant the Petition to clarify the scope and meaning of the Citizenship Clause of the U.S. Constitution.
• Coleman v. Maryland Court of Appeals, 132 S.Ct. 1327 (2012). Submitted an amicus brief on behalf of Texas and 25 other states, successfully arguing an important sovereign immunity issue, and that was cited and quoted by the Court.
• Medellin v. Texas, 552 U.S. 491 (2008). Successfully defended Texas and won a landmark decision that the World Court cannot bind the U.S. justice system, and the President of the United States cannot order state courts to obey the World Court.
• Dist. of Columbia v. Heller, 554 U.S. 570 (2008). Submitted an amicus brief on behalf of 31 states successfully defending the Second Amendment right to keep and bear arms.
• Baze v. Rees, 553 U.S. 35 (2008). Submitted amicus brief for 20 states successfully defending the constitutional validity of Kentucky’s lethal injection protocol against Eighth Amendment challenge.
• Johanns v. Livestock Mktg. Ass’n, 544 U.S. 550 (2005). Submitted successful amicus brief on behalf of 48 cattle and agricultural associations in a landmark First Amendment case.

Federal Courts of Appeal

• In re: Western States Wholesale Natural Gas Antitrust Litigation, No. 22-3279 (7th Cir. 2023, pending). Argued on behalf of the joint defense/appellate group in a precedent-setting class action certification appeal.
• Loeb v. Mako, L.L.C. d/b/a Padua Realty Company, No. 22-20362 (5th Cir. 2023). The Court denied rehearing en banc, setting critical precedent as to licensing, contracts, and copyright law.
• Flight Training International v. FAA, No. 20-60676 (5th Cir. 2023). The Court set aside an FAA order that did not go through the notice-and-comment process as required by the Administrative Procedure Act.
• Cooper Drum Cooperating Parties Group v. Angeles Chemical Co. Inc., et al., No. 2:19-CV-03007 (9th Cir. 2023). Obtained a unanimous victory preserving an $18 million default judgment in a dispute arising out of environmental clean-up work.
• Burback et al. v. Oblon et al., No. 22-40609 (5th Cir. 2023). Affirmed dismissal with prejudice of a ruling that six asserted counts were insufficiently pled, implausible as to the corporate clients, and were time-barred by the statute of limitations.
• In re: Lehman Brothers Holdings Inc., 970 F.3d 91 (2d Cir. 2020). Affirmed dismissal of client and other noteholders, denying a $1 billion clawback effort by Lehman Brothers Special Financing Inc.
• Pacific Premier Bank v. Chetna Hira, No. 18-10611 (5th Cir. 2019). Affirmed summary judgment of over $1.27 million plus attorneys’ fees in a breach-of-guaranty action.
• Wuhan Keda Marble Co., Ltd. v. Tenax S.P.A., No. 2018-1900 (Fed. Cir. 2019). The Court summarily affirmed the Trademark Trial and Appeal Board’s findings in favor of client, granting a total victory.
• Stokes v. Southwest Airlines, No. 17-10760 (5th Cir. 2018). The Court held that the Air Carrier Access Act of 1986 does not confer a private right of action for disability discrimination against an air carrier, overruling its own 30-year precedent.
• Simone Kelly-Brown et al. v. Oprah Winfrey et al., No. 15-697 (2d Cir. 2016). Affirmed summary judgment in favor of clients in a trademark appeal over the use of the phrase “Own Your Power.”
• In re Deepwater Horizon, 784 F.3d 1019 (5th Cir. 2015). Affirmed dismissal of Mexican States’ claims for pollution-related damages from the Macondo Oil spill as barred by the Robins Dry Dock rule.
• In re Deepwater Horizon, 745 F.3d 157 (5th Cir. 2014). Affirmed dismissal of claims brought by local governmental entities as preempted.
• In re W. Feliciana Acquisition, L.L.C., 744 F.3d 352 (5th Cir. 2014). Affirmed trial court’s grant of summary judgment and holding that a claim for lost profits or consequential damages was not covered by a lender’s policy of title insurance.
• McLane Foodservice, Inc. v. Table Rock Rests., L.L.C., 736 F.3d 375 (5th Cir. 2014). Affirmed the trial court’s interpretation of a guaranty agreement that client was not liable for over $700,000 in claimed damages.
• Whitley v. Hanna, 726 F.3d 631 (5th Cir. 2013). Affirmed the client’s motion to dismiss in § 1983 action brought by sexual abuse victim against state officers involved in investigation and arrest of sexual offender.
• Asgeirsson v. Abbott, 696 F.3d 454 (5th Cir. 2012). Successfully defended the constitutional validity of a core provision of the Texas Open Meetings Act, defeating a First Amendment challenge brought by a group of Texas municipal officers.
• Texas v. U.S. EPA, 690 F.3d. 670 (5th Cir. 2012). Overturned EPA’s disapproval of Texas’ Flexible Permit Rule as arbitrary and capricious under the Clean Air Act.
• M.D. ex rel. Stukenberg v. Perry, 675 F.3d 832 (5th Cir. 2012). Successfully overturned a federal district court order certifying an injunctive class comprised of children in Texas’ permanent managing conservatorship.
• Iovate Health Science, Inc. v. BSN, Inc. and Medical Research Institute, 92 U.S.P.Q. 2d 1672 (Fed. Cir. 2009). Affirmed summary judgment finding that advertisements in a fitness magazine constituted an anticipatory prior printed publication that invalidated the pertinent claims of the patent in suit.