Logo for print Skip to main content

Appellate Litigation

Our appellate team regularly handles issues of first impression and landmark appeals at federal courts of appeal and state appellate courts throughout the country, as well as before the Texas Supreme Court.

Clients rely on us to handle some of the nation’s most complex cases at the appellate level. Recently, for example, we successfully defended Westlake Chemical on appeal to the Federal Circuit in a patent infringement case involving two of the largest publicly traded polymer manufacturers in the United States. We have also helped secure appeals for Carlton Energy, GDF SUEZ, KBR and Prosperity Bancshares

We handle a range of matters, from energy to environmental litigation, to insurance and toxic torts, to healthcare and intellectual property matters. We regularly join clients’ legal teams early in the litigation process and work to develop a comprehensive appeal strategy from the very beginning.

Cases With Impact

  • ASARCO LLC in a dispute over whether a Bankruptcy Code provision authorized a law firm to recover legal fees that it incurred in litigating against ASARCO. The US Supreme Court ruled in ASARCO’s favor and resolved a significant legal issue that applies in every bankruptcy in the United States
  • Carlton Energy Group, LLC on appeal in a large business dispute involving breach of, and tortious interference with, contracts regarding a gas lease. The trial court signed a judgment of approximately $50 million in Carlton Energy Group’s favor, which the Supreme Court of Texas affirmed. After a remand on a limited issue, the case is pending again in the Texas Supreme Court
  • GDF SUEZ Energy North America (ENGIE) on appeal on behalf of GDF SUEZ in a first-of-its-kind case that involved novel legal and regulatory issues related to the Texas electricity markets
  • KBR, Inc. on appeal to the US Court of Appeals for the Fourth Circuit against claims asserted by hundreds of thousands of service members and civilian employees alleging they were injured by KBR’s use of burn pits to dispose of solid waste at military bases across Iraq and Afghanistan
  • KBR, Inc. on appeal from an $80 million judgment against KBR arising out of claims alleging exposure to sodium dichromate by 150-plus National Guardsmen at a water-treatment facility in Iraq. The Ninth Circuit ruled case in KBR’s favor just a week after oral argument, reversing a roughly $80 million judgment in its entirety based on lack of personal jurisdiction
  • McAllen Trust Partnership (James Argyle McAllen and other McAllen Ranch entities) against Forest Oil Company for environmental contamination relating to drilling operations. We prevailed in the Texas Supreme Court on behalf of our client
  • Prosperity Bancshares, Inc. in an adverse temporary injunction ruling in a dispute with former employees over enforcement of the parties’ non-compete and non-solicitation agreements
  • Westlake Chemical Corporation on appeal to the federal circuit in a patent infringement case involving two of the largest publicly traded polymer manufacturers in the United States. The Federal Circuit affirmed the lower court’s ruling that Westlake did not infringe a patent related to a method for producing adhesive resins
  • W&T Offshore, Inc. in the Fifth Circuit by obtaining reversal of a district court’s dismissal of $50 million in claims brought by W&T Offshore against its excess insurers over damages to drilling platforms arising out of Hurricane Ike

Global Recognition for Excellence

Placeholder, remove this block and add a new Text Block for content.

Their leadership and commitment to client service is what makes them stand out. They work hard to understand not only the market and the business, but also their client’s place in the industry.

– Chambers USA, 2019

IMAGE: Hands with iPad

Market-Leading Engagements Throughout the World

Placeholder, remove this block and add a new Text Block for content.