Appellate Litigation

Appellate Lawyers in Texas and California

Nationwide Legal Services from Experienced Appellate Attorneys

Appeals have become an integral part of modern litigation. Not only can the final ruling in a case be appealed to a higher court, but so can an increasing number rulings made during the course of a lawsuit.

A victory in the trial court can turn into a loss on appeal, and vice versa, which is why it is critical to be able to anticipate, prepare for, and successfully litigate on appeal.

At Hicks Thomas LLP, our appellate lawyers are highly skilled at identifying and evaluating the key issues in a case and persuading appellate courts to rule in their favor.

We regularly advise clients on trial and appellate strategy in sophisticated and high-stakes litigation, and we regularly brief and argue cases in state and federal courts of appeals.

Whether working together with our own trial lawyers or in collaboration with other firms and attorneys, our advocates have a proven track record of success on appeal.

Just a few of our precedent-setting victories on appeal include:

Notable Victories in the Supreme Court of Texas

Windrum v. Kareh, 581 S.W.3d 761 (Tex. 2019). Obtained reversal of a court of appeals ruling that reversed a multi-million dollar jury verdict for our client in a wrongful death action.
In re City of Dickinson, 568 S.W.3d 642 (Tex. 2019). Successfully defended a court of appeals ruling that our client’s confidential communications with an employee-expert were privileged.
R.R. Street & Co., Inc. v. Pilgrim Enterprises, Inc., 166 S.W.3d 232 (Tex. 2005). Obtained the reversal of a judgment against our client for alleged environmental contamination.
King Ranch, Inc. v. Chapman, 118 S.W.3d 742 (Tex. 2003). Obtained the reversal of a court of appeals ruling that had reinstated a challenge to long-settled real property rights.

Successful Appeals in Federal Courts

BP Exploration Libya Ltd. v. ExxonMobil Libya Ltd., 689 F.3d 481 (5th Cir. 2012). Obtained the reversal of a court order appointing arbitrators in a manner that was prejudicial to our client and contrary to the parties’ agreement.
Hinds Investments, L.P. v. Angioli, 654 F.3d 846 (9th Cir. 2011). Successfully defended the dismissal of an environmental contamination lawsuit against our client.
R.R. Street & Co. Inc. v. Vulcan Materials Co., 569 F.3d 711 (7th Cir. 2009). Obtained reversal of an order dismissing our client’s claims for indemnity against a chemical manufacturer in toxic tort litigation.

Victories in State Courts of Appeals

MJR Oil & Gas 2001 LLC v. AriesOne, LP, 558 S.W.3d 692 (Tex. App.—Texarkana 2018, no pet.). Obtained reversal of a summary judgment against our client in an action to enforce a right of first refusal in oil and gas leases.
TWIA v. Dickinson ISD, 561 S.W.3d 263 (Tex. App.—Houston [14th Dist.] 2018, pet. denied). Obtained reversal of a final judgment against our client in a jury trial for breach of an insurance policy.
Reed v. Gallagher, 248 Cal. App. 4th 841 (2016). Successfully defended a judgment dismissing a defamation case against our client with an award of fees pursuant to the California Anti-SLAPP statute.
Allen v. Devon Energy Holdings, L.L.C., 367 S.W.3d 355 (Tex. App.—Houston [1st Dist.] 2012, judgm’t vacated by agr.). Obtained reversal of a summary judgment against our client in a multi-million dollar securities fraud action.

Mandamus and Interlocutory Appeals: Key Successes

Madison Dev. Grp. LLC v. Mattress Firm, Inc., --- S.W.3d ---, 2020 WL 4516991 (Tex. App.—Houston [1st Dist.] Aug. 6, 2020, no pet. h.). Successfully defended trial court’s denial of an opponent’s challenge to personal jurisdiction.
In re Pinnacle Engineering, Inc., 405 S.W.3d 835 (Tex. App.–Houston [1st Dist.] 2013, orig. proceeding). Successfully mandamused an order compelling the production of an email server without imposing the required procedural and substantive protections.
In re Motor Trike, Inc., 347 S.W.3d 806 (Tex. App.—Corpus Christi 2011, orig. proceeding). Successfully mandamused an order refusing to enter judgment in accordance with a favorable jury verdict.
In re Helix Energy Solutions Group, Inc., 303 S.W.3d 386 (Tex. App.—Houston [14th Dist.] 2010, orig. proceeding). Successfully mandamused a trial court’s refusal to compel arbitration.
In re Lesikar, 285 S.W.3d 577 (Tex. App.—Houston [14th Dist.] 2009, orig. proceeding). Successfully mandamused an order striking our client’s demand for a jury trial.