Supreme Court of the United States
Osborn v. Haley
, 549 U.S. 225 (2007),
drafted the successful petition for certiorari and argued for the petitioner
in a dispute involving a procedural component of the Federal Tort Claims
Act. Hicks Thomas continues to file petitions for certiorari in the High Court.
Texas Supreme Court
R.R. Street & Co. Inc. v. Pilgrim Enterprises, Inc.
, 166 S.W.3d 232 (Tex. 2005), a "case of first impression" under
the Texas Solid Waste Disposal Act, Hicks Thomas won a unanimous reversal
of an unfavorable intermediate appellate decision.
King Ranch, Inc. v. Chapman, 118 S.W.3d 742 (Tex. 2003), Hicks Thomas founder
John Thomas served as co-lead counsel in obtaining a unanimous reversal of an intermediate
appellate decision that would have unsettled title to the storied King
Ranch in South Texas. In reporting on the decision,
Texas Lawyer quoted Thomas first: "What this opinion says is that you can't
get a do-over after 120 years."
California Supreme Court
Bighorn-Desert View Water Agency v. Verjil
, 39 Cal. 4th 205, 138 P.3d 220 (2006),
drafted two successful petitions for review and argued for the petitioner,
eventually winning a unanimous decision establishing the right of ratepayers
to lower (by means of voter initiative) the utility rates charged by public
Other Federal Appellate Courts
Hicks Thomas is a regular player in the federal appellate courts, particularly
in the U.S. Court of Appeals for the Ninth Circuit. Most recently, the
firm won two related decisions establishing that equipment manufacturers
are generally not liable under CERCLA or RCRA or for nuisance or trespass
for environmental contamination resulting from equipment purchasers'
disposal of hazardous waste.
See Team Enterprises, LLC v. Western Investment Real Estate Trust
, 647 F.3d 901 (9th Cir. 2011);
Hinds Investments, L.P. v. Angioli
, 654 F.3d 846 (9th Cir. 2011).
Other State Appellate Courts
Hicks Thomas is likewise a regular player in state appellate courts, having
argued in the Texas Court of Appeals, the California Court of Appeal,
and the Florida Supreme Court. Most recently, as reported in
Texas Lawyer, Hicks Thomas partner
Gregg Laswell won a decision overturning most of a summary judgment against the firm's
client in a mineral-related dispute worth more than $100 million.
See Allen v. Devon Energy Holdings, L.L.C.,
367 S.W.3d 355 (Tex. App.–Houston [1st Dist.] 2012, pet. granted,
judgm't vacated w.r.m.).