Hicks Thomas - Highest Courts

  • Estate of Howard R. Hughes, Jr. Mr. Lilienstern was counsel in various litigation matters relating to Estate of Howard R. Hughes, Jr., including lead counsel in three U.S. Supreme Court appeals, Cory v. White , 102 S. Ct. 2325 (1982); California v. Texas , 102 S. Ct. 2334 (1982); and United States v. Hughes Properties, Inc ., 106 S. Ct. 2092 (1986).
  • Grocers Supply, Inc. v. Powell. Counsel for product distributor. Obtained conditional writ of mandamus from Texas Court of Appeals directing trial court to hear company's claim.
  • King Ranch Inc. et al. v. William Warren Chapman, et al., In the Supreme Court of Texas. Selected as appellate counsel in the Supreme Court of Texas for major Texas energy producer regarding ownership to King Ranch. Successfully obtained Supreme Court ruling for client reversing lower of court's opinion.
  • New Process Steel Corp. v. Union Pacific Railroad Co ., In the United States Court of Appeals for the Fifth Circuit. Obtained dismissal of plaintiffs' state law causes of action against railroad arising from service interruptions.
  • R.R. Street & Co. Inc. v. Pligrim Enterprises, Inc., In the Supreme Court of Texas. Reversed an appellate court's ruling that R.R. Street, a dry cleaning equipment manufacturer, was an “arranger” as a matter of law under CERCLA and the Texas Solid Waste Disposal Act.
  • Tractebel Energy Marketing, Inc., et al. v. E.I. du Pont de Nemours and Co., In the 157th Judicial District Court of Harris County, Texas and on appeal to the Supreme Court of Texas. Appellate counsel for Tractebel in breach of contract case involving pollution emission reduction credits. On appeal, successfully obtained reversal of jury finding on “commercial impracticability,” resulting in a multi-million dollar award for client. Successfully defended appellate court ruling before the Supreme Court of Texas.
  • U.S. Liquids v. National Union Insurance, In the United States Court of Appeals for the Fifth Circuit. Defense counsel for waste management company in coverage dispute with insurer over claims in nationwide securities class action. Argued appeal of first impression regarding scope of pollution exclusion coverage.