Supreme Court of the United States
In Osborn v. Haley , 549 U.S. 225 (2007), Eric Grant 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
In 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.
In 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
In Bighorn-Desert View Water Agency v. Verjil , 39 Cal. 4th 205, 138 P.3d 220 (2006), Eric Grant 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 agencies.
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.).
