Appellate Attorneys Offering Nationwide Legal Services

At Hicks Thomas LLP, our appellate attorneys are a critical part of our practice. In the chaos of trial, they stay focused on identifying and preserving key issues and evidence that can make-or-break a case on appeal. They are skilled at strategically selecting the strongest points to challenge when appealing a verdict, and they know how to present the record below in a compelling fashion to defend a successful verdict at trial. Our appellate attorneys are experts at distilling complex technical topics or thorny legal doctrines into concise and compelling briefs that resonate with the state and federal judiciary.

Not all appeals happen at the end of the case. In addition to final judgments, our appellate attorneys have experience handling interlocutory appeals, which often involve urgent and high-stakes issues, such as preliminary injunctions, class certification, or privilege and immunity issues.

Our appellate team also provides crucial support at the trial level. Summary judgment and other dispositive motions can resolve a case without the need for trial. Our team drafts and argues motions that leverage the strongest legal arguments to either win a case outright or limit the issues going to trial. They collaborate with trial counsel to draft precise and persuasive jury instructions, or to make the proper objections when necessary. Our appellate team is a key part of our trial team and ensure that we make the necessary objections, motions, and arguments to preserve key issues for review on appeal and protect our clients’ interests.

Our appellate work includes:

Supreme Court of Texas

  • Windrum v. Kareh, 581 S.W.3d 761 (Tex. 2019). Obtained reversal of a court of appeals ruling that overturned 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.

Federal Courts of Appeals

  • 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.

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

  • 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.