In the News

Haynes and Boone in Law360: Bid Dropped for Injunction on Houston Gay Worker Benefits

Former Harris County Republican Party Chairman Jared Woodfill, who filed suit in Texas state court against the city of Houston over an ordinance that extends benefits to same-sex spouses of city employees, withdrew his request for a temporary injunction Friday. >>

Lynne Liberato in Law360: Texas Cases to Watch in 2014

Cases that could create unprecedented liability for energy companies, redefine the enforceability of covenants not to compete and arbitration agreements, and change how public construction deals are structured are at the top of the preferred viewing list for Texas attorneys in 2014. >>

Lynne Liberato in e-Perspectives: Collaborative Program Finds Financial Pathways for Houston Families

Over the past five years, many Houston families have made strides toward attaining financial stability through a community effort launched and led by the United Way of Greater Houston. >>

Haynes and Boone in Mealey's Litigation Report - Class Actions: Judge Refuses to Certify Class After Finding Expert's Analyses Unreliable

A federal judge in Texas on Sept. 30 refused to certify a class for property owners near a refinery formerly owned by BP Products North America Inc., after finding that a real estate trend analysis and regression model analysis conducted by their expert were unreliable and could not be used to establish causation and damages. >>



Recent Publications

Lynne Liberato in the Houston Chronicle: United Way Initiative Helping Families Thrive Financially

Despite Houston's healthy economy, too many hardworking families here live on the fragile financial edge, where a broken water heater or bad case of the flu can spell economic disaster. One in three families lives on an annual income of $40,000 or less; while $47,000 annually is considered the minimum needed to cover basic expenses for a family of four. >>



Lynne Liberato

Partner

Houston


1221 McKinney Street
Suite 2100
Houston, Texas 77010
T +1 713.547.2017
F +1 713.236.5538

Areas of Practice

Education

  • J.D., South Texas College of Law, 1980, Alumna of the Year, 1992
  • M.A., Texas A&M University - Commerce, 1978, Distinguished Alumna Citation, 2002
  • B.S., Sam Houston State University, 1974, Distinguished Alumna Award, 1996

Bar Admissions

  • Texas

Court Admissions

  • United States Supreme Court
  • U.S. Court of Appeals for the Fifth Circuit
  • U.S. Court of Appeals for the Eleventh Circuit
  • U.S. District Court for the Southern District of Texas
  • U.S. District Court for the Eastern District of Texas

Judicial Clerkships

Chief Staff Attorney, First Court of Appeals [Houston] 1981-90
Lynne Liberato

Lynne Liberato has argued before the United States Supreme Court, met with the president in the Oval Office regarding judicial appointments, and lobbied Congress for funding of legal services for the poor. Whether before the highest levels of the three branches of government or at home in Houston, she dedicates herself to her clients, her profession, and her community.

Ms. Liberato has led teams in some of the most significant appeals and trials in Texas. Most recently, she handled pivotal legal issues for a major oil company in federal district court, represented a pipeline in one of the most significant energy cases before the Texas Supreme Court, and obtained a reversal of a $25.5 million judgment in the 5th Circuit.

She includes among her proudest achievements her selection as "Volunteer of the Year" for the United Way of Greater Houston, winning the Karen H. Susman ADL Jurisprudence Award, her election as president of the State Bar of Texas, and her selection as a participant in the 59th Annual Security Forum of the Air Force War College.

A prolific speaker and legal writer, she co-authored "Summary Judgments in Texas," often called the "bible" of summary judgments. Versions of this article have appeared in five law reviews since 1989, and it has been recognized as one of the 10 most-cited articles by appellate courts nationwide. She also is a member of the board of directors for the law firm.

Professional Recognition

  • Recognized by Chambers USA 2009-2014 as one of the leading practitioners in the United States for Appellate
  • Karen H. Susman Jurisprudence Award (2013), given by the Anti-Defamation League to honor a lawyer who exhibits an exceptional commitment to equality, justice, fairness and community service
  • Civilian participant, 59th Annual National Security Forum, Air Force War College (2012)
  • JA Hall of Achievement Laureate (2012), Junior Achievement of Southeast Texas
  • Leon Jaworski Award (2010), first woman to win community service award named for the famed Watergate special prosecutor
  • Robert Kneebone Award for Volunteer of the Year (2008) and Woman of the Year (2004), United Way of Greater Houston
  • Award for Outstanding Law Review Article (two-time winner) for "Summary Judgments in Texas" (2007) and for "Reasons for Reversal in Texas Courts of Appeals" (2004), awarded by the Texas Bar Foundation
  • Exemplary Article Award, Texas Center for the Judiciary (2005-2006) ("for contribution to judicial excellence")
  • Gene Cavin Award, State Bar of Texas (2006) (highest award for excellence in continuing legal education)
  • Top 100 Texas Super Lawyer, Top 50 Female Lawyer, Top 100 Houston Super Lawyer, and Appellate Super Lawyer, Texas Monthly magazine (2003-2014)
  • Top Notch Appellate Lawyer, Texas Lawyer (2002 and 2007 - two of the three years the recognition was given) (recognized as one of the top five appellate lawyers in Texas)
  • Named one of the Best Lawyers in America for Appellate Practice and Commercial Litigation, 2005-2015, Litigation - Intellectual Property, 2012-2015 
  • Martindale Hubbell® Law Directory with a Peer Review Rating of AV® Preeminent™
  • Member, American Law Institute
  • Board Certified in Civil Appellate Law, Texas Board of Legal Specialization

Professional Leadership

  • President, State Bar of Texas (2000-2001)
  • President, Houston Bar Association (1993-1994) (first woman)
  • President, Texas Supreme Court Historical Society (2011-2012)
  • Chair, Appellate Section, State Bar of Texas (1997-1998)
  • Community Campaign Chair (first lawyer) (2013-2014), United Way of Greater Houston; Chair of the Board (2005-2007); Board of Trustees (2003-2011, 2012-present); Chair, THRIVE Committee (2008-present); Alexis de Tocqueville Society (2001-present); Formerly Chair, Hurricane Ike Task Force; Chair, Community Goal Task Force; Chair, Hurricane Katrina/Rita Task Force; Chair/Founder, Law Firm Initiative
  • Member, Board of Directors of the Greater Houston Partnership (2005-2010, 2012-2015)
  • Executive Committee, South Texas College of Law Board of Directors (2005-2007); Trustee (2005-2007)
  • Co-Author, Texas Practice Guide (West 1999 and Supp. 2011)
  • Volunteer, Houston Bar Veterans Administration Clinic and Houston Volunteer Lawyers Program
  • Board of Directors, United States Naval Academy Parents' Club of the Texas Gulf Coast (2005-2007)

Selected Representative Experience


In re Woodfill, No. 14-648-CV (Tex. App. -- Houston [14th Dist.] 2014)
Defeated a petition for writ of mandamus in the Houston court of appeals that sought to rescind the Houston Equal Rights Ordinance.

McBride v. Estis Well Service, L.L.C., No. 12-30714 (5th Cir. 2013, 2014)
Submitted amicus curiae briefs on behalf of the Offshore Marine Service Association, the International Association of Drilling Contractors and the American Waterways Operators in support of petition for rehearing en banc regarding availability of punitive damages for claims of unseaworthiness brought by Jones Act seamen and, upon the granting of the petition for rehearing en banc.

Greater Houston Partnership v. Abbott, No. 13-0745 (Tex. 2014, pet. filed)
Represent Greater Houston's chamber of commerce before the Texas Supreme Court in a challenge concerning the release of records under the Texas Public Information Act (TPIA). The court has ordered full briefing on the merits.

Class Action Against Major Refiner (S. Dist. Tex. 2013)
Defeated class certification in lawsuit alleging that owners' property values were diminished by alleged emissions from a refinery and seeking $10 billion in damages.

Belehu v. Lawniczak, No. 14-13-00619-CV (Tex. App.—Houston [14th Dist.] 2013, appeal pending)
Obtained a permissive appeal from a denial of a summary judgment concerning interpretation of liability under the Texas Tort Claims Act as applied to a driver for an independent contractor for a transit authority.

TimeGate Studios, Inc. v. SouthPeak Interactive, LLC, 860 F. Supp. 2d 350 (S.D. Tex. 2012)
Persuaded a federal district court to vacate a more than $9 million arbitration award entered against a video game developer under the Federal Arbitration Act because the award violated the essence of the publishing agreement that was the subject of the parties' dispute.

Texas Rice Land Partners, Ltd. v. Denbury Green Pipeline-Texas, LLC, 363 S.W.3d 192 (Tex. 2012)
Represented carbon dioxide pipeline in the Texas Supreme Court in eminent domain case that drew state and national attention for its pronouncements on the requirements for a pipeline to become a common carrier.

LHC Nashua Partnership, LTD v. PDNED Sagamore Nashua, LLC, 659 F.3d 450 (5th Cir. 2011)
Won reversal of a $25.5 million jury award in which the Fifth Circuit vacated the damages for alleged lost profits arising out of a contract concerning the transfer of rights to purchase shopping mall property.

Minnis v. Citrin Holdings, No. 2006-78939 (133rd Dist. Ct., Harris County, Tex.)
In a real estate partnership dispute, assisted plaintiff's trial counsel with post-trial briefing and formation of judgment issues in connection with the entry of $54.6 million judgment in favor of our client.

Midland Cent. Appraisal Dist. v. BP America Production Co., 282 S.W.3d 215 (Tex. App.-Eastland 2009, pet. denied), cert. denied, 2011 U.S. LEXIS 3129 (Apr. 18, 2011)
In the leading case on taxability of crude oil, persuaded the court to construe the Commerce Clause of the U.S. Constitution to hold that oil moving through a tank farm remains in interstate commerce and therefore is not subject to ad valorem taxation. This appellate decision controls the outcome in numerous pending cases in which an appraisal district seeks to tax oil in transit through a pipeline system.

Homolka v. Clark, 416 Fed. App'x 408 (5th Cir. 2011)
Persuaded the Fifth Circuit to affirm a take-nothing summary judgment that defeated multi-million dollar claims for breach of fiduciary duty and breach of contract based on allegations of a joint venture between the parties.

Insurance Fraud Appeal (Tex. App.-Houston [1st Dist.] 2011)
In the wake of a massive scam involving the sale of counterfeit insurance policies, represented to resolution an insurance company in an appeal from a summary judgment on RICO claims and a jury verdict on fraud, the Lanham Act, and the Texas Insurance Code.

United States of America v. Hoeffner, No. 4:07-cr-00263 (S.D.-Houston Div. 2010)
Following a 15-count indictment charging him with conspiracy, mail fraud, wire fraud and money laundering, we represented a prominent lawyer, who had recovered millions of dollars for his clients in toxic tort lawsuits. The indictment alleged payment of bribes and kickbacks to two employees of an insurance company in connection with the settlements of these lawsuits. After a 6-week trial, the judge declared a mistrial when the jury was unable to reach a unanimous verdict. The case involved thousands of documents, more than 30 witnesses, and numerous complex motions.

H. v. C. (S.D. Tex.-Houston Div. 2010)
Won a take-nothing summary judgment to defeat a multi-million dollar claim alleging breach of fiduciary duty and breach of contract based on a claim that a joint venture existed between the parties.

Whirlpool v. Camacho, 298 S.W.3d 631 (Tex. 2009)
Obtained reversal from the Texas Supreme Court of a $14 million products liability judgment arising out of a fire because the plaintiffs’ expert’s causation testimony was scientifically unreliable. The Court held that both Texas tests for reliability – the “analytical gap” test and the Robinson-factor test – typically should be used in evaluating expert testimony, and that an expert must offer a convincing explanation for failing to test critical aspects of his theories when such testing is possible.

In re Union Pacific Railroad Co., 294 S.W.3d 589 (Tex. 2009)
In a mandamus proceeding, persuaded the Texas Supreme Court to require a trial court to vacate its order compelling a railroad to produce trade secret information, including its formulas for setting shipping rates.

Ibarra v. Baker, No. 08-20220, 338 Fed. App'x 457, 2009 WL 2244659 (5th Cir. July 28, 2009)
Persuaded the Fifth Circuit to vacate a district court's findings that two attorneys engaged in misconduct by giving or abiding false testimony.

Navasota Resources, L.P. v. First Source Texas, Inc., 249 S.W.3d 526 (Tex. App.-Waco 2008, pet. denied)
On behalf of an oil and gas exploration company, obtained reversal of an adverse trial court ruling and rendition of an appellate judgment enforcing a preferential right to purchase oil and gas leasehold interests.

Williams v. Williams, 246 S.W.3d 207 (Tex. App. - Houston [14th Dist.] 2007, no pet.)
Successfully appealed a judgment dividing a marital estate by persuading the court of appeals that the trial court misinterpreted the parties’ premarital agreement.

In re Harris County, Texas, No. 05-20404, 240 Fed. Appx. 644 (5th Cir. June 28, 2007)
Persuaded the Fifth Circuit to grant mandamus relief and vacate an order that disqualified the Harris County Attorney’s office from representing Harris County and its law enforcement officers in a civil rights case.

Abraham v. Union Pacific Railroad Co., 233 S.W.3d 13 (Tex. App. - Houston [14th Dist.] 2007, pet. denied)
Successfully defended on appeal a take-nothing summary judgment in favor of a railroad based on the inadmissibility of expert testimony, in a case brought under the Federal Employers Liability Act by approximately 300 claimants.

7979 Airport Garage, L.L.C. v. Dollar Rent A Car Systems, Inc., 245 S.W.3d 488 (Tex. App. - Houston [14th Dist.] 2007, pet. denied)
Assisted trial counsel with the jury charge, legal briefing, and issues relating to judgment formation in a commercial real estate dispute involving successful contract and warranty claims and the defense of fraud and estoppel counterclaims, and litigated at trial and on appeal issues relating to the segregation and recoverability of attorneys’ fees.

In re SCS, No. 06-0129 (Tex.); In re Marriage of DIS and SCS, No 2005-45073 (310th Dist. Ct., Harris County)
In a divorce case involving simultaneous proceedings in Texas and California, defended against a mandamus petition in the Texas Supreme Court challenging a choice of forum under the Uniform Interstate Family Support Act, and provided pre-trial analysis and briefing on legal issues and strategies in both the Texas and California trial courts, resulting in a favorable settlement shortly before trial.

Jones v. Brass, No. 99-01743 (113th Dist. Ct., Harris County, Tex.)
Obtained reinstatement of the plaintiff’s claims following an adverse summary judgment, won summary judgment for the plaintiff dismissing one defendant’s counterclaims, successfully defeated an interlocutory appeal by two out-of-state defendants of the trial court’s denial of their special appearance, and ultimately achieved a very favorable settlement for the plaintiff in a breach of a commercial contract, fraudulent transfer and conspiracy case.

Pintail Production Co. v. Osprey Petroleum Co., Nos. 13-06-069-CV, 13-06-151-CV, 2006 WL 1030150 (Tex. App. - Corpus Christi Apr. 20, 2006, no pet.) (mem. op.)
In an oil and gas dispute, obtained dismissal of an accelerated appeal and a related petition for writs of injunction and mandamus.

Jim Wells County v. El Paso Production Oil & Gas Co., 189 S.W.3d 861 (Tex. App. - Houston [1st Dist.] 2006, pet. denied)
Persuaded the Texas Supreme Court to transfer 19 appeals pending in two courts of appeals to a third court of appeals, and successfully defended the trial court’s dismissal of 19 ad valorem taxing suits alleging fraud and negligent misrepresentation against scores of oil companies, where the taxing units filed the suits in district court in an attempt to circumvent the Tax Code administrative process and without exhausting their administrative remedies.

Harvest House Publishers v. The Local Church, 190 S.W.3d 204 (Tex. App. - Houston [1st Dist.] 2006, pet. denied)
In an interlocutory appeal following the trial court’s denial of summary judgment, obtained rendition of a take-nothing judgment for a media defendant in a defamation case.

BMG Direct Marketing, Inc. v. Peake, 178 S.W.3d 763 (Tex. 2005)
Won reversal of an order that certified a class of hundreds of thousands of Texas-based music club members who sought recovery of late fees paid on their compact disc purchases.

Trigeant Holdings, Ltd. v. Jones, 183 S.W.3d 717 (Tex. App. - Houston [1st Dist.] 2005, pet. denied)
Successfully defended two out-of-state entities’ interlocutory appeal of the denial of their special appearances by persuading the court of appeals that the entities committed acts in Texas for which they were potentially liable under the Uniform Fraudulent Transfer Act.

Schott Glas v. Adame, 178 S.W.3d 307 (Tex. App. - Houston [14th Dist.] 2005, pet. denied)
Obtained reversal of an order denying a special appearance resulting in the dismissal of an action brought by thousands of plaintiffs against a major German manufacturer.

Texas First National Bank v. Ng, 167 S.W.3d 842 (Tex. App. - Houston [14th Dist.] 2005, pet. granted, judgment vacated w.r.m.)
Successfully appealed a partially adverse judgment and defeated a cross-appeal after a jury trial in a breach of fiduciary duty case.

Texas First National Bank v. Wu, 347 F. Supp. 2d 389 (S.D. Tex. 2004)
Obtained remand from federal district court to state court in a case involving a dispute by bank officers over control of the bank.

Tribble & Stephens Co. v. RGM Constructors, LP, 154 S.W.3d 639 (Tex. App. - Houston [14th Dist.] 2004, pet. denied)
Obtained reversal of a summary judgment in dispute over interpretation of a construction contract.

Laredo Medical Group Corp. v. Mireles, 155 S.W.3d 417 (Tex. App. - San Antonio 2004, pet. denied)
Obtained reversal of a $1.5 million judgment in a wrongful termination case against a hospital, based on an error in the jury charge.

Volkswagen of America v. Ramirez, 159 S.W.3d 897 (Tex. 2004)
In a products liability case, obtained reversal of a nearly $20 million judgment and rendition of a judgment that the plaintiffs take nothing, by persuading the Texas Supreme Court that the testimony of the plaintiffs’ expert witness concerning the cause of an automobile accident was scientifically unreliable.

Moni Pulo Ltd. v. Trutec Oil & Gas, Inc., 130 S.W.3d 170 (Tex. App. - Houston [14th Dist.] 2003, pet. denied)
Won reversal of an order denying a special appearance, resulting in dismissal of a suit that sought more than $100 million in contract damages against an oil company. This complex case involved a dispute over title to an oil field off the coast of Nigeria, with two separate parallel proceedings in the trial and appellate courts of Nigeria, and another in the International Court of Justice at the Hague.

N.P., Inc. v. Turboff, 111 S.W.3d 40 (Tex. 2003)
Obtained a unanimous reversal in the Texas Supreme Court of a judgment that denied a property owner recovery of a municipal utility district reimbursement valued at more than $2 million.

Frias v. Atlantic Richfield Co., 104 S.W.3d 925 (Tex. App. - Houston [14th Dist.] 2003, no pet.)
In an appeal in which the key issue was the reliability of an expert's testimony, successfully defended a no-evidence summary judgment against an employee of a petrochemical refinery.

Reversal of Class Certification Order Against Major National Retailer
Won reversal of a class certification order that certified a class of 350,000 employees against major national retailer.

Montgomery v. O’Quinn, No. 99-47502, (189th Dist. Ct., Harris County, Tex.)
In a breach of contract suit seeking $120 million in damages against an attorney and law firm, assisted trial counsel in formulating trial strategy, took responsibility for all law matters, filed and argued numerous pre-trial motions (including summary judgment motions, motions concerning privilege, and other discovery matters), and prepared the jury charge.

Piotrowski v. City of Houston, 237 F.3d 567 (5th Cir. 2001)
In a case that defined the limits of state-created danger as a basis for liability, won reversal of a $26 million judgment and rendition of a take-nothing judgment in favor of the City of Houston.

El Paso Natural Gas Co. v. Minco Oil & Gas, Inc., 8 S.W.3d 309 (Tex. 1999)
In an appeal of a multi-million dollar award in an oil and gas case, won reversal and rendition of a take-nothing judgment by persuading the Texas Supreme Court to hold that Texas law does not recognize a duty of good faith under Article Two of the Uniform Commercial Code.

Ensley v. Cody Resources, Inc., 171 F.3d 315 (5th Cir. 1999)
In a dispute involving a business acquisition and stock distribution, successfully defended an appellate challenge to a judgment in favor of a broker and consultant for petroleum-related businesses.

In the Interest of O.G.M., a Child, 988 S.W.2d 473 (Tex. App. - Houston [1st Dist.] 1999, pet. dism’d)
Prosecuted an appeal in the first Texas case to address parental rights involving a child conceived through in vitro fertilization; persuaded the Texas Supreme Court to hear the case and presented argument, after which the parties reached a settlement.

General Tire, Inc. v. Kepple, 970 S.W.2d 520 (Tex. 1998)
Prevented disclosure of trade secrets in the case in which the Texas Supreme Court established the procedural rules for sealing court records.

Bank One, Texas, N.A. v. Stewart, 967 S.W.2d 419 (Tex. App. - Houston [14th Dist.] 1998, pet. denied)
Obtained reversal and rendition of a take nothing judgment in a $20 million case concerning the financing of a land acquisition.

Williams v. WMX Technologies, Inc. 112 F.3d 175 (5th Cir. 1997)
Won a reversal through a permissive appeal to the Fifth Circuit, resulting in the dismissal of all claims in a fraud, securities fraud, and RICO case.

Exxon Corp. v. Lloyds of London, No. 93-40252, (189th Dist. Ct., Harris County, Tex.)
Acted as counsel in charge of legal proceedings (including summary judgments, privilege disputes, removal and remand, and the jury charge) for Exxon Corporation in its suit against Lloyds of London for failure to provide insurance coverage for the grounding of the Valdez; the trial resulted in a judgment for $420 million.

Universal Services Co., v. Ung, 904 S.W.2d 638 (Tex. 1995)
In a construction accident case persuaded the Texas Supreme Court to reverse a multi-million dollar judgment and render a take-nothing judgment in favor of an international engineering company.

State Bar of Texas v. Gomez, 891 S.W.2d 243 (Tex. 1994)
On behalf of the State Bar of Texas, won an appeal in the Texas Supreme Court in a case concerning mandatory pro bono for lawyers.

Boyles v. Kerr, 855 S.W.2d 593 (Tex. 1993)
In a case that established Texas law curtailing negligent infliction of emotional distress claims, won reversal by the Texas Supreme Court of a judgment for damages under a homeowner's policy.

Granite State Insurance Co. v. Tandy Corp., 507 U.S. 1026 (1993)
Represented a major corporation in the United States Supreme Court in a coverage matter involving a conflict between state and federal jurisdiction; the case settled favorably to the corporation following oral argument and was dismissed.

Sakowitz v. Gregory, No. 4:92-CV-01406 (S.D. Tex. 1993)
Successfully challenged a state probate court’s order improperly granting a new trial against a prominent individual; creative legal analysis enabled the client to prevail in civil rights proceedings brought in federal court to challenge the wrongful state court action.

Granada Corp. v. Honorable First Court of Appeals, 844 S.W.2d 223 (Tex. 1992)
Obtained a unanimous opinion from the Texas Supreme Court granting mandamus relief, in a case that established Texas law on the inadvertent production of documents and the crime-fraud exception to the attorney-client privilege.

United States ex rel. Abbott v. BP P.L.C., BP America, Inc., BP Exploration and Production, Inc.
Representation of BP in United States ex rel. Abbott v. BP P.L.C., BP America, Inc., BP Exploration and Production, Inc. (S.D. Tex.), a False Claims Act qui tam suit involving allegations of false certifications of compliance with regulations governing defendants’ offshore oil and gas leases in the Gulf of Mexico.

Online Publications

03/26/2014 - Lynne Liberato in the Houston Chronicle: United Way Initiative Helping Families Thrive Financially
Despite Houston's healthy economy, too many hardworking families here live on the fragile financial edge, where a broken water heater or bad case of the flu can spell economic disaster. One in three families lives on an annual income of $40,000 or less; while $47,000 annually is considered the minimum needed to cover basic expenses for a family of four.

03/19/2014 - How to Seek Permissive Interlocutory Appeals in State Court
The state system for obtaining permissive interlocutory appeals now closely resembles the procedure governing federal interlocutory appeals.

03/04/2014 - Predicting Litigation Trends in Oil & Gas
Webcast presented for the State Bar of Texas, March 4, 2014.

10/31/2013 - Law360 Guest Article: How to Support Atty Fee Claims in Texas
To support a claim for fees in Texas, an attorney should provide documentation or some other type of contemporaneous record of the work he performed, and, if the opposing party objects to the award, she had better challenge the evidence supporting the fee claim in the trial court.

06/01/2012 - Taking Stock
When I was president of the State Bar of Texas, I experienced how easy it is to get caught in the trap that threatens to ensnare the president of every volunteer organization.

04/13/2012 - Reasons for Reversal in the Texas Court of Appeals
As Sherlock Holmes reminds us, it is a mistake to theorize before one has data. Detectives know this. Scientists know this. Lawyers know this too, but even in the absence of data, they frequently are called upon to theorize about reasons for reversal in the Texas courts of appeals.

03/01/2012 - Telling History by Telling Stories
Of all the stories my grandfather told me, the one that stands out most concerned sharks. When I tell you the story, you will understand why.

12/01/2011 - On Making History
Both of my sons, who are in their twenties, guessed correctly that Leon Jaworski was a named partner of Fulbright & Jaworski.

08/01/2011 - On Making History
Like a lot of lawyers, I would have been a history major if I could have made a living from it.

05/19/2011 - Goods in the Stream: Texas Courts Limit Taxing Jurisdictions’ Ability to Tax Property in Transit
The United States and Texas Supreme Courts have declined to review the appeals of two Texas appraisal districts’ power to tax oil and natural gas in transit. In both cases, Texas courts of appeals held that oil and natural gas moving in the stream of interstate commerce are not subject to ad valorem taxation in Texas. These decisions solidify the law in Texas that property moving in transit is not taxable.

03/26/2010 - Summary Judgments in Texas: State and Federal Practice
This Article addresses the confluence of procedural changes that have shaped summary judgment practice. Judge David Hittner & Lynne Liberato, "Summary Judgments in Texas," 46 Hous. L. Rev. 1379 (2010).

02/01/2008 - Not Just for Toxic Tort Cases: Strategic Use of Multidistrict Litigation Consolidation

05/01/2006 - Summary Judgments in Family Law Cases
Although most family law cases are fact driven, summary judgment can be an effective way to partially or fully resolve some family law matters. This article offers guidance on when to move for summary judgment in a family law case. Texas Bar Journal, Vol. 69, No. 5, May 2006.

04/04/2006 - Summary Judgments in Texas

12/31/2005 - Judge David Hittner: All in the Family

10/01/2004 - Meet the Press: Guidelines for Handling Media Inquiries

10/01/2003 - Evaluating Appeals by the Numbers

09/05/2003 - Reasons for Reversal in the Texas Courts of Appeals

12/31/2002 - Summary Judgments in Texas

01/01/2002 - State Court Jurisdiction Expanded to Allow for Permissive Appeals

11/14/2001 - Motions for Summary Judgment

04/27/2001 - Practical Focus on Appellate Reality: Summary Judgment Proceedings