In the News

Lynne Liberato: A Lawyer Behaving Well

Lynne Liberato is the first female lawyer to be awarded the Houston Bar Association Auxiliary's Leon Jaworski Award, honoring outstanding volunteer service to the greater Houston community. >>

Texas Supreme Court Throws Out Multi-Million Dollar Jury Verdict Against Haynes and Boone Client Whirlpool

AUSTIN – The Texas Supreme Court has reversed a jury verdict awarding $14 million for a fatal fire after finding as scientifically unreliable an expert’s testimony the blaze was caused by a clothes dryer manufactured by Whirlpool Corp. Haynes and Boone, LLP represented the company on appeal. >>

Haynes and Boone’s Lynne Liberato First Woman to Win Leon Jaworski Award

Haynes and Boone, LLP Partner Lynne Liberato has been named the 2010 recipient of the Houston Bar Association Auxiliary’s annual Leon Jaworski Award, which recognizes her outstanding commitment to community service. She is the first female recipient in the award's 23-year history.

The Leon Jaworski Award, named for the famed Watergate special prosecutor, was created to publicly recognize attorneys who donate their time to community improvement. Ms. Liberato was selected for nearly three decades of community involvement. >>

Law360 Q&A with Haynes and Boone's Lynne Liberato

On September 17, 2009, Law360 conducted a Q&A with Haynes and Boone Partner Lynne Liberato. >>

Chambers USA Recognizes Haynes and Boone Lawyers, Practices

Chambers USA: America’s Leading Lawyers for Business 2009 has singled out 36 Haynes and Boone, LLP lawyers in 16 practices for recognition in its annual law firm rankings. The firm was also honored for having 13 separate areas of practice that lead at the state and national levels. >>



Lynne Liberato

Partner

Houston


1 Houston Center
1221 McKinney, 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

Judicial Clerkships

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

Lynne Liberato has argued jurisdictional issues to 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, who has led appellate teams in some of the most significant appeals in Texas, includes among her proudest achievements her selection as “Volunteer of the Year” for the United Way of Greater Houston and her election as president of the State Bar of Texas.

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.

As part of her practice, which centers on legal advocacy before trial and appellate judges, Ms. Liberato: 

  • Appears regularly before the Texas Supreme Court in cases involving multi-million dollar verdicts, cases of first impression and cases with broad implications for Texas jurisprudence;

  • Handles appeals before the 5th Circuit Court of Appeals in commercial, real estate, civil rights and governmental immunity cases, among others;

  • Appears before trial judges to argue legal matters, such as summary judgments, motions to dismiss, challenges to jurisdiction, privilege disputes and expert witness challenges;

  • Collaborates with trial teams on strategy, briefing, advocacy and preservation of error;

  • Coordinates efforts to consolidate multi-district litigation;

  • Leads appellate teams challenging multi-million dollar judgments on behalf of clients such as Volkswagen, Whirlpool, El Paso Corp., and the City of Houston.

Professional Recognition

  • Recognized by Chambers USA 2009 as one of the leading practitioners in the United States for Appellate

  • 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), 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), presented 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 (2003-2009)

  • Top Notch Appellate Lawyer, Texas Lawyer (2002 and 2007 - the only 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 Law and Commercial Litigation (Woodward/White, Inc., 2005-2010)

  • 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)

  • Chair, Appellate Section, State Bar of Texas (1997-1998)

  • Chair of the Board, United Way of Greater Houston (2005-2007); Board of Trustees and Executive Committee (2003-present); Chair, THRIVE Committee (2008-present); Chair, Hurricane Ike Task Force (2008); Chair, Community Goal Task Force; Chair, Hurricane Katrina/Rita Task Force; Chair/Founder, Law Firm Initiative (2003-2007); Alexis de Tocqueville Society (2001-present)

  • Executive Committee, Greater Houston Partnership (2006-present); Board of Directors (2005-present); Chair, Houston's Greatest Awards (2007, 2008); Co-Chair, Government Relations Committee (2006); Chair, Local Relations Committee (2004-2005); Planning & Budget Committee (2006)

  • Executive Committee, South Texas College of Law Board of Directors (2005-2007); Trustee (2005-2007)

  • Co-Author, Texas Practice Guide (West 1999 and Supp. 2006)

  • 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


Whirlpool v. Camacho, 298 S.W.3d 361 (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.

United States of America v. WTH
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 The Hartford 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. The 5th Circuit has stayed any retrial pending determination of our appeal from the denial of a double jeopardy motion.

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.

Midland Cent. Appraisal Dist. v. BP America Production Co., 282 S.W.3d 215 (Tex. App.-Eastland 2009, pet. filed)
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.

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 provision case involving simultaneous proceedings in Texas and California, defended against a mandamus petition 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.

Online Publications

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