Appellate

Described by Chambers USA 2020 as “a superbly talented appellate bench” and praised as “unquestionably as good as they get,” our Appellate Practice Group earned a Band 1 rating in 2020 in Chambers’ first-ever ranking of Texas appellate groups.

In addition to the Band 1 group rating, the Chambers USA 2020 directory ranked eight of our appellate litigators as leaders in Texas and ranked one, Nina Cortell, as the top-ranked appellate lawyer in the state. As one of the largest full-time teams of any national law firm, we have earned national recognition through decades of dedicated service to our clients and collaboration with trial lawyers. We’ve won precedent-making victories in bet-the-company appeals, and we’ve earned the respect of judges across the country along the way.

What we bring to the table before judgment is entered is often as important as what we do afterwards. Clients appreciate our collaborative, laser-focused approach to shaping litigation strategy, preserving error, prosecuting and defending expert witness challenges, crafting and arguing the jury charge, and preparing all manner of legal briefing before, during and after trial. After a judgment is entered, we use cutting-edge empirical studies we conceived and conducted to evaluate the likely outcome of the appeal and guide our appellate strategy.

Most of our appellate lawyers have clerked for federal or state court judges (or both), and four are members of the prestigious American Law Institute. Our lawyers have chaired national and state appellate law bar groups, including the American Bar Association’s Council of Appellate Lawyers and the State Bar of Texas Appellate Section, and one is a former president of the State Bar of Texas. Three of our lawyers have been selected by the Texas Bar Foundation as winners of the Gregory S. Coleman Outstanding Appellate Lawyer Award (in 2015, 2016, and 2019). We also are regularly invited by the federal and state judiciaries to speak at judicial conferences as the lawyers chosen to help judges stay informed about complex, cutting-edge areas of law.

We’re proud to gain many clients through the recommendations of lawyers at other firms who recognize our skill, experience, and collaborative approach in the trial and appellate courts.
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In re ExxonMobil Corporation, No. 20-0849, 2021 WL 5406052 (Tex. Nov. 19, 2021)

Persuaded the Texas Supreme Court to grant mandamus relief enabling the client to obtain discovery from third-party medical providers regarding amounts and rates paid or incurred by patients who were similarly-situated to plaintiffs. This discovery was sought in connection with client's defense agai [...]

Victory at the Federal Circuit in In re SurgiSil, overturning Patent Office precedent. In re SurgiSil, L.L.P., 14 F.4th 1380 (Fed. Cir. 2021).

Haynes Boone represented SurgiSil at the Federal Circuit and successfully argued for a reversal of a design patent claim rejection, which also overturned Patent Office precedent.

Krieger v. Nicandros, N.Y. Sup. Ct. (2020)

Successfully defended and obtained dismissal of lawsuit seeking to enforce guaranty of lease agreement.

Perry v. Christian, 2021 WL 1748483, No. 20-20277 (5th Cir. May 3, 2021) (per curiam)

Convinced the Fifth Circuit to affirm the district court's dismissal of a complaint, which made broad allegations regarding acreage and mineral rights, for failure to state a claim. 

Sean Gharavi v. Behrooz Khademazad, d/b/a Grand Prairie Family Dental

Represented client in appeal of $1.2 million judgment based on a single social media post (Yelp review) and obtained full reversal and rendering of take-nothing judgment in client’s favor.

Great American Insurance Company of New York v. Compass Well Services, LLC, 2020 WL 7393321 (Tex. App.-Fort Worth, Dec. 17, 2020, no pet. h.)

Persuaded a Texas appellate court to affirm a multi-million judgment for client Compass Well Services, LLC in an insurance dispute concerning coverage for damaged fracking equipment.

BBVA Compass v. Bagwell, 2020 WL 7332845 (Tex. App.-Dallas Dec. 14, 2020, no pet. h.)

Persuaded a Texas appellate court to overturn a $110 million fraud verdict against client BBVA in a lawsuit filed by a borrower who claimed that a BBVA employee made misrepresentations during loan renewal negotiations.

Compass Bank v. Collier, 2020 WL 6494213 (Tex. App.-Beaumont Nov. 5, 2020, no pet.)

Persuaded a Texas appellate court to overturn a jury verdict against BBVA Compass in a lawsuit by a borrower who claimed that BBVA breached a loan modification agreement and violated consumer-protection statutes.

AIG Europe, Ltd. v. Caterpillar Inc., 831 F. App'x 111 (5th Cir. 2020)

Persuaded Fifth Circuit to affirm a take-nothing summary judgment in favor of fracking engine manufacturer in products liability action seeking $15 million in damages arising from fire at a wellsite.

Plummer and Texas E&P Funding v. Enterra Capital Investor Trust, 2020 WL 831600 (Tex. App.'Dallas Feb. 20, 2020, no pet.)

We were retained after $1,165,770 default judgment was entered against clients in fraud case and successfully appealed entry of default judgment to the Dallas Court of Appeals. The Court of Appeals reversed the entry of default judgment and remanded the case. All claims against the client were dismi [...]

Press Release
Haynes Boone’s Supreme Court Practice Secures SCOTUS Review in High-Stakes Bankruptcy Case
January 24, 2022

On Jan. 10, 2022, the U.S. Supreme Court granted cert. in Siegel v. Fitzgerald (No. 21-441), which involves the constitutionality of a 2017 federal law increasing the quarterly trustee fees in Chapter 11 bankruptcies. The issue affects virtually every major corporate bankruptcy filed or pending in the first nine months of 2018, with over $324 million at stake for debtors and creditors nationwide.  [...]