Appellate

Described by Chambers USA 2022 as “a destination appellate practice” and praised as being “the best appellate group in the state”,” our Appellate Practice Group received the highest ranking in Texas in Chambers USA (Chambers and Partners), as one of only three firms with a Band 1 rating in Texas in the 2022 directory.

In addition to the Band 1 group rating, the Chambers USA 2022 directory ranked eight of our appellate litigators as leaders in Texas, ranked one, Nina Cortell, as the top-ranked appellate lawyer in the state, and ranked one, Daniel Geyser not only in Texas but also Nationwide. 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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Suillvan v. Feldman, 2022 WL 17822451 (S.D. Tex. Dec. 20, 2022) and 2023 WL 2392746 (S.D. Tex. Mar. 7, 2023).

In a case involving numerous overlapping arbitration awards, persuaded the Court to confirm the most favorable awards, reject the opposition's vacatur arguments, and enter a partial final judgment awarding our clients $99 million for their fiduciary duty, professional malpractice and conversion clai [...]

Technox Engineering & Servs. Pvt., Ltd. v. Sunwoo Co., Ltd., No. 01-22-00006-CV, 2022 WL 17981848 (Tex. App.-Houston [1st Dist.] Dec. 29, 2022, no pet. h.) (mem. op.)

Convinced the First Court of Appeals in Houston to affirm the trial court's order holding one of the defendants, a company based in India, subject to personal jurisdiciton in the Texas courts with respect to claims asserting trade-secret misappropriation, fraudulent transfer, and related theories.

Diamondback E & P LLC v. Ridgefield Permian, LLC, No. 21-0497 (Tex. 2022)

Persuaded the Texas Supreme Court to deny review of two separate petitions for review (and a motion for rehearing) in an oil-and-gas dispute about the scope of a tax foreclosure deed

Sharifan v. Kelley, No. 14-20-00197-CV, 2022 WL1112804 (Tex. App.—Houston [14th Dist.] April 14, 2022).

Persuaded the court of appeals to vacate a $7 million arbitration award on the basis of evident partiality.

Travis Cnty. Cent. Appraisal Dist. v. Tex. Disposal Sys. Landfill, Inc., No. 03-20-00122-CV, 2022 WL 2236109 (Tex. App.—Austin June 22, 2022, no pet. h.).

Persuaded the Austin Court of Appeals to reverse the trial court’s orders dismissing Travis Central Appraisal District’s lawsuit on pleas to the jurisdiction. As a result, TCAD may proceed with its challenge to the Appraisal Review Board’s $20 million reduction to TCAD’s appraisal of a major commerc [...]

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.

Capshaw v. White, 854 F. App’x 610 (5th Cir. 2021), cert. denied

Persuaded the Fifth Circuit to affirm the dismissal of relators’ claims under the False Claims Act’s first-to-file rule and the denial of statutory attorney’s fees; also persuaded the United States Supreme Court to deny two related petitions for certiorari.

Landry's, Inc. v. Ins. Co. of the State of Pennsylvania, 4 F.4th 366 (5th Cir. 2021)

Persuaded the Fifth Circuit to reverse summary judgment finding that insurance company owed no duty to defend in a novel case arising out of an alleged data breach.

In re Bass, 2021 WL 3276879 (Tex. App. – Dallas July 30, 2021)

Persuaded the Dallas Court of Appeals to grant mandamus relief and prevent the production of privileged documents, which the trial court had erroneously ordered produced under the crime-fraud exception to the attorney-client privilege.

Press Release
Mike Boone, Deborah Coldwell, Greg Samuel and Nina Cortell Named to D Best Hall of Fame
February 28, 2022

D Magazine has included Partners Mike Boone, Deborah Coldwell and Greg Samuel and Senior Counsel Nina Cortell in its Hall of Fame, which honors professionals who have been named to the magazine’s annual “Best Lawyers of Dallas” directory for more than 15 years. They are among only 50 lawyers inducted into the 2022 Hall of Fame. To compile the Best Lawyers list, editors first call for peer nominat [...]