Appellate

As appellate specialists, we partner with trial teams inside and outside our firm to develop successful legal strategies and present compelling arguments in our clients’ most important trials and appeals.

And we are among the best at what we do. Chambers USA describes our team as “a destination appellate practice” and “pretty widely recognized as number one” in Texas. We’re one of three firms to receive the highest rating (Band 1) in Texas appellate litigation in the Chambers USA (Chambers and Partners) 2025 directory.

That is no accident. We have earned those accolades and the trust of our clients through decades of dedicated client service, seamless collaboration with trial lawyers, and briefs that are hard to ignore. We have delivered precedent-setting victories in bet-the-company appeals across a wide variety of subject matters. And we have earned the respect of judges across the country along the way. While we litigate cases from coast to coast, our practice is especially strong in these forums:

Texas/Fifth Circuit Our foundation is litigation in Texas state and federal courts. Many of our appellate lawyers have clerked at the Fifth Circuit or the Texas Supreme Court (or both), and we’ve led countless appeals in those courts and other Texas intermediate appellate courts. For any civil appeal in Texas or the Fifth Circuit, there’s a good chance we’ve been there and done that.

U.S. Supreme Court We also have one of the nation’s leading U.S. Supreme Court practices, led by Daniel L. Geyser. Listed among the “veritable who’s who of the Supreme Court bar” (Empirical SCOTUS, 2018), Dan has argued 17 Supreme Court cases in private practice, notching “rare victor[ies]” (SCOTUSblog, 2021) in cases that industry experts said could not be won. In the past three Terms, our group has had five writs of certiorari granted, argued six merits cases, and secured multiple wins in business disputes—a uniquely strong national record.

Federal Circuit Bolstering the firm’s prominence in intellectual property, our group also boasts a top-notch Federal Circuit appellate practice, adept at handling appeals from both district courts and the Patent Office on defining questions of law. The group is led by Debbie McComas, who ranks third in overall performance in the Federal Circuit according to Patexia’s CAFC Intelligence Report (2023), and is stocked with other lawyers who clerked at the Federal Circuit and in trial courts with active patent dockets.

A primary reason for that record is our deep bench of talented lawyers. Like any strong group, the standard for excellence starts at the top, with three legends of the Texas appellate bar—Nina Cortell, Lynne Liberato, and Mike Hatchell—each of whom has received the Texas Bar Foundation’s prestigious Gregory S. Coleman Outstanding Appellate Lawyer Award (in 2015, 2016, and 2019).

Further, with one of the largest full-time appellate teams of any firm in Texas, our group stands out for having outstanding appellate lawyers in every generation. In addition to the three legends above, Chambers USA recognized seven other members of our group as leaders in Texas appellate litigation in its 2025 directory—lawyers in the prime of their careers. And working right with them are up-and-coming young partners, counsel, and talented associates who are positioned to grow with your business for decades to come.

Another differentiator is our group’s ability to jump in and contribute long before the appeal, when the case is still in the trial court. What we bring to the table there is often as important as what we do on appeal. Through a laser-focused approach to shaping litigation strategy, preserving error, crafting and arguing the jury charge, and preparing all manner of legal briefing, our appellate lawyers can help you achieve your goals in the trial court—or at least make sure that an adverse result is well-positioned for reversal on appeal. To assist in that work, we use cutting-edge empirical studies we conceived and conducted to evaluate the likely outcome of the appeal and guide our trial and appellate strategy.

For all these reasons and so many more, our Appellate Practice Group is here to help with your most important trials and appeals.

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Select Representative Experience

First Amendment/AntiSlapp

ProPublica v. Frazier, 2024 WL 1774224 (2024) - Houston Court of Appeals reversed the denial of a TCPA motion in a case brought by a prominent Houston doctor against ProPublica and the Houston Chronicle for a joint investigative article written about his career as a heart surgeon. The case went to the appellate court twice. First, reversing the trial court’s denial of the motion to dismiss and remanding with instructions to consider evidence of affirmative defenses. 2020 WL 370563 (2020), and reversing a second denial finding that the investigative report at issue was substantially true, protected by the fair report privilege, and awarding attorney’s fees to the media defendants and journalists.
Harris v. Warner in and for County of Maricopa, 225 Ariz. 29, 527 P.3d 314 (2023) - Arizona Supreme Court dismissed a defamation case brought by a former Congressional candidate against iHeartMedia because the statements at issue, which were made on a political talk show, were protected under the First Amendment.
Darby v. New York Times Co., No. 07-12-00193-CV, 2014 WL 818614 (Tex. App.—Amarillo 2014, pet. denied) – affirming the grant of summary judgment in favor of The New York Times and its reporter, James McKinley, in a defamation lawsuit brought by plaintiff, a former activist over an article mentioning his involvement as an FBI informant in a plot to firebomb police cars outside the 2008 Republican National Convention (“RNC”).
KHOU v. Status Lounge, 693 S.W.3d 752 (Tex. App. – Hou.[14th Dist.] 2021) – Houston Court of Appeals reversed the denial of a TCPA motion in a case brought by a bar operator brought defamation and business disparagement claim against television station and newspaper after they published articles based on a police report about a shooting at the bar. The case went to the appellate court twice. First, reversing the trial court’s denial of the motion to dismiss as untimely, because the trial court failed to factor in the 60 day abatement period invoked through the Defamation Mitigation Act (541 S.W.3d 881 (2017)), and reversing a second denial finding the statements at issue were substantially true.
Darrigan v. The American Prospect, Inc., et al., No. 02-24-00061-CV, 2025 WL 2423579 (Tex. App.—Fort Worth Aug. 21, 2025, pet. denied) – Fort Worth Court of Appeals affirmed grant of a TCPA Motion to Dismiss, including its award of sanctions and attorney’s fees, in a lawsuit brought by the plaintiff against the publisher of an article largely regarding an emergency room staffing company, briefly mentioning the plaintiff, which he alleged was defamatory.
Jones v. Kirkstall Road Enterprises, Inc., Cause No. 05-18-00592-CV, 2020 WL 2059910 (Tex. App. – Dallas April 29, 2020, no pet.) – affirming the grant of summary judgment in a lawsuit claiming negligence and brought by the plaintiff against a production company for its blurring of his image in an episode of The First 48.
KTRK Television, Inc. v. Theaola Robinson, 409 S.W.3d 682 (Tex. App.—Houston [1st Dist.] 2013, pet. denied) – reversing denial of a motion to dismiss under the Texas Citizens Participation Act in a lawsuit brought by plaintiff against local broadcaster, KTRK, for its investigative reporting on the closing of a local charter school due to lack of adequate funds and allegations of financial mismanagement and failure to properly account for state funds. On remand, the trial court awarded all attorney’s fees incurred at the trial and appellate court level.
Moore v. Dallas Morning News, Inc., et al., No. 05-22-01286-CV, 2021 WL 5480679 (Tex. App.—Dallas, 2024) – affirming the dismissal of a defamation action brought against the Dallas Morning News for its reporting on the plaintiff’s arrest and related criminal proceedings for being a felon in possession of a firearm.
Broder, et al. v. Nexstar Media Inc. & Jody Barr, Cause No. 03-19-00484-CV, 2019 WL 5866590 (Tex. App.—Austin 2021, no pet.) – affirming dismissal under the Texas Citizens Participation Act of claims brought by a doctor and his medical practice over an investigative report by Nexstar Broadcasting Group, Inc. and its reporter, Jody Barr. Although the Plaintiff did not file a petition for review, he tried to overturn the ruling through a separately filed Bill of Review but was unsuccessful. The Bill of Review was dismissed in the trial court through a Rule 91a Motion to Dismiss, which was affirmed on appeal.
Lowry v. Fox Television Stations, LLC, 2022 WL 2720509 (Tex. App. – Hou.[1st Dist.] 2022). – Houston Court of Appeals upheld the dismissal under the TCPA of all claims against Houston area Fox television Station, finding minor errors did not render the reporting substantially untrue because the gist or sting of the story was correctly conveyed.
Burns v. CBS Stations Group of Texas, LLC, Cause No. 05-20-00700-CV, 2020 WL 7065827 (Tex. App.—Dallas 2020, no pet.) – reversing the denial of a dismissal under the Texas Citizens Participation Act of claims brought against CBS Stations Group of Texas, LLC for defamation and negligence after relying on a mug shot provided by law enforcement to identify an individual with the same name involved in a bank robbery.
Entravision Comm’ns Corp. v. Salinas, 487 S.W.3d 276 (Tex. App.—Corpus Christi-Edinburg 2016, pet. denied) – reversing the denial of dismissal by operation of law under the Texas Citizens Participation Act a defamation claim brought against Entravision for a Facebook post discussing rumors of a father’s detention at the border with a large sum of money. The son, a public official, sued, arguing the post defamed him by mentioning the familial relationship. The trial court failed to rule on the TCPA motion, resulting its dismissal by operation of law, and the 13th Court of Appeals reversed the denial finding the statements were not defamatory as to the son.
Klayman v. CNN, Cause No. 22-12480, 2023 WL 2027843 (11th Cir. 2023)- A Florida federal court dismissed a defamation case brought against CNN and its employees for reporting on a conspiracy theory relating to the COVID-19 pandemic. The Eleventh Circuit affirmed the decision.

Constitutional Challenges

Book People, Inc. et al. v. Wong, et al., – A federal district court issued a permanent injunction of portions of HB 900 (READER Act) requiring booksellers to rate every book ever sold to Texas public schools based on unconstitutionally vague definitions of “sexually explicit” and “sexually relevant.” __ F. Supp.3d __, 2025 WL 3035109. The 5th Circuit previously upheld a preliminary injunction and this ruling withstood a sua sponte request for en banc reconsideration. 91 F.4th 318 (5th Cir. 2024). The district court later issued a permanent injunction striking down the rating system and awarded approximately $1.2 million in attorney’s fees under Section 1983 for constitutional challenge. __ F. 3d __, 2025 WL 3769586.

Access to Information/Public Records/Sealing Orders

Uvalde Consolidated Independent School District and Uvalde County v. Texas Tribune et al. 720 S.W.3d 466 (Tex. App.—San Antonio 2025, no pet.) – San Antonio Court of Appeals affirmed order requiring Uvalde ISD and Uvalde County to produce all open records in conjunction with Uvalde school shooting.
8Fig v. Stepup Funny, 135 F.4th 285 (5th Cir. 2025) – The Fifth Circuit affirmed order granting Newsweek’s intervention and unsealing of records in a fraud case involving 18 defendants.
City of Dallas v. Paxton, Cause No. 15-24-00081-CV, 2025 WL 2701155 (Tex. App.—Austin [15th Dist.] Aug. 21, 2025) – 15th Court of Appeals affirmed trial court’s order requiring City of Dallas to produce information related to the City’s Low Income Housing Tax Credit Program to the Dallas Morning News, rejecting the City’s argument that the materials fell within the litigation exception to the TPIA. Settlement followed with the City paying $25,000 in attorneys’ fees and releasing the records.