Ethan Nutter
Ethan is a member of Vinson & Elkins’ Appellate section. His practice focuses on appeals and original proceedings in state and federal appellate courts.
Federal and U.S. Supreme Court Appeals
(5th Cir.) – Obtained affirmance of $12 million judgment in breach of fiduciary duty case
(U.S.); (11th Cir.) – As member of an appellate team, obtained ruling on appeal that two United Mine Workers of America funds could not recover Coal Act liabilities because they had been discharged in a prior bankruptcy; adversary’s petition before the U.S. Supreme Court was denied
(5th Cir). – Obtained remand to the Board of Immigration Appeals from the denial of asylum for an Anglophone Cameroonian who was detained and beaten by Cameroonian authorities for participation in a protest for Anglophone rights
(5th Cir.) – As member of an appellate team, challenged district court’s order that authorized third-party subpoenas for use in foreign proceedings under 28 U.S.C. § 1782; on appeal the Fifth Circuit issued a precedential decision reversing the district court for failing to consider our client’s arguments that discovery should not issue under § 1782
(Fed. Cir.) – Represented the Board of Regents of a public university as patent-owner in inter partes review application; the patents-in-suit generally related to Th-1 dendritic cells and their use in treating tumors
(5th Cir.) – Representing electric transmission and distribution utility as intervenor in defending statute granting a right of first refusal for building new transmission lines to incumbent utilities against Dormant Commerce Clause and Contract Clause challenges (ongoing)
(U.S.) – Filed petition for writ of certiorari challenging Fifth Circuit’s refusal to exercise jurisdiction over questions of law under the Immigration and Nationality Act
(4th Cir.) – Drafted amicus brief supporting a claim for greater press access to executions in Virginia
(5th Cir.) – Drafted amicus brief on behalf of 42 former Immigration Judges and former members of the Board of Immigration Appeals arguing that a mentally ill asylum applicant was denied due process
(Tex.) – As member of an appellate team, obtained 8-0 ruling that local taxing unit did not have statutory authority to retain private attorney on contingent fee to pursue a taxpayer for an alleged $60 million in unpaid property taxes
(Tex. App. – Austin) – As member of an appellate team, obtained a complete victory for telecommunications clients in a decision holding that, by failing to fund the Texas Universal Service Fund, the Public Utility Commission acted outside its statutory authority, violated state rulemaking procedures, and took private property without providing just compensation
(Tex.); (Tex. App. – San Antonio) – Secured denial of mandamus relief challenging a district court’s discovery order
(Tex.); (Tex. Dist. – Tarrant Cnty.) – Drafted post-judgment motions and arguments involving the scope of judgment, as well as attorney’s fees, on behalf of a church in a case involving the First Amendment’s impact on state property law
(Tex.); (Tex. App.—Dallas) – Represented plaintiff in a case alleging our opponent committed fraud in a stock transaction
(Tex. App. − Austin) – Representing an electric transmission and distribution utility in an appeal addressing whether the courts have jurisdiction over client’s claim to enjoin a city’s threatened condemnation of client’s streetlight system (ongoing)
Credentials
- The University of Texas School of Law, J.D. with highest honors, 2018 (Vice Chancellor; Associate Editor, Texas Law Review; Order of the Coif)
- University of Denver, B.A. International Studies magna cum laude, 2012
- Judicial clerk to The Honorable Priscilla R. Owen, U.S. Court of Appeals for the Fifth Circuit, 2018-2019
- Adjunct Professor, The University of Texas School of Law, Beck Center for Legal Writing, 2019
- American Gateways, Pro Bono Awardee, 2021
- Texas
- U.S. Court of Appeals for the Fifth Circuit
- U.S. District Court for the Western District of Texas
- Deals & CasesSeptember 16, 2022