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Fifth Circuit Appeals

Experience Highlights

  • (5th Cir.) – Obtained affirmance of $12 million judgment in breach of fiduciary duty case

  • (U.S.); (5th Cir.); (W.D. Tex.) – Obtained summary judgment defending the State Bar of Texas against a First Amendment mandatory bar challenge; on appeal, the Fifth Circuit vacated and granted partial summary judgment and a preliminary injunction to the three plaintiffs, but upheld the vast majority of the Bar’s challenged initiatives as constitutional; the U.S. Supreme Court denied our opponents’ cert petition

  • (5th Cir.); (S.D. Tex.) – Obtained dismissal of defamation claim by political activist against online news site

  • (5th Cir.); (E.D. Tex.) – Obtained affirmance of dismissal of RICO, conspiracy, tortious interference, and defamation claims against local newspaper and its employees and owner

  • (5th Cir.) – Won vacatur of a preliminary injunction issued under the Endangered Species Act and National Environmental Policy Act that prevented operation of Lydia Ann Channel Moorings LLC’s barge facility

  • (5th Cir.) — Successfully defended a district court ruling that a provision of the Texas Alcoholic Beverage Code requiring one-year of residency to receive a mixed-beverage permit was invalid under the Dormant Commerce Clause

  • Won and upheld summary judgment in bankruptcy court, federal district court, and the Fifth Circuit Court of Appeals on behalf of an independent oil and gas company on title claims related to leases and wells in the Barnett Shale

  • (5th Cir.) — Successfully argued before the Fifth Circuit Court of Appeals, winning unanimous reversal and remand on complex tax issue of first impression involving research and development tax credits; authored winning brief on remand

  • (5th Cir.) — On a matter of first impression, obtained mandamus relief from district court’s denial of a motion to reconsider Multidistrict Litigation court’s denial of forum non conveniens motion, and denial of opposing party’s petition for a writ of certiorari in the United States Supreme Court

  • (5th Cir.) — Obtained a judgment for a producer of oil on the Alaskan North Slope for $14 million (net) for breach of the pricing formula of a crude oil sales contract involving price adjustments for Quality Bank credits on the Trans-Alaska Pipeline

  • (5th Cir.) — Successfully argued that the federal government does not “provide” statutorily mandated telecom-company universal-service contributions within the meaning of the False Claims Act, winning reversal of district court’s denial of motion to dismiss

  • (5th Cir.) — Obtained affirmance of a dismissal for lack of subject-matter jurisdiction on behalf of utility entities in a case of first impression involving citizen suit jurisdiction under the Clean Air Act

  • (5th Cir.) — On behalf of Presbyterian Hospital of Dallas and Dr. James Knochel, secured reversal of a record $366 million jury verdict in a physician peer review case; judgment was rendered in our clients’ favor, holding that they were immune from damages claims under the federal Health Care Quality Improvement Act; the United States Supreme Court denied plaintiff’s petition for certiorari

  • (5th Cir.) — Obtained affirmance of dismissal for lack of personal jurisdiction for foreign publishers

  • (5th Cir.) — Obtained reversal of a $13 million bankruptcy preference judgment

  • (5th Cir.) — Obtained reversal of a federal district court’s order remanding a case to state court on the eve of trial in a complex products liability case, and denial of opposing party’s petition for a writ of certiorari in the United States Supreme Court