Handled appeal to the Supreme Court of the United States from the Supreme Court of Texas. Won unanimous decision allowing state legal malpractice claims to be litigated in state court rather than federal court, even when the claim arises out of an underlying federal matter.
Handled appeal to the Supreme Court of Texas involving the standard for associational standing. Won reversal allowing client to pursue preemption claims.
Handled appeal to the Supreme Court of Texas involving the standard for defamation claims against media defendants. Won judgment affirming that media defendants retain a duty of accuracy when reporting on third party allegations.
Handled appeal involving interpretation of state “grandfathering” statute, Chapter 245 of Texas Local Government Code. Won judgment in the court of appeals construing statute to require identity of project under the statute, a significant favorable ruling for municipalities.
Handled appeal involving the question of whether subsurface fracking of a gas well can give rise to trespass claims. Won decision by Supreme Court of Texas rejecting such claims and reversing judgment for substantial actual and exemplary damages.
Handled appeal involving interpretation, application and interaction of Pugh, horizontal severance and pooling clauses in an oil and gas lease. Won reversal in the court of appeals of a summary judgment declaring lease termination.
Handled mandamus proceeding involving venue issues in the probate context. Won transfer of venue in the court of appeals that facilitated the ultimate favorable settlement of the case.
Selected Reported Cases
Texas Propane Gas Assoc. v. City of Houston, 622 SW3d 791 (Tex. 2021).
Fath v. Tex. Dept. of Transp., 924 F.3d132 (5th Cir. 2018).
Minton v. Gunn, 301 S.W.3d 702 (Tex. App.—Fort Worth 2009), reversed, 355 S.W.3d 634 (Tex. 2011), reversed, 133 S.Ct. 1059 (2013).
Warren v. Chesapeake Exploration, LLC, 759 F.3d 413 (5th Cir. 2014).
Neely v. Wilson, 418 S.W.3d 52 (Tex. 2013).
Coastal Oil & Gas Corp. v. Garza Energy Trust, 268 S.W.3d 1 (Tex. 2008).
In Re Graham, 251 S.W.3d 844 (Tex. App.—Austin 2008, orig. proceeding).
FPL Energy Upton Wind I, L.P. v. City of Austin, 240 S.W.3d 456 (Tex. App.—Amarillo 2007, no pet.).
City of San Antonio v. En Seguido, Ltd., 227 S.W.3d 237 (Tex. App.—San Antonio 2007, no pet.).
Jackson v. West Telemarketing Corp. Outbound, 245 F.3d 518 (5th Cir. 2001), cert. denied, 122 S.Ct. 394 (2001).
Bank One, Texas v. U.S., 157 F.3d 397 (5th Cir. 1998).
Lenape Resources Corp. v. Tennessee Gas Pipeline Co., 925 S.W.2d 565 (Tex. 1996).
Coastal Oil & Gas Corporation v. Flores, 908 S.W.2d 517 (Tex. App.—San Antonio 1995, orig. proceeding).
