Appellate

LWS attorneys have experience handling appeals and mandamus proceedings regarding a wide variety of subjects in every Texas appellate court and most federal courts of appeals.  For example, LWS attorneys have successfully handled appeals in actions involving wrongful discharge and other employment claims, professional negligence, all types of contract breaches, construction defects, oil-and-gas matters, deceptive advertising, and personal injuries.  Examples of our appellate successes include:

  • Upholding a zero-liability judgment in a deceptive advertising action brought by the Federal Trade Commission against three debt-negotiation companies and their officers.  See FTC v. Financial Freedom Processing, Inc., 2013 U.S. App. LEXIS 16766 (5th Cir. 2013).
  • Obtaining a writ of mandamus reversing a trial court’s overbroad discovery order.  See In re Oncor Electric Delivery Company LLC, 313 S.W.3d 910 (Tex. App.—Dallas 2010, orig. proceeding).
  • Upholding a summary judgment in a multi-million dollar breach-of-contract action.  See CQ Inc. v. TXU Mining Co., 565 F.3d 268 (5th Cir. 2009).
  • Upholding a zero-liability judgment obtained after a trial of a $20 million breach-of-contract claim.  See City of Detroit v. TXU Energy Retail Co., 221 Fed. Appx. 387 (6th Cir. Feb. 16, 2007).
  • Upholding a summary judgment dismissing a negligence claim against an accounting firm in a leading opinion clarifying Texas law on standing to bring negligent-misrepresentation claims against professionals.  See Abrams Ctr. Nat’l Bank v. Farmer Fuqua & Huff, P.C., 225 S.W.3d 171 (Tex. App.—El Paso 2005, no pet.).
  • Reversing an adverse jury award against a railroad for negligently destroying a nursery business by blocking access to the business with parked trains.  See Friberg v. Kansas. City Southern Railway Company, 267 F.3d 439 (5th Cir. 2001).
  • Reversing an adverse summary judgment in a multi-million dollar natural gas take-or-pay action.  See Texas Utilities Fuel Company v. Marathon Oil Company, No. 11098-00079-CV (Tex. App—Eastland 1999, no writ).

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