A jury's verdict, or the ruling of a trial judge, does not always mark the end of a dispute. The appeal process — making sure the law and the evidence support the ultimate outcome of the case — is often a critical step in protecting the client's right to a correct judgment.

Experienced appellate advocates have been part of the Strasburger team since long before appellate law became a recognized specialty. Founder Hobert Price was ahead of his time in focusing his practice on appellate work. The tradition he established was carried on by Royal Brin, now one of the deans of the Texas appellate bar. The current members of the firm's Appellate Practice Group follow in those pioneers' footsteps, bringing a wide range and depth of experience to the solution of our clients' appellate problems.
 

COMPREHENSIVE APPELLATE SERVICES

Members of Strasburger's Appellate Practice Group assist clients in a variety of ways:

• handling appeals in cases conducted by each of the firm's litigation practice areas
• taking over or assisting with appeals in cases conducted by other firms at the trial court level
• assisting the firm's litigators with discovery issues, dispositive motions, jury instructions, and post-trial motions
• consulting on trial court cases or appeals being handled by other firms
• acting as legal adviser to multi-firm joint defense groups
• monitoring trials and appeals
• preparing "friend of the court" briefs in important cases
• helping with post-trial mediation and other settlement activities

Our attorneys are comfortable with whatever role best suits the client's needs, ranging from brief consultation with trial counsel to working as part of a multi-firm team of lawyers to independent pursuit of a complete appeal. They practice in all Texas courts and in a variety of federal courts across the country.
 

SELECTED APPELLATE VICTORIES (2005-07)

• Reversal of a $6 million federal court fraud judgment against a chain of chiropractic clinics.  Allstate Insurance Co. v. Receivable Finance Co., ___ F.3d ___, 2007 U.S. App. LEXIS 22528 (5th Cir. Sept. 20, 2007).  Joining the client’s legal team after an adverse verdict as lead appellate counsel on the key fraud and damage issues, we persuaded the Fifth Circuit that there was no evidence that the plaintiffs actually relied on any allegedly fraudulent statements, and no evidence of the amount of damages the plaintiffs incurred as a result of such reliance.
  
  
• Affirmance of a summary judgment for the defendant health plan in a $1.5 million suit by a hospital for services rendered to a patient.  Methodist Hospital. v. Amerigroup Texas, Inc., ___ S.W.3d ___, 2007 Tex. App. LEXIS 6504 (Tex. App. – Dallas Aug. 9, 2007, no pet. hist.).  Working with the firm’s trial team, our appellate group successfully argued that a gap in the patient’s Medicaid eligibility relieved the health plan of the obligation to pay for the patient’s ongoing medical care.
  
  
• Affirmance of a summary judgment for the insurer under a $5 million motor carrier liability insurance policy.  Lancer Insurance Co. v. Shelton, 2007 U.S. App. LEXIS 18785, No. 06-10617 (5th Cir. Aug. 7, 2007).  Working with the firm’s trial lawyers at both the trial and appellate levels, we obtained a holding that the insurer was not required to give notice of cancellation of its policy to Texas authorities in light of the fact that the insured had obtained replacement coverage.
  
  
• Complete reversal of a $25 million state antitrust judgment against our client based on "calendar marketing agreements" in the soft drink industry. Coca-Cola Co. v. Harmar Bottling Co., 218 S.W.3d 671 (Tex.2006). Working as part of a multi-firm, multi-client team from before trial through disposition in the Supreme Court, we helped convince the Texas courts that there was no actionable effect on competition affecting Texas consumers.
  
  
• Reinstatement by the Supreme Court of a summary judgment in favor of a North Texas municipality in a Tort Claims Act case.  City of Grapevine v. Sipes, 195 S.W.3d 689 (Tex. 2006).  The Court held that the delayed installation of a traffic signal at a dangerous intersection did not fall with a statutory exception for the "absence, condition, or malfunction" of a traffic control device.  The firm's governmental and appellate practice groups handled the case as a team.
  
  
• Reversal of a judgment holding that our client had not properly exercised a right of first refusal for an undivided interest, valued at $42.75 million, in a West Texas power plant. City of Brownsville v. Golden Spread Electric Cooperative, Inc., 192 S.W.3d 876 (Tex. App. -- Dallas 2006, pet. denied). Joining the client's team shortly before the trial court judgment, we ultimately persuaded the appellate court that an allegedly invalid indemnity clause in our client's purchase contract was severable and did not invalidate the exercise of the right of first refusal.
  
  
• Mandamus relief requiring the Garland City Council to call a 2006 general municipal election. In re Quintanilla, 2006 Tex. App. LEXIS 2281, No. 05-06-00297-CV (Tex. App. -- Dallas Mar. 24, 2006, orig. proceeding) (mem. op.).  Representing a group of candidates (taking the lead on behalf of a broader group of Garland citizens), the firm persuaded the appellate court that a 2004 amendment to the Garland City Charter, shortening term lengths to two years, applied to the seats filled in the 2004 election.
  
  
• Complete reversal of a $15 million judgment against the Dallas County Community College District in a class action alleging the charging of unlawful student fees. Bolton v. Dallas County Community College District, 185 S.W.3d 868 (Tex. 2005). Acting as part of the defense team from the inception of the case through an adverse trial court judgment and a largely adverse Court of Appeals decision, the firm's appellate lawyers obtained a Supreme Court ruling that one of the two challenged fees was lawful and that the other had been voluntarily paid by students and could not be recouped.
  
  
• Reversal of a judgment denying franchise tax relief to our client, a Texas-based distributor of home furnishings marketed by independent contractors throughout the United States. Home Interiors & Gifts, Inc. v. Strayhorn, 175 S.W.3d 856 (Tex. App. – Austin 2005, pet. denied). The Austin Court of Appeals held that the Texas franchise tax provisions governing "throwback" of out-of-state sales discriminated against interstate commerce and therefore violated the Commerce Clause. The firm's appellate and tax practice groups worked together in close coordination to handle the appeal.
  
  
• Affirmance of a judgment for the Dallas Housing Authority permitting the construction of 40 units of public housing on Hillcrest Road adjacent to State Highway 190. Walker v. City of Mesquite, 402 F.3d 532 (5th Cir. 2005). The firm's appellate team worked in tandem with its governmental group, which negotiated a final dismissal of the case in the trial court while the appeal went forward.
  
  
• A major Supreme Court of Texas decision declaring that claims against hospitals for improper credentialing of physicians are "health care liability claims" under the Texas medical malpractice statute, art. 4590i. Garland Community Hospital v. Rose, 156 S.W.3d 541 (Tex. 2004). Joining the client's team as lead appellate counsel after an adverse Court of Appeals decision, we persuaded the Supreme Court that credentialing is a continuous process which occurs and has effects "during the patient's treatment" as required by the statute. On remand, the firm obtained an affirmance of the original judgment of dismissal, on the ground that the plaintiff's expert report did not adequately address the causation issue. Rose v. Garland Community Hospital, 168 S.W.3d 352 (Tex. App. – Dallas 2005, no pet.).

PROFESSIONAL DISTINCTIONS

Professional Honors

Our appellate lawyers include two fellows of the American Academy of Appellate Lawyers, as well as a two-time recipient of the Texas Association of Defense Counsel's prestigious President's Award. They have been included in Best Lawyers in America, in America's Leading Lawyers for Business, in Texas Monthly's list of the top 100 "Super Lawyers®" in Texas, and in D Magazine's list of the "Best Lawyers in Dallas."  They have also been asked to serve in such roles as exam writer for the Texas Board of Legal Specialization certification in Civil Appellate Law and member of the Supreme Court of Texas Task Force on the Jury Charge.

Professional Associations

Strasburger's appellate lawyers have served in leadership positions in the Texas Association of Defense Counsel, including president, vice-president, and chair of the Amicus Curiae Committee; as chair of the American Bar Association Tort and Insurance Practice Section; as chair of the State Bar Committee on the Administration of Justice; as chair of the Dallas Bar Association Appellate Law Section; and as chair of the Federal Bar Admissions Committee for the Western District of Texas.

Publications

Members of the Appellate Practice Group have been published in a variety of law reviews and other publications, including SMU Law Review, Texas Law Review, St. Mary's Law Journal, South Texas Law Review, and the Harvard Journal of Law and Public Policy. They are often called upon for commen­tary on legal issues by publications such as the Wall Street Journal, the Texas Lawyer, and the Dallas Business Journal.

Continuing Legal Education Presentations

Our lawyers are frequently chosen to make presentations as part of continuing legal education programs sponsored by the State Bar of Texas, various law schools, and numerous other organizations. These include presenta­tions on appellate, civil procedure, evidence, and tort law topics to the State Bar Advanced Civil Appellate Practice Course (including service as Course Director), the State Bar Advanced Civil Trial Course, the Fifth Circuit Appellate Practice and Advocacy Seminar, and the Defense Research Institute Civil Rights and Governmental Tort Liability Defense Practice Seminar.

Judicial Clerkships

Appellate Practice Group lawyers have served as judicial clerks to judges on the Supreme Court of Texas, the United States Courts of Appeals for the Fourth and Fifth Circuits, and the United States District Court for the Northern District of Texas.

Distinguished Law School Credentials

Our appellate lawyers distinguished themselves in law school, as law review editors, members of the Order of the Coif, and honors recipients of law degrees from prestigious institutions such as Harvard Law School, the University of Texas School of Law, and Washington & Lee University School of Law.
  

     
PRACTICE AREA LEADER  .  PRACTICE AREA MEMBERS
OVERVIEW OF PRACTICE AREAS

DISCLAIMER © STRASBURGER & PRICE, LLP
All Rights Reserved