OVERVIEWA 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 practice area. 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.
Members of Strasburger's Appellate Practice Group assist clients in a variety of ways, including 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.
The firm’s practice unit leaders are available to answer any questions about Strasburger’s capabilities. To learn more about this practice area, please contact michael.jung@strasburger.com. EXPERIENCEStrasburger appellate lawyers have participated in almost 200 appellate cases over the last decade, in several different federal courts and virtually every state appellate court in Texas and involving a wide range of subject matter.
Matters recently handled by Strasburger’s appellate attorneys include the following:
Reversal of a federal court judgment dismissing two class actions arising out of the infamous Stanford Ponzi scheme. Roland v. Green, ___ F.3d ___ (5th Cir. Mar. 19, 2012). Working closely with the firm’s trial team at the trial and appellate levels, we convinced the Fifth Circuit that suits by thousands of defrauded Latin American investors against some of the Stanford entities’ law firms and insurance brokers were not precluded by the Securities Litigation Uniform Standards Act, because nationally-traded securities were only tangentially involved in the case. Affirmance of a take-nothing summary judgment in favor of a semiconductor manufacturer in a $3 million suit under a nitrogen supply agreement, brought by a supplier of industrial gases. Matheson Tri-Gas, Inc. v. Atmel Corp.,347 S.W.3d 339 (Tex. App. -- Dallas 2011, no pet.). Partnering with the client’s outside counsel in the briefing process and arguing the case on appeal, we convinced the Court of Appeals that a termination agreement had been triggered by the taking of nitrogen by the purchaser of our client's facility under a separate supply agreement between the gas supplier and the purchaser. Affirmance of a $6 million judgment in an eminent domain case involving a Travis County ranch with special certifications for organic non-hormonal cattle production. State of Texas v. Harrell Ranch, Ltd., 268 S.W.3d 247 (Tex. App. – Austin 2008, no pet.) . Joining the client’s legal team after a favorable jury verdict, we successfully resisted the State’s claims that our client’s access to remainder tracts had not been impaired, that lost profits from the forced premature sale of the herd were not recoverable, and that the jury had awarded excessive damages. Significant partial reversal of a judgment against an ambulatory surgery center in connection with a marketing agreement for laparoscopic gastric banding surgery. Plano Surgery Center v. New You Weight Management Center, 265 S.W.3d 496 (Tex. App. - Dallas 2008, no pet.) . Although the Court of Appeals upheld the marketing agreement, it reversed approximately 60% of the judgment against our client, holding that alleged negligent misrepresentations were in fact oral promises not actionable in tort. We worked with the client's trial counsel to prepare the briefs and argued the case on appeal. DISTINCTIONSProfessional 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. Our lawyers 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; as president-elect of the Austin Bar Association; as chair of the Fellows of the Texas Bar Foundation; 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 or staff attorneys to judges on the Supreme Court of Texas, the United States Court of Appeals for the Fifth Circuit, the Court of Appeals for the First District of Texas, 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 and the University of Texas School of Law. |