Appellate

OVERVIEW

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 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 area leaders are available to answer any questions about Strasburger’s capabilities. To learn more about this practice area, please contact Michael Jung.

EXPERIENCE

Strasburger appellate lawyers have participated in about 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:

BLOG

OPEN QUESTION: Applicability of Anti-SLAPP Act in Federal Court

Written by Judith R. Blakeway on September 11, 2017

A recent Fifth Circuit opinion in a defamation action is raising concerns among media lawyers. THE FIFTH CIRCUIT DECISION In Block v. Tanenhaus,[1] Walter Block appealed the dismissal under Louisiana’s anti-SLAPP (strategic lawsuit against public participation) statute of his defamation action against the New York Times.  On appeal, Block argued that the anti-SLAPP statute was Read More…


Texas Supreme Court Announces New Rule for Exemplary Damages

Written by Judith Blakeway on August 28, 2017

The Due Process Clause of the Fourteenth Amendment prohibits the imposition of excessive exemplary damages.  Whether an award comports with due process is measured by three guideposts: (1) the degree of reprehensibility of the defendant’s misconduct; (2) the disparity between the actual or potential harm suffered by the plaintiff and the punitive damages award; and Read More…


SCOTX Ends the “My Fees Are Smaller Than Your Fees” Squabble

Written by P. Michael Jung on August 14, 2017

How many times have you said, upon receiving your opponent’s demand for attorneys’ fees, “That’s outrageous!  Our fees are a fraction of that amount!”? Until recently, Texas law was unsettled as to whether you could defend the fee claim on that basis. But on June 9 of this year, the Supreme Court of Texas resolved the question. Probably. Read More…


Fifth Circuit Expands Post-Trial Review of Summary Judgments

Written by Tate Hemingson on July 31, 2017

In Feld Motor Sports, Inc. v. Traxxas , L.P., No. 16-40686 2017 U.S. App. LEXIS 11705 (5th Cir. June 30, 2017), the Fifth Circuit held for the first time that an appellate court can review a trial court’s legal conclusions in denying a summary judgment after a jury trial, if the issue is preserved in Read More…


Fifth Circuit Addresses Privilege Log Requirements

Written by Robert M. O'Boyle on July 17, 2017

In Equal Employment Opportunity Commission v. BDO USA, L.L.P.¹, the Fifth Circuit clarified how to use a privilege log to protect privileged documents. The EEOC subpoenaed information in connection with an employment discrimination investigation.  BDO withheld documents, claiming attorney-client privilege, and submitted a privilege log.  The EEOC moved to compel, claiming BDO’s privilege log failed Read More…


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HONORS

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 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 area leaders are available to answer any questions about Strasburger’s capabilities. To learn more about this practice area, please contact Michael Jung.

EXPERIENCE

Strasburger appellate lawyers have participated in about 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:

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