Practices

Litigation is a major step that involves substantial time and expense. Just as cases tried to a jury require skilled representation, those cases that rise to the level of appeal require a very specific lawyer skill set. A lawyer who specializes in appellate advocacy with experience at all levels of state and federal courts enhances the client's ability to obtain the desired result.

Porter Hedges appellate lawyers have handled hundreds of matters in a wide variety of areas including:

• Commercial
• Labor and employment
• Products liability
• Toxic tort
• Personal injury
• Professional liability
• Bankruptcy
• Oil and gas
• Intellectual property
• Construction

Our appellate lawyers have served as lead counsel for clients in appeals from final judgments and, where allowed, interlocutory orders, and requests and grants of extraordinary relief. The firm's appellate practitioners are skilled advocates who are well versed in the procedures of both state and federal appellate courts. Our appellate lawyers regularly research the controlling laws, prepare briefs, and present oral argument.

Porter Hedges appellate lawyers are also frequently retained to assist clients with preservation of error strategies at the trial court level. The firm's appellate lawyers are often engaged to prepare dispositive motions, jury charges, and post verdict and post-judgment motions. Our appellate lawyers may also work with the trial team to provide assistance at trial to ensure that error is preserved in the event of a subsequent appeal.

Some of the types of appellate matters handled by our lawyers include:

• Successfully obtained reversal in the U.S. Supreme Court of the trial court's dismissal of a client's lawsuit based on service requirements under the Suits in Admiralty Act where the provisions of the Act had been superseded by Rule 4 of the Federal Rules of Civil Procedure.
• Successfully represented client in appeal to the Texas Supreme Court involving whether worker for temporary agency who was injured on premises of client company was "covered by workers' compensation insurance" for purposes of the exclusive remedy provision in the Workers' Compensation Act.
• Successfully defended on appeal to the Fifth Circuit the district court's dismissal of a lawsuit against three energy companies by a Texas energy retailer based on the "filed rate doctrine" where the retailer alleged that the companies used their market position to create substantial price increases in the short-term energy market in violation of state and federal antitrust laws.
• Successfully represented employer and manager in mandamus proceeding challenging the trial court's denial of a motion to compel arbitration in a suit by a terminated securities broker for fraud, negligent misrepresentation and business disparagement.
• Successfully represented two large Texas hospitals in appeals from the denial of motions to dismiss the plaintiffs' health care liability claims based on the plaintiffs' failure to serve expert reports.
• Successfully defended partial summary judgment on behalf of City Controller on official immunity grounds in a suit brought by corporate CEO alleging libel, slander, intentional infliction of emotional distress, and constitutional violations related to audit of corporation's contract with the City.
• Successfully represented Texas hospital in court of appeals in case involving issue of first impression as to whether a health care provider could be liable for administering necessary life-sustaining medical care to a newborn contrary to the parents' instructions.
• Successfully defended take-nothing judgment in favor of estate in appeal of suit brought by claimants to recover for alleged unpaid accounts.
• Successfully defended on appeal a summary judgment in favor of mental health facility by former patient asserting claims of false imprisonment.
• Successfully represented claimants obtaining multi-million dollar judgment for property damage suffered as a result of natural gas pipeline explosion in appeal by pipeline companies.
• Successfully defeated claims of sovereign immunity asserted by governmental entity on appeal in suit filed on behalf of construction company.
• Successfully represented Commission for Lawyer Discipline of the State Bar of Texas in appeal by attorney disciplined for making a false statement to the court.
• Successfully represented hospital in appeal involving issue of whether hospital could be liable under ostensible agency theory for injuries minor child suffered during birth.
• Successfully defended legal malpractice claims asserted by condominium association against law firm on appeal based on law firm's alleged failure to sue surety on performance bond.
• Successfully represented Fortune 100 energy company in appeal involving whether company owed contractor's injured employee a duty to warn of the dangers of hydrogen sulfide gas.
• Successfully defended summary judgment for contractor who built major Houston high rise in appeal by condominium association to recover for alleged construction defects.