Appellate Excess Judgments

Possibly the deepest area of appellate expertise is in excess judgment appeals, including punitive and exemplary damages, gross negligence, fraud, and other intentional torts.

Selected Representations:

  • Engaged as appellate counsel for one of the largest metals companies to appeal gross negligence and punitive damages for one of their product lines, including a Cert Petition to the U.S. Supreme Court regarding a finding of gross negligence as a matter of law. Randy subsequently became the company’s national punitives counsel.
  • Engaged as lead appellate counsel to reverse a gross negligence and punitive damage award against an oil transportation company, resulting in a reversal and rendering judgment of no gross negligence despite the absence of any objection at trial to the gross negligence opinion of opponent’s expert witness.
  • Engaged by national oil company to appeal fraud component of a judgment for hundreds of millions, Roach Newton obtained a new interpretation contract of key provision on rehearing fostering settlement after briefing to Texas Supreme Court.
  • Engaged as lead appellate counsel by national pharmaceutical company to appeal fraud and punitive damage award, resulting in reversal and render in clients’ favor in Texas Supreme Court.
  • Engaged by major Dallas-based manufacturer as lead appellate counsel in 5th Circuit mandamus regarding in major False Claim Act obtaining declaration by court of applicable law that subsequently resulted in reversal of $700M award.
  • Engaged as lead appellate counsel in Texas Supreme Court by oil and gas amici clients to successfully defend the insurability of punitive damages.
  • Engaged as appellate lawyer and punitive specialist in multi-billion-dollar 100 plaintiff asbestos case resulting in zero punitive award based on arguments developed by Randy.
  • Engaged as lead appellate counsel by multiple oil and gas defendants found liable for fraud and punitive damages, resulting in a reverse and render of judgment in clients’ favor.
  • Engaged by nation’s largest landfill company as lead appellate counsel in court of appeals and Texas Supreme Court to reverse $50M punitive and actual damages award based on malice.
  • Engaged as lead appellate counsel after trial by construction company to appeal $51M punitive and actual damage award, resulting in lowering judgment to $6M, bond at $2M, and settlement before briefing on appeal.