Texas Supreme Court Practice

Roach & Newton frequently represents clients at the Texas Supreme Court.  Our practice is uniquely informed by years of practice before the Court, study of the Court’s oral arguments and opinions, and familiarity with the Court’s petition for review process (as supplemented by one of the Court’s former staff attorneys).

Selected Representations:

  • Engaged by national pharmaceutical company in a case first impression regarding theory of fraudulent failure to warn patients directly of drug risks, and secured reversal and rendering in Texas Supreme Court based in part on novel argument regarding causation.
  • Engaged as lead appellate counsel in Houston court of appeals and Texas Supreme Court to appeal damage award, entered without any expert witness connecting the accident to the damages.  Resulted in Texas Supreme Court adopting the post hoc proctor hoc rule and invalidating causation where an expert causation opinion is required.
  • Engaged as lead appellate counsel in Austin court of appeals twice and in Texas Supreme Court twice regarding defamation, and ultimately resulting in reversal of most damage claims based on causation.
  • Engaged as lead appellate counsel in Houston court of appeals and Texas Supreme Court by large oil transportation company regarding explosion of multi-million dollar gas terminal, resulting in reversed judgment based on causation.
  • Engaged after trial by top pharmaceutical manufacturer to present oral argument in Texas Supreme Court as Petitioner opposite former Justice of that Court regarding product liability fraud case of first impression.  Coordinated closely with top national trial and appellate firm resulting in unanimous reversal.
  • Engaged after trial by Baptist church to present oral argument as Respondent to Texas Supreme Court resulting in Texas becoming an eight-corners state.  Coordinated closely with church’s primary trial and appellate law firm.
  • Engaged as Petitioner by largest international metals company to present oral argument in Texas Supreme Court to permit undesignated expert on gross negligence.  Coordinated closely with client’s national law firm.
  • Engaged by attorney client and top Texas trial firm to present oral argument to Texas Supreme Court regarding fiduciary duties and construction of attorney’s fee agreement.
  • Engaged by major national construction company to present oral argument in Texas Supreme Court as Respondent after that court granted review.  Engagement entailed close cooperation with national biglaw coverage firm and top Texas trial firm.
  • 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 as lead appellate counsel in Texas Supreme Court by oil and gas amici clients to successfully defend the insurability of punitive damages.
  • 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 by financial services company to bring mandamus in Texas Supreme Court over disqualification of law firm due to legal assistant having previously worked for opposing law firm.  Disqualification order reversed.
  • Engaged as lead appellate counsel in court of appeals and Texas Supreme Court by beneficiaries of an oil and gas trust to successfully defend against a case-ending mandamus in a $2B dispute.
  • Engaged as lead appellate counsel in Beaumont court of appeals and Texas Supreme Court by major oil company to appeal a declaratory judgment transferring ownership of oil and gas producing properties from the company, resulting in a reversal and render of the declaratory judgment action.
  • Engaged as lead appellate counsel in court of appeals and Texas Supreme Court by beneficiaries of an Oklahoma oil and gas trust to fend off a case-ending mandamus in a $2B dispute.
  • Engaged by New York-based oil company as lead appellate counsel in El Paso court of appeals and Texas Supreme Court regarding multi-million adverse judgment requiring reimbursement of their insurance company for misrepresentations in their insurance claim, resulting in reversal in El Paso and key affirmation in Texas Supreme Court.
  • Engaged as lead appellate counsel in Ft. Worth Court of Appeals and Texas Supreme Court by Ft. Worth-based oil and gas company regarding construction of oil and gas leases.
  • Engaged as lead appellate counsel by Texas-based independent oil and gas company to seek review by Texas Supreme Court of adverse judgment won by major oil company.