Appellate and Legal Issues
Practice Group Chair: Robert B. Gilbreath
The Appellate and Legal Issues Practice Group specializes in appellate advocacy, complex legal issues, and scientific briefs. The group has expertise in all phases of litigation, from summary judgment to mandamus proceedings and appeals across all practice areas. The Appellate Group serves clients in both the federal and state appellate courts. They have appealed cases across a wide range of legal fields, including business torts, defamation, arbitration, class actions, securities, banking, personal injury, gas and oil, employment, insurance, family law and media.
Articles and publications
- Consent-by-Registration Theory of General Jurisdiction Rejected in New York Post-Daimler
- New York’s Court of Appeals Affirms the First Department’s Decision in Juni v. A.O. Smith
- Refreshingly Boring? High Court Considers Statutory Context
- How Settlement Credits Work: Indiana
- How High Court May Rule On The Bare-Metal Defense
- Who Goes on the Verdict Form: Is There Causative or Fault-based Apportionment in Indiana?
- How Settlement Credits Work: Washington
- How Settlement Credits Work: New Mexico
- Looking Forward To Oral Argument In BNSF V. Loos
- Cautious Optimism Over the Increasingly Prevalent Alternative Fee Arrangements
- New Jersey Appellate Division Makes Drastic Changes to Cross-Claim Requirements for Asbestos Defendants
- How Settlement Credits Work: South Carolina
- Amending FELA Judgments for Tax Withholdings: Supreme Court Set To Resolve Circuit Split
- The Last Hurrah for Last Clear Chance?
- Texas Supreme Court Adopts “Sham Affidavit Rule”
- Who Goes on the Verdict Form: Tinkering Toward Utopia Leads to Complexity in Connecticut
- Two Years of Asbestos Trust Transparency in Texas
- Florida Standard for Determining the Admissibility of Expert Witness Testimony — Hellhole or Dark Ages?
- Skeletons as Party Favors
- Damages: A View From the Defense Perspective
- Employers: Are You Completely Protected by the Workers’ Compensation Bar?
- Long-Arm Jurisdiction in Georgia
- The Quality of Mercy Is Not Strained, Except When It Comes to Late Notice of Appeal: A Proposal to Amend Texas Rules of Appellate Procedure 2 and 26.3
- Limitation of Expert Trial Testimony: Using California Evidence Code 721, as a Sword and Shield
- The Surrounding Circumstances Doctrine for Contract Construction
- The Way Forward in Georgia: Duplicative Claims in Malpractice Litigation
- The Current State of Spoliation Law in the State Courts of Georgia
- Reversed. Now what?
- Who Goes on the Verdict Form: South Carolina Law Needs Clarification
- What Happens When Your Arbitrator is AWOL?
- Putting an End to Punitive Damages for 'Fraudulent Fraud'
- Texas Law Controls That Issue(?) Don’t Bet on It
- 4 Contract Clauses You Don’t Know How to Draft
- The Texas Supreme Court Overhauls the Minority Shareholder Oppression Doctrine
- May a Party's Lawyer Prosecute Criminal Contempt Charges Against the Opposing Party?
- Don't Ruin the Texas Jury Charge
- Review of Arbitration Awards After Hall Street Associates v. Mattel
- The Supreme Court of Texas and the Emancipation Cases
- Slaves, Reconstruction, and the Supreme Court of Texas
- Should We Abandon the Consideration Requirement?
- Crafting a Court's Charge From the Defense Perspective
- Lost Secret Revealed: The Seven ABCs of Successful Appellate Advocacy
- Improper Jury Argument: To Object or Not to Object?
- Crown Life Ins. Co. v. Casteel: Return of the Prodigal Son
- Superseding the "Other Judgment"
- Working Together: Some Practical Advice for Lawyers and Forensic Economists
- Tape Recording of Conversations: Ethics, Legality, and Admissibility
- Caught in a Crossfire
- Religious Freedom Texas Style
- Tunnel Vision: Appellate Review of a Summary Judgment Order Stating a Specific Ground as the Basis for the Judgment
- Appellate Review of a Jury's Finding of "Zero Damages"
- Claims and Litigation Management Alliance: 2018 Midwest Conference
- Atlanta Claims Association: Annual Education Conference
- Rob Gilbreath to Argue in Supreme Court of Texas Regarding Criminal Contempt Finding
- Rob Gilbreath Speaks to DBA on Appellate Judges' Likes and Dislikes
- Rob Gilbreath Speaks at 25th Annual Advanced Personal Injury Law Course
- Amicus Brief Filed in the Supreme Court of Georgia on the Applicability of Assumption of the Risk
- HPY Named to Honor Roll for Commercial Litigation by BTI Consulting Group
- HPY Secures Dismissal for Retailer in California for Lack of Jurisdiction
- Seventeen Selected to The Best Lawyers in America© 2019
- HPY Elects Eight New Partners
- Supreme Court Set To Resolve Circuit Split in BNSF v. Loos
- Arizona Supreme Court Rules Employer Owed No Duty to Family Member Alleging Take-Home Toxic Exposure
- Louisiana Court of Appeals Rules Class Certification Improper
- Seventeen Lawyers Selected to The Best Lawyers in America© 2018
- Dallas Police and Fire Pension System Prevails in Texas Court of Appeals
- Louisiana Court of Appeals Sets Aside Trial Court Order in Chemical Fumes Exposure Case
- Delaware Supreme Court Affirms Summary Judgment for Reichhold
- Georgia Court of Appeals Reverses Denial of Summary Judgment to Contractor on Causation in Mold Exposure Case
- Texas Court of Appeals Overturns Trial Court Under Anti-SLAPP Act
- Arizona Court of Appeals Finds "No Duty" in Take-Home Asbestos Case
- Sixteen Lawyers Selected to The Best Lawyers in America© 2017
- Georgia Supreme Court to Address “Every Exposure” Theory of Causation in Asbestos Cases
- HPY Obtains Reversal of $36 Million Judgment Against Clients
- Seventeen Lawyers Selected to The Best Lawyers in America© 2016
- Third Circuit Court of Appeals Affirms Trial Court Dismissal Of Claims Against Premises Owner Client In Take-Home Multi-Substance Toxic Exposure Case
- HPY Victory at Texas Supreme Court Leads to $7.4M Verdict for Client
- Supreme Court of Texas Ruling Entitles Clients to Recover Millions
- Rob Gilbreath Achieves Appellate Victory in Texas
- Appellate Specialist Rob Gilbreath Persuades Texas Supreme Court To Overhaul the Minority Shareholder Oppression Doctrine
- Texas Supreme Court Nixes Minority Shareholder Oppression Claims
- Rob Gilbreath and Ed Slaughter Win Arizona Supreme Court Case Affirming Summary Judgment and Application of Foreign Law
- Rob Gilbreath Wins Inverse Condemnation Case in Texas Supreme Court
- Texas Supreme Court Grants Review in Case Filed by Client
- Texas Supreme Court Grants Client's Petition for Review in Minority Shareholder Oppression Case
- California Court of Appeals Affirms Award of Costs to HPY's Client
- Arizona Court of Appeals Applies New Mexico Statute of Repose Upholding Dismissal of Mesothelioma Lawsuit Brought Against Design Engineer
- Texas Court of Appeals Rules in Favor of Client J.P. Morgan Chase Bank, N.A.
- Ed Slaughter to Argue Before Arizona Court of Appeals
- Ed Slaughter Argues before California Court of Appeal
- Rob Gilbreath Argues Venue Issue in the Fourth Court of Appeals for the State of Texas
- Appellate Specialist Rob Gilbreath Helps Preserve Significant Win at Texas Supreme Court
- Fourteen Lawyers from HPY Selected for Inclusion in The Best Lawyers in America® 2012
- Florida Supreme Court Holds Retroactive Application of Medical Criteria Unconstitutional
- 1st District Court of Appeals of Texas Finds Medical Criteria Bill Unconstitutional When Retroactively Applied
- HPY Steps In to Secure Last Minute Stay From Appellate Court
- Ed Slaughter Wins Dismissal of Mesothelioma Case in Arizona
- David Marshall and Eric Ludwig Prevail Before the Kentucky Supreme Court
- Rob Gilbreath Argued in Supreme Court of Texas on Criminal Contempt Finding
- Eleventh Circuit Affirms Preliminary Injunction for HPY Client in Lanham Act False Advertising Case
- Georgia Supreme Court Affirms Summary Judgment in Legal Malpractice Case
- Rob Gilbreath Secures Texas Supreme Court Victory for Merrill Lynch
- HPY Secures Supreme Court Victory in Arizona
- Rob Gilbreath Featured in Texas Lawyer Article
- Rob Gilbreath Secures Victory in Texas Supreme Court for D.R. Horton
- Davis (Fletcher), Evelyn
- Groch, Jason
- Keith, C. Shane
- Lazzaroni, Teresa E.
- Levinson, Martin A.
- Sexton, Trace
- Sprinkle, Brian W.
- Whitaker, Pilar C.
- Whitlock, Kathryn S.
- Presson, Ashley R.
- Goldhaber, Catherine E.
- Schirm, Barry R.
- Freed, David E.
- Guevara, Manuel A.
- Kelly, Elizabeth
- Goldhaber, Catherine E.