Appellate Practice

Brown Sims complements its strong trial practice with an equally robust appellate practice. The firm defends its clients’ victories and works to correct their rare losses. Brown Sims also handles appeals of cases tried by other firms.

An Appeal Can Work a Reversal of Fortune or Misfortune

It is axiomatic that trials have winners and losers. A victory at the courthouse, however, may not end the legal dispute. Complex and significant cases almost certainly result in one or both parties appealing the verdict. These appeals can be complicated and protracted.

A badly handled appeal can turn a win into a loss, while deft counsel can often find victory in defeat.

Seeing the Forest and the Trees

The decision to appeal is never routine. Every loss should not be challenged. Many of our clients are industry leaders that must measure the cost of the issue in dispute against the value of the expected precedent. Brown Sims counsels its clients about the wisdom of every appeal, helping them weigh the law and the facts while considering potential short-term benefits and long-term impacts. In helping its clients make an informed decision whether to pursue an appeal, the firm makes sure the law it makes has the best chance to be “good law”.

State and Federal Appellate Practice

Brown Sims is adept at state civil appellate practice at all levels, including appeals and original actions in the Supreme Court of Texas, the Louisiana Supreme Court, and the Florida Supreme Court.

Brown Sims is equally adroit in all aspects of federal civil appellate practice from the circuit courts to the Supreme Court of the United States.

Diversity in Trial Experience Matched by Diversity in Appellate Experience

The scope of the firm’s appellate practice matches its trial practice. Whether the issue involves general commercial disputes, contract, business torts, mass torts, personal injury, oil and gas, wrongful death, labor law, worker’s compensation, condemnation, or insurance bad faith, Brown Sims helps its clients identify, understand, and prevail in their appeals.

Examples of Appeals Handled by Brown Sims:

  • Gabarick v. Laurin Mar. (Am.) Inc., 650 F.3d 545, 550 (5th Cir. La. 2011)
  • Ramirez v. Am. Pollution Control Corp., 418 Fed. Appx. 287 (5th Cir. Tex. 2011)
  • Humphrey v. AIG Life Ins. Co., 2010 Tex. App. LEXIS 4961 (Tex. App. Houston 14th Dist. July 1, 2010, pet. denied)
  • Offshore Drilling Co v. Gulf Copper & Mfg. Corp, 604 F.3d 221 (5th Cir. Tex. 2010)
  • Cunningham Lindsey Claims Mgmt., Inc. v. Snyder, 291 S.W.3d 472 (Tex. App. Houston 14th Dist. 2009, pet. denied)
  • Zurich Am. Ins. Co. v. Nokia, Inc., 268 S.W.3d 487 (Tex. 2008)
  • Martin Midstream Partners v. Boone Towing Inc., 225 Fed. Appx. 265 (5th Cir. Tex. 2007)

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