Appellate

The Appellate Section includes four attorneys who are Board Certified in Civil Appellate Law by the Texas Board of Legal Specialization. Many of Thompson Coe’s attorneys are former briefing attorneys or law clerks for state and federal judges. Thompson Coe’s appellate attorneys have successfully represented litigants in important cases decided by Texas appellate courts, federal appellate courts, including the Supreme Court and Fifth and Ninth Circuits, and other appellate courts in California, Minnesota, and across the country.

The Appellate Section’s expertise spans a wide array of legal issues in areas such as products liability, personal injury, professional liability, insurance coverage and bad faith, commercial, labor and employment, and class actions. Thompson Coe’s appellate attorneys routinely file amicus curiae briefs for clients with a special interest in pending appellate proceedings. In addition to handling appeals, Thompson Coe’s appellate attorneys have substantial experience with mandamus proceedings in appellate courts.

Thompson Coe’s appellate attorneys also team with the firm's trial attorneys and outside trial counsel in preserving error and briefing legal issues at the pretrial, trial, and post-trial stages. The Appellate Section's involvement in trial court proceedings includes drafting of pretrial motions such as forum non conveniens, Daubert, and summary judgment motions; preparing jury questions and instructions and handling of the jury charge conference; and drafting of post-trial motions such as motions for new trial.

Reported Insurance Cases

  • Tolbert v. Nat. Union Fire Ins. Co. of Pittsburgh, 657 F.3d 262 (5th Cir. 2011) (affirming the trial court’s summary judgment in favor of disability insurer on DTPA and Texas Insurance Code claims).
  • Delta Seaboard Well Servs. Inc. v. Am. Int’l Specialty Lines Ins. Co., 602 F.3d 340 (5th Cir. 2010) (affirming summary judgment in favor of excess insurer on contribution claim).
  • Trinity Univ. Ins. Co. v. Emp’rs Mut. Cas. Co., 592 F.3d 687 (5th Cir. 2010) (holding that insurer could maintain contribution claim against co-insurer to recover proportionate share of costs to defend common insured).
  • Cantu v. Jackson Nat’l Life Ins. Co., 579 F.3d 434 (5th Cir. 2009) (affirming summary judgment for insurer in action to collect life insurance proceeds).
  • United Nat’l Ins. Co. v. Hydro Tank, Inc., 525 F.3d 400 (5th Cir. 2008) (affirming summary judgment for liability insurer based on a pollution exclusion).
  • Chrysler Ins. Co. v. Greenspoint Dodge of Houston, Inc., 297 S.W.3d 248 (Tex. 2009) (reversing damages award against liability insurer based on policy’s defamation exclusion).
  • Allstate Indem. Co. v. Forth, 204 S.W.3d 795 (Tex. 2006) (per curiam) (holding that insured lacked standing to sue auto insurer for how it settled bills with her medical providers).
  • In re Vesta Ins. Grp., Inc., 192 S.W.3d 759 (Tex. 2006) (orig. proceeding) (granting mandamus relief to enforce arbitration clause in agency agreement).
  • Thomas v. Am. Home Assurance Co., 403 S.W.3d 512 (Tex. App.—Dallas 2013, no pet.) (affirming dismissal of employee’s worker’s compensation bad faith claims for failure to exhaust administrative remedies).
  • U.S. Fire Ins. Co. v. Lynd Co., 399 S.W.3d 206 (Tex. App.—San Antonio 2012, pet. denied) (reversing partial summary judgment for insured on claim under commercial property policy).
  • KLN Steel Prods. Co., Ltd. v. CNA Ins. Co., 278 S.W.3d 429 (Tex. App.—San Antonio 2008, pet. denied) (reversing and rendering summary judgment for primary and excess liability insurers).
  • U.S. Fire Ins. Co. v. Scottsdale Ins. Co., 264 S.W.3d 160 (Tex. App.—Dallas 2008, no pet.) (modifying judgment for excess insurer on subrogation claim, reducing recoverable defense costs).
  • Allstate Ins. Co. v. Hunter, 242 S.W.3d 137 (Tex. App.—Fort Worth 2007, no pet.) (reversing judgment on jury verdict and rendering a take-nothing judgment for homeowner’s insurer on mold claim).
  • Mendez v. Allstate Prop & Cas. Ins. Co., 231 S.W.3d 581 (Tex. App.—Dallas 2007, no pet.) (affirming summary judgment for auto insurer based on insured’s failure to protect insurer’s subrogation right).
  • Rotating Servs. Indus., Inc. v. Harris, 245 S.W.3d 476 (Tex. App.—Houston [1st Dist.] 2007, pet. denied) (affirming summary judgment for insurer holding that employer was not a third- party beneficiary of and had no vested interest in employee’s life insurance policy).
  • Allstate Ins. Co. v. Edminster, 224 S.W.3d 456 (Tex. App.—Dallas 2007, no pet.) (reversing and remanding summary judgment for insured on claim for attorney’s fees under common fund doctrine).
  • Bennett v. Sec. Ins. Co. of Hartford, 160 S.W.3d 213 (Tex. App.—Dallas 2005, pet. denied) (affirming take nothing judgment for workers’ compensation insurer in bad faith case). 

Reported Professional Liability Cases

  • Pierre v. Steinbach, 378 S.W.3d 529 (Tex. App.—Dallas 2012, no pet.) (reversing judgment on jury verdict and rendering judgment for attorney and law firm in legal malpractice case).
  • In re Smith, 366 S.W.3d 282 (Tex. App.—Dallas 2012, orig. proceeding) (granting mandamus relief from trial court’s denial of motion for leave to designate a responsible third party in legal malpractice action).
  • Garcia v. Huerta, 340 S.W.3d 864 (Tex. App.—San Antonio 2011, pet. denied) (reversing order that reconsidered and vacated order granting real estate agent’s motion to compel arbitration in interlocutory appeal).
  • In re Wells Fargo Bank, N.A., 300 S.W.3d 818 (Tex. App.—San Antonio 2009, orig. proceeding) (granting mandamus relief and ordering trial court to grant real estate agent’s motion to compel arbitration).
  • First State Bank of Mesquite v. Bellinger & Dewolf, LLP, 342 S.W.3d 142 (Tex. App.—El Paso 2011, no pet.) (affirming summary judgment and trial court’s order dismissing RICO claims against law firm).
  • Zeifman v. Nowlin, 322 S.W.3d 804 (Tex. App.—Austin 2010, no pet.) (affirming summary judgment and sanctions order against father who sued amicus attorney appointed to protect child’s interests).
  • Kemp v. Jensen, 329 S.W.3d 866 (Tex. App.—Eastland 2010, pet. denied) (affirming the trial court’s summary judgment for attorney in legal malpractice action).
  • Gordon & Doner, P.A. v. Joros, 287 S.W.3d 325 (Tex. App.—Fort Worth 2009, no pet.) (reversing trial court’s order denying law firm’s special appearance and dismissing claims against firm for lack of personal jurisdiction).
  • McGuire, Craddock, Strother & Hale, P.C. v. Transcon. Realty Investors, Inc., 251 S.W.3d 890 (Tex. App.—Dallas 2008, pet. denied) (reversing judgment notwithstanding the verdict for clients in law firm’s action to collect unpaid fees and remanding for entry of judgment in firm’s favor).
  • F.W. Indus., Inc. v. McKeehan, 198 S.W.3d 217 (Tex. App.—Eastland 2005, no pet.) (affirming summary judgment for attorney based on lack of evidence of causation in legal malpractice action).

Reported Personal Injury/Product Liability Cases

  • Ford Motor Co. v. Garcia, No. 363 S.W.3d 573 (Tex. 2012) (reversing award of guardian ad litem fees based on insufficiency of evidence that ad litem personally performed services or that services were necessary to the limited task for which he was appointed).
  • In re Ford Motor Co., 591 F.3d 406 (5th Cir. 2009) (granting mandamus relief and ordering district court to dismiss group of product liability actions based on forum non conveniens).
  • Ford Motor Co. v. Stewart, Cox, and Hatcher, P.S., 390 S.W.3d 294 (Tex. 2013) (reversing an award of guardian ad litem fees when there was no apparent conflict of interest between the next friend and injured minor in product liability action).
  • Ford Motor Co. v. Chacon, 370 S.W.3d 359 (Tex. 2012) (reversing award of guardian ad litem fees for work done outside the scope of the guardian’s appointment).
  • Allen Keller Co. v. Foreman, 343 S.W.3d 420 (Tex. 2011) (reversing and rendering judgment for contractor based on lack of duty to rectify or warn of dangerous condition allegedly created by contractor’s work in premises liability case).
  • Ford Motor Co. v. Castillo, 279 S.W.3d 656 (Tex. 2009) (reversing summary judgment against auto manufacturer in action for breach of settlement agreement and remanding for discovery on juror misconduct).
  • Ford Motor Co. v. Ledesma, 242 S.W.3d 32 (Tex. 2007) (reversing judgment for plaintiff based on improper jury instructions in product liability action).
  • In re Ford Motor Co., 211 S.W.3d 295 (Tex. 2006) (granting mandamus relief from trial court order declaring that certain confidential documents had become non-confidential).
  • Land Rover U.K., Ltd. v. Hinojosa, 210 S.W.3d 604 (Tex. 2006) (reversing $25,000 award to attorney ad litem).
  • In re Ford Motor Co., 165 S.W.3d 315 (Tex. 2005) (granting mandamus relief after trial court denied motion for legislative continuance).
  • Brinker v. Evans, 370 S.W.3d 416 (Tex. App.—Amarillo 2012, pet. denied) (affirming the trial court’s grant of a directed verdict on plaintiff’s claims in personal injury action).
  • Ford Motor Co. v. Wiles, 353 S.W.3d 198 (Tex. App.—Dallas 2011, pet. denied) (reversing $7.7 million judgment and rendering take nothing judgment for defendant based on legal insufficiency of plaintiff’s expert testimony on safer alternative design).
  • Crowson v. Bowen, 320 S.W.3d 486 (Tex. App.—Fort Worth 2010, no pet.) (affirming take nothing judgment for defendants in personal injury action).
  • Ford Motor Co. v. Villanueva, 302 S.W.3d 476 (Tex. App.—Eastland 2009, no pet.) (reversing and modifying conditions of dismissal in forum non conveniens dismissal order).
  • Hunter v. Ford Motor Co., Inc., 305 S.W.3d 202 (Tex. App.—Waco 2009, no pet.) (affirming take nothing judgment for automobile manufacturer in design defect case).
  • Dyess v. Harris, 321 S.W.3d 9 (Tex. App.—Houston [1st Dist.] 2009, pet. denied) (affirming summary judgment for defendants based on lack of duty in personal injury action).
  • Bullard v. Lynde, 292 S.W.3d 142 (Tex. App.—Dallas 2009, no pet.) (reversing trial court’s judgment notwithstanding the verdict awarding plaintiff over $14,000 in additional damages in personal injury action).
  • Union Carbide Corp. v. Loftin, 256 S.W.3d 869 (Tex. App.—Beaumont 2008, pet. dism’d) (reversing, in part, the trial court’s denial of defendants’ motion to transfer venue in toxic tort case).
  • Parker v. Cumming, 216 S.W.3d 905 (Tex. App.—Eastland 2007, pet. denied) (affirming summary judgment on limitations grounds in product liability action).
  • Hutton v. AER Mfg. II, Inc., 224 S.W.3d 459 (Tex. App.—Dallas 2007, pet. denied) (affirming take nothing judgment against plaintiff in negligence action).
  • In re Ben E. Keith Co. 198 S.W. 3d 844 ((Tex. App.—Fort Worth 2006, pet. denied) (granting mandamus relief in part and ordering severance of chili manufacturer's claims against distributor).

Reported Medical Liability Cases

  • In Re Radmax, 720 F.3d 285 (5th Cir. 2013) (granting mandamus  relief in a case of first impression before the court)
  • Univ. of Tex. Med. Branch at Galveston v. Tatum, 389 S.W.3d 457 (Tex. App.—Houston [1st Dist. 2012, no pet.) (reversing trial court’s denial of plea to the jurisdiction and ordering dismissal of medical malpractice claims against state university medical branch based on governmental immunity).
  • Simonson v. Keppard, 225 S.W.3d 868 (Tex. App.—Dallas 2007, no pet.) (partially dismissing suit against nurse practitioner based on an inadequate expert report).

Reported Miscellaneous Cases

  • Keelan v. Majesco Software, Inc., 407 F.3d 332 (5th Cir. 2005) (affirming summary judgment for employers in employment discrimination case).
  • Packard Eng’g Assoc. v. Sally Grp., L.L.C., 398 S.W.3d 389 (Tex. App.—Beaumont 2013, no pet.) (reversing the trial court’s denial of defendant’s motion to dismiss plaintiff’s fraud claims).
  • Beal Bank v. Gilbert, 417 S.W.3d 704 (Tex. App.—Dallas 2013, no pet.) (affirming trial court’s ruling that judgment debtor’s transfer of sole management property to trust was not fraudulent).
  • Cortez v. Johnston, 378 S.W.3d 468 (Tex. App.—Texarkana 2012, pet. denied) (affirming trial court’s order that certain documents were court records in defamation action).
  • Best Auto v. Autohaus, LLC, 339 S.W.3d 372 (Tex. App.—Dallas 2011, no pet.) (affirming a dealership servicer’s no-evidence motion for summary judgment in DTPA action).
  • Austin v. Countrywide Homes Loans, 261 S.W.3d 68 (Tex. App.—Houston [1st Dist.] 2008, pet. denied) (affirming summary judgment for loan company in action to enforce promissory note).
  • Dallas Fort Worth Int’l Airport Bd. v. Cox, 261 S.W.3d 378 (Tex. App.—Dallas 2008, no pet.) (affirming dismissal of class action alleging violations of the Texas “prevailing wage” statute).
  • Pepi Corp. v. Galliford, 254 S.W.3d 457 (Tex. App.—Houston [1st Dist.] 2007, pet. denied) (reversing and rendering judgment against subcontractor in quantum meruit action).