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Appellate Law
Cooper & Scully’s appellate team has experience in all aspects of appellate practice, ranging from evaluating potential appeals and original proceedings to perfecting appeal to preparing briefs and petitions for writ of mandamus to oral argument. Our appellate attorneys have briefed and argued several landmark cases in the Texas Supreme Court, Texas intermediate appellate courts, and federal appeals courts, creating both procedural and substantive law. As a result, clients frequently ask Cooper & Scully to take over their cases on appeal, and the firm routinely receives referral appeals from many established attorneys throughout the state.
In addition, our appellate section provides litigation support for our trial teams throughout all stages of the litigation to protect our clients' interests in the event of an appeal. The appellate attorneys draft and argue complex discovery motions, dispositive motions, expert challenges, trial briefs, and jury charges. Of course, our appellate attorneys also assist with preservation of error at trial. Following the jury's verdict, our appellate team steps in to handle post-verdict motions, preparation of the judgment, and perfection of any appeal.
Several attorneys on our appellate team clerked for state and federal judges, giving them special behind-the-scenes insight to the adjudicative process. Also, various state bar and continuing education groups ask our appellate attorneys to give presentations on important topics relating to appeals, preservation of error, and ever-changing Texas law.
Representative Cases:
PHC-Minden, L.P. v. Kimberly-Clark Corp., S.W.3d , 2007 WL 2457843, 50 Tex. Sup. Ct. J. 1153 (Tex., August 31, 2007)
Bay Area Healthcare Group, Ltd. v. McShane, 2007 WL 1650767 (Tex., June 8, 2007), 50 Tex. Sup. Ct. J. 866.
Jackson v. Axelrad, 221 S.W.3d 650, 50 Tex.Sup.Ct.J. 628 (Tex. April 20, 2007)
Schaub v. Sanchez, 229 S.W.3d 322 (Tex. 2007)
In Re Smith, 192 S.W.3d 561 (Tex. 2006)
State Farm Mut. Auto. Ins. Co. v. Nickerson, 216 S.W.3d 823 (Tex. 2006) (no attorneys' fees recoverable in UM suit if insurer pays within 30 days of judgment)
IHS Cedars Treatment Ctr. v. Mason, 143 S.W.3d 794 (Tex. 2004) (defendants' conduct too remote from injury to be proximate cause)
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