Shipley Snell Montgomery LLP

Our lawyers have handled numerous appeals on behalf of appellants and appellees. Shipley Snell Montgomery has a working knowledge of appellate courts, with several lawyers who clerked in the federal appellate courts and with the Supreme Court of Texas. Our lawyers’ appellate successes include numerous published opinions.

Examples include:

Wärtsilä Finland Oy v. Duke Energy Int'l Guat. y CIA, S.C.A., 518 F.3d 287 (5th Cir. 2008): successful defense of a $16 million judgment enforcing an international arbitration award

IQ Prods. Co. v. Pennzoil Prods. Co., 305 F.3d 368 (5th Cir. 2002): successful defense of summary judgment on Lanham Act claims

In re Raymond James & Assocs., Inc., 196 S.W.3d 311 (Tex. App.—Houston [1st Dist.] 2006): successful mandamus proceedings to enforce arbitration agreements in securities litigation

Brown v. Pennzoil-Quaker State Co., 175 S.W.3d 431 (Tex. App.—Houston [1st Dist.] 2005, pet. denied): successful defense of personal injury claims stemming from refinery explosion

Koelsch v. Indus. Gas Supply Corp., 132 S.W.3d 494 (Tex. App.—Houston [1st Dist.] 2004, pet. denied): successful defense of trespass claims arising from natural gas transmission pipeline easement dispute

Pennzoil Co. v. Arnold Oil Co., 30 S.W.3d 494 (Tex. App.—San Antonio 2000, no pet.): successful mandamus proceedings to compel arbitration

Cardoza v. Reliant Energy HL&P, 2005 WL 1189649 (Tex. App.—Houston [1st Dist.] 2005, no pet.): successful defense of breach of warranty, spoliation, and negligence claims

CenterPoint Energy Houston Elec., L.L.C. v. Harris County Toll Road Auth., 436 F.3d 541 (5th Cir. 2006): successfully defended judgment for $10.2 million resulting from forced relocation of electrical and gas utility facilities from right-of-way

Elloway v. Pate, 238 S.W.3d 882 (Tex. App.—Houston [14th Dist.] 2007, no pet.): successfully defended jury verdict in favor of Pennzoil directors in shareholder action complaining of breaches of fiduciary duties in connection with Shell-Pennzoil merger

Verret v. Am. Biltrite, Inc., 2006 WL 2507318 (Tex. App.—Fort Worth 2006, pet. denied): successfully defended jury verdict in asbestos exposure case, despite jury charge error, by showing that error was harmless because of lack of evidence quantifying plaintiffs’ asbestos exposure with regard to each defendant

Oxy USA, Inc. v. Southwestern Energy Prod. Co., 161 S.W.3d 277 (Tex. App.—Corpus Christi 2005, pet. denied): successfully reversed summary judgment and obtained rendition that indemnity agreement covered intentional torts and was not against public policy

Schneider Nat’l Carriers, Inc. v. Bates, 147 S.W.3d 264 (Tex. 2004): successfully obtained reversal and rendition in favor of ship channel industries in nuisance case that established new principles to determine when a nuisance is temporary or permanent

Medallion Int’l Corp. v. Sylva, 2004 WL 1211613 (Tex. App.—Waco 2004, no pet.): successfully reversed summary judgment in case involving breach of international consulting contract

Atl. Lloyds Ins. Co. v. Butler, 137 S.W.3d 199 (Tex. App.—Houston [1st Dist.] 2004, pet. denied): successfully defended summary judgment on contract, fraud and misrepresentation, and insurance claims arising out of settlement of prior lawsuit

In re Union Carbide Corp., 2003 WL 22682301 (Tex. App.—Houston [1st Dist.] 2003, orig. proceeding): successfully obtained mandamus relief from order compelling production of privileged documents

Creel v. Houston Indus., Inc., 124 S.W.3d 742 (Tex. App.—Houston [1st Dist.] 2003, no pet.): successfully defended summary judgment based on construction of terms in severance agreement

Ball v. SBC Comm’ns, Inc., 2003 WL 2146729 (Tex. App.—San Antonio 2003, pet. denied): obtained affirmance of summary judgment in case involving alleged lack of insurable interest in employees covered by corporate-owned life insurance

Cardinal Health Staffing Network, Inc. v. Bowen, 106 S.W.3d 230 (Tex. App.—Houston [1st Dist.] 2003, no pet.): successfully defended denial of temporary injunction in interlocutory appeal involving covenant not to compete

Praytor v. Ford Motor Co., 97 S.W.3d 237 (Tex. App.—Houston [14th Dist.] 2002, no pet.): successfully defended no-evidence summary judgment based on lack of qualified and reliable expert testimony

Millan v. Dean Witter Reynolds, Inc., 90 S.W.3d 760 (Tex. App.—San Antonio 2002, pet. denied): successfully defended directed verdict that broker-dealer was not vicariously liable for broker’s fraud and stealing from client

Entex v. Gonzalez, 94 S.W.3d 1 (Tex. App.—Houston [14th Dist.] 2002, pet. denied): obtained reversal of jury verdict and rendition of judgment in defendant’s favor based on no duty to warn of dangers associated with floor-level water heater

Union Carbide v. Adams, 166 S.W.3d 1 (Tex. J.P.M.L. 2003): successfully petitioned for first statewide multidistrict litigation in Texas

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