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Dallas Arbitrator, Appellate Attorney Deborah Hankinson to Discuss Effective Arbitration

DALLAS – Dallas arbitrator and appellate attorney Deborah Hankinson will be a featured speaker in a national conference of lawyers, arbitrators and business people addressing arbitration trends and methods for keeping arbitrations from getting out of control. Hankinson, a former Texas Supreme Court justice and… + read more

DALLAS – Dallas arbitrator and appellate attorney Deborah Hankinson will be a featured speaker in a national conference of lawyers, arbitrators and business people addressing arbitration trends and methods for keeping arbitrations from getting out of control.

Hankinson, a former Texas Supreme Court justice and founder of Hankinson LLP, will participate in the panel presentation, “How to Prevent a Runaway Arbitration,” during the American Bar Association Section of Litigation Annual CLE Conference on April 19 in Washington, D.C. The panel will offer practical solutions to help in-house and outside counsel ensure that arbitration remains a cost-effective and efficient alternative to
litigation.

Along with Ms. Hankinson, the panel will include Crowell & Moring LLP Partner Kathryn Kirmayer.  Patricia O’Prey, senior counsel – investigations at GE Capital Americas, will moderate the panel.

“Arbitration is an excellent dispute-resolution tool – when it is used properly,” Hankinson says. “As someone who knows the process, I know it’s my job to keep things on track and to be fair to all. That’s what we plan to discuss.”

In addition to her appellate work, Hankinson’s nationally prominent practice includes serving in arbitrator and mediator roles in disputes. She serves on the Board of Directors of the American Arbitration Association and is a member of the association’s national roster of neutrals. She also consults with trial lawyers with regard to trial strategy and appellate briefs, offering insight as to how appellate courts might view critical issues.

Hankinson is also a former justice on the Fifth District Court of Appeals in Dallas. She is Board Certified in Civil Appellate Law by the Texas Board of Legal Specialization and is a fellow of the American Academy of Appellate Lawyers.

Hankinson LLP, the preeminent civil appellate firm in the Southwest, provides clients with innovative legal insights and judicial perspective in all phases of litigation. The firm’s attorneys work with trial teams to develop strategies designed to put a case in the best position before, during, and after trial. Hankinson LLP represents national clients, regional companies, governmental bodies, and individuals with trial and appellate matters, and offers mediation and arbitration services as well. Learn more about the
firm at http://hankinsonlaw.com.

 

Dallas Appellate Attorney Deborah Hankinson Honored in D Magazine’s 2012 “Best Lawyers” List

DALLAS – Hankinson LLP founder Deborah Hankinson has earned a place on D Magazine’s 2012 listing of “The Best Lawyers in Dallas” based on her work for business clients in appellate cases, mediations and arbitrations, and trial consulting. This is the seventh time that D… + read more

Attorney:

DALLAS – Hankinson LLP founder Deborah Hankinson has earned a place on D Magazine’s 2012 listing of “The Best Lawyers in Dallas” based on her work for business clients in appellate cases, mediations and arbitrations, and trial consulting.

This is the seventh time that D Magazine has named Ms. Hankinson to its “Best Lawyers”  list. In 2010, the magazine also named her to its list of the best women lawyers in Dallas.

“I am again humbled to receive this honor in a city with so many great attorneys,” Ms. Hankinson says. “It’s an honor not only for me, but also for all of the attorneys at Hankinson LLP who work hard on a daily basis to make sure our clients receive the best appellate representation possible.”

To assemble the exclusive listing of Dallas’ top attorneys, the editors of D Magazine sought nominations from lawyers citywide. A blue-ribbon panel of lawyers met with magazine editors and approved the list, which covers 18 practice areas and will appear in the May 2012 issue of D Magazine.

In addition to her work as a trial and appellate lawyer, Ms. Hankinson served as a Justice
on the Fifth District Court of Appeals in Dallas and the Supreme Court of Texas. She is Board Certified in Civil Appellate Law by the Texas Board of Legal Specialization. She is a fellow of the American Academy of Appellate Lawyers and serves on the Board of Directors of the American Arbitration Association.

The recognition from D Magazine is just the latest in a long line of similar honors for Ms. Hankinson. In 2011, Texas Super Lawyers magazine named her to a list of the Top 10 attorneys in Texas. Her work also has been recognized by The Best Lawyers in America, Chambers USA, Texas Lawyer and the Dallas Business Journal, among others.

Hankinson LLP, the preeminent civil appellate firm in the Southwest, provides clients with innovative legal insights and judicial perspective in all phases of litigation. The firm’s attorneys work with trial teams to develop strategies designed to put a case in the best position before, during, and after trial. Hankinson LLP represents national clients, regional companies, governmental bodies, and individuals with trial and appellate matters, and offers mediation and arbitration services as well. Learn more about the firm at http://hankinsonlaw.com.

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Austin Appellate Lawyer Ryan Clinton Named to 2012 Texas Rising Stars List

DALLAS – The appellate law work of Hankinson LLP attorney Ryan Clinton has landed him on the 2012 Texas Rising Stars list, which highlights Texas’ brightest young legal minds. This marks the eighth time Mr. Clinton has earned selection to the Texas Rising Stars list.… + read more

Attorney:

DALLAS – The appellate law work of Hankinson LLP attorney Ryan Clinton has landed him on the 2012 Texas Rising Stars list, which highlights Texas’ brightest young legal minds.

This marks the eighth time Mr. Clinton has earned selection to the Texas Rising Stars list. The 2012 edition appears in the April issue of Texas Monthly and Texas Rising Stars magazines. No more than 2.5 percent of all Texas attorneys are named to the list, which identifies the state’s up-and-coming lawyers through a peer-nomination process.

“We’re glad the publishers at Texas Rising Stars think as highly of Ryan as we do,” says Rick Thompson, managing partner for Dallas-based Hankinson LLP. “He has established a strong presence in both state and federal courts on behalf of our Austin office. We’re proud to say he’s our colleague.”

Mr. Clinton’s accolades and accomplishments are numerous.  He has successfully delivered well over a dozen oral arguments in Texas appellate courts, including four in the Texas Supreme Court.  As a former state assistant solicitor general, Mr. Clinton has earned a reputation for effectively handling impactful and high-profile cases.

Beyond his legal track record, Mr. Clinton is a strong advocate for animal welfare, receiving the Oakland, Calif.-based No Kill Advocacy Center’s Henry Bergh Leadership Award in 2009 based on his work to reform animal shelters locally and nationally. Mr. Clinton’s written commentaries have been published in newspapers across the country, and his work on behalf of companion animals has received national and international coverage.

Hankinson LLP, the preeminent civil appellate firm in the Southwest, provides clients with innovative legal insights and judicial perspective in all phases of litigation. The firm’s attorneys work with trial teams to develop strategies designed to put a case in the best position before, during, and after trial. Hankinson LLP represents national clients, regional companies, governmental bodies, and individuals with trial and appellate matters, and offers mediation and arbitration services as well. Learn more about the firm  at http://hankinsonlaw.com.

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Dallas Attorney Deborah Hankinson Named to American Academy of Appellate Lawyers

DALLAS – Noted appellate lawyer Deborah Hankinson, founder of Dallas-based Hankinson LLP, has been elected to the American Academy of Appellate Lawyers, an honor reserved for attorneys with a reputation for excellence in appellate work. The American Academy of Appellate Lawyers was established in 1990… + read more

Attorney:

DALLAS – Noted appellate lawyer Deborah Hankinson, founder of Dallas-based Hankinson LLP, has been elected to the American Academy of Appellate Lawyers, an honor reserved for attorneys with a reputation for excellence in appellate work.

The American Academy of Appellate Lawyers was established in 1990 to advance the standards and practices of appellate advocacy and to acknowledge outstanding appellate lawyers. Membership is based on nominations by existing fellows as well as recommendations from judges and practitioners. The academy limits membership to no more than 500 people in the United States, and requires that nominees have spent at least 15 years in practice devoted substantially to appeals.

“I’m humbled by this honor and believe strongly in the academy’s mission,” says Ms. Hankinson.

In addition to appellate law, Ms. Hankinson’s practice includes substantial work in the area of alternative dispute resolution, including regular work as a mediator and arbitrator in cases involving a variety of complex legal issues.

Ms. Hankinson is a former Justice of the Supreme Court of Texas and the Fifth District Court of Appeals in Dallas.

In addition to this latest honor, Ms. Hankinson has earned multiple selections to the Texas Super Lawyers list published by Thomson Reuters legal division and Texas Monthly. In 2011, she was named one of the state’s Top 10 attorneys in the Texas Super Lawyers listing.  Additionally, her work has been repeatedly recognized by The Best Lawyers in America and Chambers USA. This fall, she also was named to the “Winning Women” list published by Texas Lawyer.

“We’re very proud that Deborah has earned this recognition,” says Hankinson LLP Managing Partner Rick Thompson. “The academy has formally stated what we’ve known all along: Deborah is a rare and talented appellate lawyer.”

Hankinson LLP, the preeminent civil appellate firm in the Southwest, provides clients with innovative legal insights and judicial perspective in all phases of litigation. The firm’s attorneys work with trial teams to develop strategies designed to put a case in the best position before, during, and after trial. Hankinson LLP represents national clients, regional companies, governmental bodies, and individuals with trial and appellate matters, and offers mediation and arbitration services as well. Learn more about the firm at http://hankinsonlaw.com.

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Hankinson LLP Named One of America’s Best Law Firms

DALLAS – The Dallas-based appellate law firm Hankinson LLP is being recognized by U.S. News & World Report and The Best Lawyers in America as one of the country’s “Best Law Firms.” The firm earned a Metropolitan Tier 1 ranking among Dallas appellate firms in… + read more

Attorney:

DALLAS – The Dallas-based appellate law firm Hankinson LLP is being recognized by U.S. News & World Report and The Best Lawyers in America as one of the country’s “Best Law Firms.”

The firm earned a Metropolitan Tier 1 ranking among Dallas appellate firms in the 2011 guide to the nation’s leading law firms.

To compile the “Best Law Firms” listing, researchers with U.S. News and Best Lawyers surveyed thousands of attorneys and law firm clients across the U.S. The results of the survey appear in the November 2011 Best Law Firms publication. The full listing also is available online at http://bestlawfirms.usnews.com/.

Last month, the firm went through a name change when attorney Jeff Levinger departed to form his own firm.

“This honor rightly belongs to everyone at the firm, all the attorneys and staff, who worked so hard on behalf of our clients over the last 12 months, including Jeff,” says Hankinson LLP founder Deborah Hankinson, who also has been selected by The Best Lawyers in America as one of the country’s top attorneys. In addition, Best Lawyers also recently named Ms. Hankinson Dallas Lawyer of the Year in Appellate Law.

To develop the Best Lawyers list, researchers review nearly 3 million confidential evaluations by other attorneys. The full listing is available at www.bestlawyers.com.

The “Best Law Firms” and Best Lawyers honors are just the latest for Deborah Hankinson and the firm. Earlier this year, she was listed among the state’s top lawyers in the annual Texas Super Lawyers publication, earning a spot among the state’s Top 10 lawyers overall. Her other 2011 honors include selection by Texas Lawyer newspaper for its “Winning Women” section, and by D Magazine to its list of Best Lawyers in Dallas. She also has been featured in Chambers USA’s listing of the country’s top lawyers and previously was profiled in the Dallas Business Journal as one of North Texas’ top business defenders.

Hankinson LLP, the preeminent civil appellate firm in the Southwest, provides clients with innovative legal insights and judicial perspective in all phases of litigation. The firm’s attorneys work with trial teams to develop strategies designed to put a case in the best position before, during, and after trial. Hankinson LLP represents national clients, regional companies, governmental bodies, and individuals with trial and appellate matters, and offers mediation and arbitration services as well.

Learn more about the firm at http://hankinsonlaw.com.

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Appellate Lawyer J. Carl Cecere Joins Hankinson LLP in Dallas

DALLAS – Dallas appellate law firm Hankinson LLP proudly announces the hiring of J. Carl Cecere, whose high-stakes appellate work has included cases involving issues in bankruptcy, constitutional law, insurance, whistleblower protections, family law, complex business law, and habeas corpus. “Carl is an accomplished appellate… + read more

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DALLAS – Dallas appellate law firm Hankinson LLP proudly announces the hiring of J. Carl Cecere, whose high-stakes appellate work has included cases involving issues in bankruptcy, constitutional law, insurance, whistleblower protections, family law, complex business law, and habeas corpus.

“Carl is an accomplished appellate lawyer with great experience at all levels of the appellate process,” says firm founder Deborah Hankinson.

Formerly an associate at Akin Gump Strauss Hauer & Feld LLP in its Supreme Court and Appellate Practice, Carl has worked on a number of high-profile cases before the United States Supreme Court and in multiple federal appellate courts across the country, as well as all levels of Texas appellate courts.  Among these cases is District of Columbia v. Heller, the landmark Supreme Court case that established the scope of the protections provided by the Second Amendment.  Mr. Cecere served on a team of distinguished lawyers representing the District in that case.

Outside the courtroom, Mr. Cecere has engaged in one-on-one debates with some of the nation’s leading policy experts on a wide range of legal issues, including debates with Dr. John Lott, author of “More Guns Less Crime,” Adam Winkler of the UCLA School of Law, Clark Neily of the Institute for Justice, and the Liberty Institute’s Hiram Sasser.

Mr. Cecere also frequently speaks and writes on issues of constitutional law and appellate advocacy.  He is a frequent contributor to SCOTUSblog, where he has written on a variety of issues before the Supreme Court such as restitution for victims of crime, “good time” sentence reductions for federal prisoners, and the validity, under the federal discrimination laws, of the use of performance exams in firefighter hiring.

Mr. Cecere earned his undergraduate degree from Dartmouth College and his law degree, cum laude, from Southern Methodist University’s Dedman School of Law, where he was on the Executive Board of the SMU Law Review and was elected to the Order of the Coif.  Carl then clerked with the Hon. Mary Lou Robinson of the U.S. District Court for the Northern District of Texas before joining Akin Gump.

Hankinson LLP, the preeminent civil appellate firm in the Southwest, provides clients with legal insight and a judicial perspective in all phases of litigation. The firm’s attorneys work with trial teams to develop strategies designed to put a case in the best position before, during and after trial. Hankinson LLP represents national clients, regional companies, governmental bodies and individuals with trial and appellate matters, and offers mediation and arbitration services as well.

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Appellate Court Reverses, Renders Judgment That Plaintiffs Take Nothing in Oil-and-Gas Mineral Interest Title Dispute

In a highly complex title dispute between Texas oil-and-gas operators, the plaintiffs claimed superior title to a mineral lease on a 169.1-acre tract in Concho County, Texas. After the jury found that the plaintiffs had superior title, the trial court ordered the defendants—who possessed and… + read more

In a highly complex title dispute between Texas oil-and-gas operators, the plaintiffs claimed superior title to a mineral lease on a 169.1-acre tract in Concho County, Texas. After the jury found that the plaintiffs had superior title, the trial court ordered the defendants—who possessed and had drilled a producing well on the tract—to turn over possession of the property, drilling equipment, and almost $1 million being held in suspense pending adjudication of the case. Hankinson Levinger attorneys Deborah Hankinson, Ryan Clinton, and Carl Cecere represented the defendants on appeal. The Austin Court of Appeals reversed the trial-court judgment, rendered judgment that the plaintiffs take nothing, and also rendered judgment that title and possession of the mineral estate, equipment, and funds belonged to the defendants. Plaintiffs appealed to the Texas Supreme Court, which denied review after requesting full briefing on the merits.  McCammon v. Ischy, No. 03-06-00707-CV, 2010 WL 1930149 (Tex. App.—Austin May 12, 2010, pet. denied).

 

Dallas Court of Appeals Rules for DART Contractor in Dispute Against Architect

In a second appeal involving the same lawsuit, Brett Kutnick was a principal member of the legal team that successfully represented Martin K. Eby Construction Company in its negligent misrepresentation suit against LAN/STV, an architect and engineer that prepared faulty construction plans and drawings for… + read more

In a second appeal involving the same lawsuit, Brett Kutnick was a principal member of the legal team that successfully represented Martin K. Eby Construction Company in its negligent misrepresentation suit against LAN/STV, an architect and engineer that prepared faulty construction plans and drawings for an extension of the DART rail project. Following the remand in the first appeal, Eby settled its administrative claim against DART for $4.7  million and proceeded to trial against LAN/STV.  The jury found that LAN/STV had committed negligent misrepresentations that caused Eby $5 million in damages, but the trial court reduced the award to $2,250,000 plus interest based on the jury’s additional finding that LAN/STV was 45% responsible.  On appeal, the Dallas Court of Appeals rejected LAN/STV’s arguments regarding the derivative governmental immunity statute, the economic loss doctrine, the evidence of negligent misrepresentations, and the effect of the DART settlement.  The court also declined to reinstate the full amount of the verdict, as Eby had requested.  Martin K. Eby Construction Co. v. LAN/STV, No. 05-09-00946-CV, 2011 WL 3795695 (Tex. App. — Dallas Aug. 29, 2011, no pet. hist.).

 

Sanction Against Lawyer Reversed Based on Finding That He Did Not Commit the Alleged Conduct.

Brett Kutnick and Rick Thompson were principal members of the legal team that successfully represented a partner in a major Texas law firm who was sanctioned by a trial court for allegedly accusing opposing counsel of suborning perjury and ordered to purchase a half-page apology… + read more

Brett Kutnick and Rick Thompson were principal members of the legal team that successfully represented a partner in a major Texas law firm who was sanctioned by a trial court for allegedly accusing opposing counsel of suborning perjury and ordered to purchase a half-page apology in the Texas Lawyer. The Dallas Court of Appeals reversed the sanction in its entirety, holding that the lawyer had not accused opposing counsel of suborning perjury and that the trial court’s order reflected “both an erroneous assessment of the evidence and a misapplication of the law on subornation of perjury.”  Both the sanction order and the successful appeal received extensive coverage in the Texas Lawyer and other legal publications.  (Published opinion (2011); cite omitted).

 

Court of Appeals Upholds Finding of Shareholder Oppression and Stock Buy-Back Remedy

In a closely-watched case involving shareholder oppression, the Dallas Court of Appeals upheld a judgment in favor of Hankinson Levinger client Ann Rupe based on the jury’s finding that she had been oppressed by the officers and directors of Rupe Investment Corporation when they refused… + read more

In a closely-watched case involving shareholder oppression, the Dallas Court of Appeals upheld a judgment in favor of Hankinson Levinger client Ann Rupe based on the jury’s finding that she had been oppressed by the officers and directors of Rupe Investment Corporation when they refused her request to meet with potential purchasers of her stock.  The appellate court also upheld the trial court’s order requiring the defendants to buy back Ms. Rupe’s stock as an equitable remedy for their misconduct, but remanded the case for further proceedings to determine the fair market value of the stock. Ms. Rupe was represented at trial by Steve Aldous and Charla Aldous.  Ritchie v. Rupe, as Trustee for the Dallas Gordon Rupe, III 1995 Family Trust, No. 05-08-00615-CV, 2011 WL 1107214 (Tex. App. — Dallas Mar. 28, 2011, no pet. h.).

 

Our New Website

Our new firm website is officially up and running! Besides its entirely new design and layout, our new website also provides updated insight into our dynamic appellate practice and growing expertise in alternative dispute resolution, as well as an enhanced look at each of our experienced… + read more

Our new firm website is officially up and running! Besides its entirely new design and layout, our new website also provides updated insight into our dynamic appellate practice and growing expertise in alternative dispute resolution, as well as an enhanced look at each of our experienced appellate practitioners. Visitors to the site also can easily search our “News & Information” page, which includes a case-summary database that provides a real sense for the depth and range of our experience in state and federal appellate courts. We hope you’ll find a minute to take a peek and find out more.  And please drop us a note to let us know what you think.

 

 

Hankinson Levinger Appellate Attorney Ryan Clinton Named in Texas Rising Stars List

DALLAS – Attorney Ryan Clinton from the Dallas-based appellate law boutique Hankinson Levinger LLP has earned a place on the 2011 Texas Rising Stars list, which honors the state’s top young lawyers. This marks the seventh Rising Stars selection for the accomplished appellate advocate. “Ryan… + read more

Attorney:

DALLAS – Attorney Ryan Clinton from the Dallas-based appellate law boutique Hankinson Levinger LLP has earned a place on the 2011 Texas Rising Stars list, which honors the state’s top young lawyers. This marks the seventh Rising Stars selection for the accomplished appellate advocate.

“Ryan has earned the respect of his colleagues and peers through the quality and consistency his work for clients,” says firm co-founder Jeffrey Levinger. “We believe he has one of the top legal minds anywhere, regardless of age or experience.”

The 2011 Texas Rising Stars list is based on nominations from fellow attorneys, with selection limited to lawyers 40 years old or younger, and those who have been practicing law for a decade or less. In all, only 2.5 percent of eligible Texas attorneys earn the Rising Stars honor each year. This year’s Rising Stars list is featured in the April issue of Texas Monthly magazine. It also is available in the current issue of Texas Rising Stars, published by Thomson Reuters, Legal division.

A former Assistant Solicitor General for the Texas Attorney General’s office, Mr. Clinton has successfully handled a wide range of appellate matters in state and federal courts. He has presented oral arguments before the Supreme Court of Texas and appellate courts in Texas and Louisiana, in addition to handling briefs before the U.S. Supreme Court.

He is a frequent speaker on appellate matters at continuing legal education seminars, and has served in the Austin chapter of the American Inns of Court. Mr. Clinton earned his law degree from the University of Virginia School of Law in 2000, graduating with Order of the Coif honors. He graduated, cum laude, in both political science and public policy studies from Duke University in 1997.

Hankinson Levinger, the preeminent civil appellate firm in the Southwest, provides clients with innovative legal insights and judicial perspective in all phases of litigation. The firm’s attorneys work with trial teams to develop strategies designed to put a case in the best position before, during and after trial. Hankinson Levinger represents national clients, regional companies, governmental bodies and individuals with trial and appellate matters, and offers mediation and arbitration services as well. Learn more about the firm at http://www.hanklev.com.

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Appellate Court Concludes Oil and Gas Producer Properly Paid Royalties on Casinghead Gas Under Long-Term Leases, Renders Judgment That Plaintiffs Take Nothing

In Occidental Permian Ltd. v. Helen Jones Foundation, et al., a group of Texas royalty owners alleged that OPL, an oil and gas producer, had underpaid royalties for casinghead gas produced during carbon dioxide-injection tertiary recovery operations in West Texas. Hankinson Levinger was hired to… + read more

In Occidental Permian Ltd. v. Helen Jones Foundation, et al., a group of Texas royalty owners alleged that OPL, an oil and gas producer, had underpaid royalties for casinghead gas produced during carbon dioxide-injection tertiary recovery operations in West Texas. Hankinson Levinger was hired to assist OPL during trial, post-trial, and appellate proceedings. After the jury reached a multi-million dollar verdict for the plaintiffs, OPL appealed. Deborah Hankinson argued the case before the Amarillo Court of Appeals (after she and Ryan Clinton briefed the appeal), and the Amarillo Court of Appeals reversed the trial court’s judgment, concluding that no evidence supported the jury’s findings. The court of appeals rendered judgment that the plaintiffs take nothing against OPL. Occidental Permian Ltd. v. Helen Jones Foundation, et. al, 333 S.W.3d 392 (Tex. App.—Amarillo Jan. 31, 2011, pet. filed).

 

Breach of Contract Judgment Reversed and Vacated on Appeal

Brett Kutnick and Jennifer Rangel Stagen were two of the lawyers who represented defendants Hampden Corporation and Fantasy Diamond Corporation in an appeal of a judgment after a bench trial awarding the plaintiff over $750,000 in damages for breach of a commission agreement. Following oral… + read more

Brett Kutnick and Jennifer Rangel Stagen were two of the lawyers who represented defendants Hampden Corporation and Fantasy Diamond Corporation in an appeal of a judgment after a bench trial awarding the plaintiff over $750,000 in damages for breach of a commission agreement. Following oral argument, the Dallas Court of Appeals held that the trial court abused its discretion by concluding that the parties tried the breach of contract action by consent and by granting the plaintiff leave to file an amended petition after the trial to assert that cause of action. The court thus vacated the judgment in its entirety and remanded the case to the trial court to allow it to consider the evidence at trial in light of the claims pleaded in the plaintiff’s earlier-filed petition. Hampden Corp. v. Remark, Inc., 331 S.W.3d 489 (Tex. App.–Dallas 2010, pet. filed).

 

Default Judgment Reversed on Appeal

Brett Kutnick was one of the lawyers who represented defendants Paul Williams and Hughes-Roth Financial Group in an appeal of a default judgment awarding the plaintiff Nexplore Corporation over $300,000 in damages and attorney’s fees and the right to cancel Williams’s 10 million shares of… + read more

Brett Kutnick was one of the lawyers who represented defendants Paul Williams and Hughes-Roth Financial Group in an appeal of a default judgment awarding the plaintiff Nexplore Corporation over $300,000 in damages and attorney’s fees and the right to cancel Williams’s 10 million shares of stock in Nexplore valued at approximately $7 million. The Dallas Court of Appeals held that the trial court never obtained personal jurisdiction over the defendants because substituted service was not property authorized, and that the default judgment rendered against the defendants was therefore void.  The court thus reversed the judgment and remanded the case to the trial court for further proceedings.  Williams v. Nexplore Corp., No. 05-09-00621-CV, ___ S.W.3d ___, 2010 WL 4945364 (Tex. App.–Dallas 2010, no pet. h.) (mem. op.).

 

Take-Nothing Summary Judgment Affirmed on Claims Arising from Operation of Traffic Signal Enforcement System

Jennifer Rangel Stagen was on the legal team that represented ACS State and Local Solutions, Inc., a corporation that provides traffic signal enforcement systems to municipalities, in the appeal of a take-nothing summary judgment in its favor. The plaintiff had been cited for a red-light… + read more

Jennifer Rangel Stagen was on the legal team that represented ACS State and Local Solutions, Inc., a corporation that provides traffic signal enforcement systems to municipalities, in the appeal of a take-nothing summary judgment in its favor. The plaintiff had been cited for a red-light violation, and brought claims against ACS for purported violations of the Texas Debt Collection Act and negligence per se based on alleged violations of the Texas Occupations Code and the Texas Transportation Code. The Dallas Court of Appeals affirmed the summary judgment in favor of ACS on all grounds. Amanda Ward v. ACS State and Local Solutions, Inc., d/b/a LDC Collection Systems, 328 S.W.3d 648 (Tex. App.—Dallas 2010, no pet.).

 

Fraud Judgment Reversed and Rendered on Appeal

Brett Kutnick was a principal member of the legal team that represented defendant Peter Gottlieb in an appeal of a judgment awarding the plaintiff $233,000 in actual damages and $466,000 in exemplary damages for fraud after a multi-week jury trial. The Dallas Court of Appeals denied… + read more

Brett Kutnick was a principal member of the legal team that represented defendant Peter Gottlieb in an appeal of a judgment awarding the plaintiff $233,000 in actual damages and $466,000 in exemplary damages for fraud after a multi-week jury trial. The Dallas Court of Appeals denied the plaintiff’s appeal seeking additional damages, concluded that there was no evidence to support the jury’s fraud finding against Gottlieb, and reversed the trial court’s judgment and rendered judgment that the plaintiff take nothing from Gottlieb. Cerullo v. Gottlieb, 309 S.W.3d 160 (Tex. App.–Dallas 2010, pet. denied).

 

Dallas’ Hankinson, Levinger Named Among State’s Top Appellate Attorneys by Chambers USA

DALLAS – Deborah Hankinson and Jeffrey Levinger, founding partners in the Dallas-based civil appellate firm of Hankinson Levinger LLP, are recognized as two of the state’s top appellate lawyers in the prestigious Chambers USA 2010 legal directory. The U.K.-based publication exclusively lists law firms and… + read more

Attorney:

DALLAS – Deborah Hankinson and Jeffrey Levinger, founding partners in the Dallas-based civil appellate firm of Hankinson Levinger LLP, are recognized as two of the state’s top appellate lawyers in the prestigious Chambers USA 2010 legal directory. The U.K.-based publication exclusively lists law firms and attorneys who are strongly recommended based on in-depth interviews with peers and clients.

Ms. Hankinson, a former Texas Supreme Court Justice, practices appellate law and serves as a mediator and arbitrator in cases involving a variety of complex legal issues. In addition to her work at Texas’ highest civil appellate court, Ms. Hankinson previously served as a Justice on the Fifth District Court of Appeals in Dallas.

The publication notes that the “incredibly talented” Ms. Hankinson “is recommended for her intimate knowledge of judiciary procedures and her seasoned approach.” She was recognized earlier this year as one of the 500 Leading Lawyers in America by Lawdragon; one of D Magazine’s Best Women Lawyers in Dallas; and as one of the country’s top appellate attorneys in The Best Lawyers in America. She has been recognized among Texas’ top lawyers each year since the Texas Super Lawyers list first was published in 2003, and is ranked by Texas Lawyer newspaper as one of the state’s “Go-To” appellate attorneys, 2007.

Mr. Levinger, who has practiced appellate law for more than 25 years, is cited by Chambers as a “highly experienced, talented and knowledgeable appellate specialist”. Earlier this year, Mr. Levinger was named to “The Defenders,” an elite list of North Texas’ top business defense attorneys published by the Dallas Business Journal. He currently serves as Chairman of the State Bar of Texas Committee on Pattern Jury Charges (Malpractice, Premises, and Products) and is an officer of the State Bar of Texas Appellate Section. He has been recognized among Texas’ top lawyers each year since the Texas Super Lawyers list first was published in 2003, and also was honored earlier this year in D Magazine’s Best Lawyers in Dallas listing. Mr. Levinger also is listed in The Best Lawyers in America as one of the nation’s top lawyers in both appeals and commercial litigation, since 2008.

Hankinson Levinger, the preeminent civil appellate firm in the Southwest, provides clients with innovative legal insights and judicial perspective in all phases of litigation. The firm’s attorneys work with trial teams to develop strategies designed to put a case in the best position before, during, and after trial. Hankinson Levinger represents national clients, regional companies, governmental bodies, and individuals with trial and appellate matters, and offers mediation and arbitration services as well.

Learn more about the firm at http://www.hanklev.com.

For more information on Hankinson Levinger and the Chambers honor, please contact Mark Annick at 800-559-4534 or mark@androvett.com.

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Judgment Allowing Judicial Foreclosure Affirmed on Appeal

Brett Kutnick was a principal member of the legal team that represented plaintiff LPP Mortgage in the defendants’ appeal of a judgment for judicial foreclosure following a bench trial. The Austin Court of Appeals held that LPP Mortgage’s suit for foreclosure was not barred by res… + read more

Brett Kutnick was a principal member of the legal team that represented plaintiff LPP Mortgage in the defendants’ appeal of a judgment for judicial foreclosure following a bench trial. The Austin Court of Appeals held that LPP Mortgage’s suit for foreclosure was not barred by res judicata, waiver, or the Texas statute of limitations, and thus affirmed the trial court’s judgment in favor of LPP.  Stephens v. LPP Mortgage, Ltd., 316 S.W.3d 742,  (Tex. App.–Austin 2010, pet. denied).

 

Kagan Likely to Steer Safe Course in Confirmation Hearings, Legal Expert Says

DALLAS – U.S. Supreme Court Nominee Elena Kagan probably will do her best to steer clear of controversy and prove to Senators that she has solid credentials but an open mind, says Ryan Clinton, a former Assistant Solicitor General for the State of Texas and… + read more

DALLAS – U.S. Supreme Court Nominee Elena Kagan probably will do her best to steer clear of controversy and prove to Senators that she has solid credentials but an open mind, says Ryan Clinton, a former Assistant Solicitor General for the State of Texas and an appellate attorney with Dallas’ Hankinson Levinger.

“As with all nominees since Robert Bork, the Senators questioning her will attempt to pin her down on some of the more controversial matters that come before the High Court, but Kagan will do her best to dodge those attempts,” Mr. Clinton says. “Barring some unforeseen revelation or meltdown, however, she will most likely be confirmed — as have all Supreme Court nominees who have reached this point, with the notable exception of Judge Bork.”

Kagan has been thoroughly vetted, and thanks to the Internet, just about everything she has written or said about anything has been unearthed, Mr. Clinton says.

“The biggest chink in her armor is the fact that she doesn’t have judicial experience,” he says. “But you could do much worse than a U.S. Solicitor General, a former Harvard Law School dean, a former clerk to Thurgood Marshall, and a high-ranking official in the White House.”

Mr. Clinton has extensive appellate experience, having argued cases in appellate courts in Texas and Louisiana, including four before the Texas Supreme Court. He also has successfully briefed matters before the U.S. Supreme Court, and has six times been named one of Texas’s best appellate attorneys under 40 in Texas Monthly. Mr. Clinton graduated with honors from Duke University and the University of Virginia School of law.

Hankinson Levinger, the preeminent civil appellate firm in the Southwest, provides clients with innovative legal insights and judicial perspective in all phases of litigation. The firm’s attorneys work with trial teams to develop strategies designed to put a case in the best position before, during, and after trial. Hankinson Levinger represents national clients, regional companies, governmental bodies, and individuals with trial and appellate matters, and offers mediation and arbitration services as well.

Learn more about the firm at http://www.hanklev.com.

To discuss the Kagan hearings with Mr. Clinton, please contact Mark Annick at 800-559-4534 or mark@androvett.com.

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Carl Cecere

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Carl Cecere

Carl Cecere, a skilled attorney and student of the United States Constitution, has litigated cases and debated leading experts on some of today’s most pressing constitutional issues. His appellate experience extends throughout Texas, and also spans numerous federal courts of appeals and the United States Supreme Court.

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