Major Lawsuits Handled As Legal Counsel
The following is a representative list of some of the major lawsuits that I have handled as legal counsel. In some of the cases there were multiple parties. I generally was lead counsel for one or more of the major parties. Please note that only one citation (generally the last) is included for each case although several of the cases lasted several years and involved more than one reported opinion.
Ciro Rodriguez v. Henry Cuellar, 143 S.W.3d 251 (Tex. App.-San Antonio 2004). (Election contest brought by Congressman Rodriguez challenging his defeat in the Democratic primary.)
State of Texas v. The American Tobacco Company, No. 5-96-CV-091 (E.D. Tex. 1998) (Suit by Texas against the major tobacco companies. I intervened on behalf of several hospital districts for a share of the proceeds of the settlement.)
Tejas Testing Technologies v. Texas Natural Resources Conservation Commission, No. 95-14627 (Travis County) (1995-1998) (Litigation against the State of Texas over the abrogation of a contract for motor vehicle emissions testing. The judge denied the State’s claim of sovereign immunity and awarded $203 million.)
Chen v. City of Houston, 9 F. Supp. 2d 745 (S.D. Tex 1998) (Challenge to City’s councilmember districts as racial gerrymanders violative of the United States Constitution.)*
Harris v. City of Houston, 151 F. 3d 186 (5th Cir. 1998) (Challenge to a City of Houston annexation under the U.S. Constitution and the Voting Rights Act [included action by three judge court].)*
Foreman v. Dallas County, 990 F. Supp. 505 (N.D. Tex. 1998) (Challenge to Dallas County appointment of election judges as violative of the U.S. Voting Rights Act [included action by three-judge court].)*
Campos v. City of Houston, 113 F.3d 544 (5th Cir. 1997) (Challenge to City of Houston election structure [partially at-large] under the U.S. Voting Rights Act.)
State of Texas v. United States, 94-CV-1529 (D.C.D. 1995) [Three Judge Court] (Suit by State of Texas for preclearance of county and district courts [elected at-large] under Section 5 of the U.S. Voting Rights Act.)
Edgewood Independent School District v. Meno, 917 S.W.2d 717 (Tex. 1995) (Edgewood IV) (Challenge to State of Texas public school finance system. I represented several intervenor school districts.)
Monsanto Co. v. Cornerstones Municipal Utility District, 845 S.W. 2d 937 (Tex. App.--1993) (Suit by municipal utility district for damages from defective pipes in district’s water system.)
Salas v. Southwest Texas Jr. College Dist., 964 F.2d 1542 (5th Cir. 1992) (Challenge to community college election structure [at-large] under the U.S. Constitution and Voting Rights Act. The case is illustrative of several [at least six] such challenges to colleges represented by the law firm. I was counsel in at least three of the cases.)
Campos v. City of Houston, 968 F.2d 446 (5th Cir. 1992) (Challenge to City of Houston 1991 elections under U.S. Voting Rights Act.)
U.S. v. City of Houston, 800 F.Supp. 504 (S.D. Tex. 1992) (Three-Judge Court) (Effort by U.S. Dept. of Justice to enjoin City of Houston 1991 elections.)
Nueces County v. Texas Department of Corrections, No. 452,071 (Travis County, 1991) (Suit by populous Texas counties alleging state liability for overcrowded jails caused by state failure to house convicted felons. The case resulted in the award of $100 million and injunctive relief for the counties.)
Overton v. City of Austin, 871 F.2d 529 (5th Cir. 1989) (Challenge to City of Austin election structure [at-large] under the U.S. Constitution and the Voting Rights Act.)
Nisby v. Commissioners Court of Jefferson County, 798 F.2d 134 (5th Cir. 1986) (Challenge to Jefferson County Commissioners’ precinct boundaries under U.S. Constitution and Voting Rights Act. This reported case deals only with attorneys fees awarded after trial.)
Bush v. Viterna, 795 F.2d 1203 (5th Cir. 1986) (Challenge to state jail commission and jail regulations under the U.S. Constitution.)
Stephens by Stephens v. Bowie County, Tex., 724 F.2d 434 (5th Cir. 1984) (Suit to compel county to establish criteria for provision of medical care to indigent county residents.)
Terrazas v. Clements, 537 F.Supp. 514 (N.D. Tex. 1982) [Three Judge Court] (Challenge to Texas representative and senatorial districts under the U.S. Constitution and the Voting Rights Act.)
Upham v Seamon, 456 U.S. 37 (1982) (Challenge to Texas congressional districts under the U.S. Constitution and the Voting Rights Act.)
Upham v. White, 639 S.W.2d 301 (Tex. 1982) (Challenge to Texas senatorial districts under the Texas Constitution.)
Clements v. Valles, 620 S.W.2d 112 (Tex. 1981) (Challenge to Texas representative districts under the Texas Constitution.)
Bexar County v. Connell Leasing Co., 611 S.W.2d 496 (Tex App. 1981) (Suit to enjoin county tax rolls as violative of the Texas Constitution.)
United States v. State of Texas, 506 F.Supp. 405 (E.D. Tex. 1981) (Suit to require bilingual education in Texas.)
Rogers v. Brockette, 588 F.2d 1057 (5th Cir. 1979) (Challenge to constitutionality of state statute requiring school districts to participate in subsidized breakfast program.)
Chapman v. Houston Welfare Rights Organization, 441 U.S. 600 (1979) (Suit alleging invalidity of state regulation regarding emergency assistance for needy persons because the regulation conflicted with the Social Security Act. I was second chair at oral argument before the U.S. Supreme Court.)
Westheimer I.S.D. v. Brockette, 567 S.W.2d 780 (Tex. 1978) (Suit by school district to enjoin Commissioner of Education from passing on issues of discriminatory intent relating to the creation of the district. [Although my name does not appear on the case, I was the attorney who presented oral argument in the Texas Supreme Court.])
Graves v. Barnes, 446 F.Supp. 560 (W.D. Tex. 1977) [Three Judge Court] (Challenge to Texas legislative districts under the U.S. Constitution.)
General Dynamics Corp. v. Bullock, 547 S.W.2d 255 (Tex. 1976) (Suit by Texas to tax corporate business activities on federal property.)
State of Texas v. United States, 426 F.Supp. 74 (W.D. Tex. 1976) (Suit by State of Texas to enjoin federal funds granted to Zavala County.)
List Of Major Administrative Law Cases Handled As Legal Counsel
The following is a representative list of some of the major administrative law cases I have handled as legal counsel. In most cases there were multiple parties. I generally was lead counsel (sometimes only at the administrative or district court level) for one or more of the major parties.
Southwestern Bell Telephone Co. v. Public Utility Commission of Texas, 888 S.W.2d 921 (Tex. App.–1994) (SWB challenge to PUC rules governing competition in local exchange services.)
Texas Ass’n Long Distance Telephone Companies (TEXALTEL) v. Public Utility Commission of Texas, 798 S.W.2d 875 (Tex. App.—1990) (Challenge to PUC order as retroactive rate-making.)
Public Utility Commission of Texas v. AT&T Communications of the Southwest, 777 S.W.2d 363 (Tex. 1989) (Challenge to PUC rules governing divestiture.)
Southwestern Bell Telephone Co. v. Public Utility Commission of Texas, 745 S.W.2d 918 (Tex. App.–1988) (SWB challenge to PUC order allowing limited local exchange competition.)
Southwestern Bell Telephone Co. v. Public Utility Commission of Texas, 735 S.W.2d 663 (Tex. App.–1987) (SWB appeal of PUC order rejecting SWB petition to prevent local exchange competition.)
Presbyterian Medical Center v. Texas Health Facilities Commission, 698 S.W.2d 247 (Tex. App.--1985) (Challenge to order of THFC granting certificates of need for new hospital.)
This list includes only the major cases appealed to state court for which I located a reported opinion. I have made no effort to identify or to list those many administrative proceedings for which no appeal was taken to state court, or for which I found no reported state court opinion. I was involved in many such administrative proceedings, but I have no collective list of them. Many of these administrative proceedings involved hearings lasting several weeks (or even months).
I have participated in numerous proceedings before the FCC and state regulatory commissions and state courts outside of Texas. I have made no effort to list these proceedings, which have occurred over the past 20 years. On two occasions I have testified before congressional committees on issues affecting telecommunications. I have testified on similar issues on many occasions before legislative committees in Texas and other states.
* These cases have been handled since 1998 by my former law partner, Bob Heath, as I transitioned to teaching.