Cynthia Timms

Cynthia Timms, Chair of the Appellate Practice Group, practices civil appellate law and has a wide range of experience in appellate matters, including oil and gas, state and federal class action proceedings, arbitration, intellectual property, punitive damages and other civil business matters. She has represented clients in over 100 appeals in Texas, the U.S. Supreme Court, and the 1st, 5th, 6th, 8th, 9th, 11th and Federal Circuit Courts of Appeals. She is also active in a number of American Bar Association and State Bar organizations, and is currently working to organize appellate attorneys within the nation for the ABA and writing proposed changes to the Texas Rules of Appellate Procedure.

Cynthia's representative experience includes:

• Worked with team of attorneys in persuading the Eleventh Circuit to affirm the dismissal of the lead plaintiff's complaint in a putative class action
• Worked with other attorneys to procure the affirmance of a $2.5 million judgment in favor of the victim of clergy sexual abuse
• Represented a credit agency in obtaining the affirmance of the dismissal of a complaint concerning inaccuracies in the plaintiff's credit report
• Represented a life insurance company in convincing the Eleventh Circuit to consider the face value of life insurance policies in determining the amount in controversy for class action purposes
• Participated with a team of attorneys in securing Supreme Court review of the Fifth Circuit's refusal to enforce an arbitration provision
• Co-wrote brief in Texas Supreme Court that resulted in the construction of a will as a matter of law in favor of firm's client
• Represented a syringe-manufacturer and patent owner in preserving error during patent trials and then in largely upholding the judgment before Federal Circuit Court of Appeals
• Represented a charitable institute with an unusual arbitration provision in securing a reversal by the Eighth Circuit Court of Appeals of a district court refusal to enforce the arbitration provision
• Represented a pharmaceutical company in a landmark case before the Texas Supreme Court that had the effect of severely limiting the use of the tort of intentional infliction of emotional distress in Texas
• Represented an oil and gas company in securing reversal of a judgment involving the improper application of judgment interest laws
• Represented a transportation logistics company in reversing a significant breach of contract judgment. The court of appeals rendered for the client
• Represented Mary Kay Inc. in appealing a $2 million judgment involving employment-related claims by a former beauty director. The court of appeals reversed and rendered judgment in favor of the client
• Co-wrote brief in Texas Supreme Court case of Transportation Insurance Co. v. Moriel that had the effect of rewriting the law of punitive damages and gross negligence in Texas
• Represented a gas franchise company in obtaining a judgment on appeal following a trial court judgment of $12 million based on a number of legal theories. The Texas Supreme Court rendered judgment for the client
• Has represented a number of clients in challenging class certifications in interlocutory appeals both in state and in federal court
• Has represented oil and gas companies in a significant number of lawsuits and appeals involving title disputes as to large tracts of producing properties

Reported Decisions

• Anderson v. Wilco Life Ins., __ F.4th __, 2021, 2021 WL 5293558 (11th Cir. Nov. 15, 2021)
• Zia Ul-Haq Sheikh v. Jane Doe, 2021 WL 2947663 (Tex. App.—Dallas June 30, 2021, no pet.)
• Barron as Trustee of 3001 Decatur Trust v. Fort Worth Trans. Auth., 2021 WL 1323415 (Tex. App.—Fort Worth Apr. 8, 2021, pet. denied)
• Samson Exploration, LLC v. Hooks, 2020 WL 5552143 (Tex. App.—Beaumont, Sept. 17, 2020, no pet.)
• Phoneternet, L.L.C. v. LexisNexis Risk Solutions, 816 Fed. Appx. 909 (5th Cir. June 3, 2020)
• ConocoPhillips Company v. Ramirez, 599 S.W.3d 296 (Tex. 2020)
• Anderson v. Wilco Life Ins. Co., 943 F.3d 917 (11th Cir. 2019) (wrote briefs without appearing as counsel)
• Archer and White Sales, Incorporated v. Henry Schein, Incorporated, 935 F.3d 274 (5th Cir. 2019)
• Retractable Technologies, Incorporated v. Becton Dickinson & Company, 919 F.3d 869 (5th Cir. 2019)
• Henry Schein, Inc. v. Archer and White Sales, Inc., 139 S.Ct. 524 (2019)
• Dickson v. Gospel for ASIA, Inc., 902 F.3d 831 (8th Cir. 2018)
• Archer and White Sales, Inc. v. Henry Schein, Inc., 878 F.3d 488 (5th Cir. 2017)
• Samson Exploration, LLC v. T.S. Reed Properties, Inc., 521 S.W.3d 766 (Tex. 2017)
• Retractable Technologies, Incorporated v. Becton Dickinson & Company, 842 F.3d 883 (5th Cir. 2016)
• Hooks v. Samson Lone Star, Limited Partnership, 457 S.W.3d 52 (Tex. 2015)
• Retractable Technologies, Inc. v. Becton Dickinson and Co., 757 F.3d 1366 (Fed. Cir. 2014)
• In re AMR Corp., 491 B.R. 372 (Bkrtcy.S.D.N.Y. 2013)
• Samson Lone Star, Ltd. P’ship v. Hooks, 389 S.W.3d 409 (Tex. App.—Houston [1st Dist.] 2012, pet. granted)
• U.S. v. Wilson, 659 F.3d 947 (9th Cir. 2011)
• Retractable Technologies, Inc. v. Becton, Dickinson and Co., 653 F.3d 1296 (Fed. Cir. 2011)
• Exel Transp. Servs. Inc. v. Aim High Logistics Servs. LLC, 323 S.W.3d 224 (Tex. App.—Dallas 2010, pet. denied)
• Lamajak, Inc. v. Frazin, 230 S.W.3d 786 (Tex. App.—Dallas 2007, no pet.)
• In re Rogers, 200 S.W.3d 318 (Tex. App.—Dallas 2006, orig. proceeding)
• Dallas County v. Gonzales, 183 S.W.3d 94 (Tex. App.—Dallas 2006, pet. denied)
• Calpine Producers Servs., L.P. v. Wiser Oil Co., 169 S.W.3d 783 (Tex. App.—Dallas 2005, no pet.)
• Geodyne Energy Income Prod. P’ship I-E v. Newton Corp., 161 S.W.3d 482 (Tex. 2005)
• Robinson v. Texas Auto. Dealers Ass’n, 387 F.3d 416 (5th Cir. 2004)
• Mary Kay Inc. v. Woolf, 146 S.W.3d 813 (Tex. App.—Dallas 2004, pet. denied)
• Hoffmann-La Roche Inc. v. Zeltwanger, 144 S.W.3d 438 (Tex. 2004)
• O’Sullivan v. Countrywide Home Loans, Inc., 319 F.3d 732 (5th Cir. 2003)
• Southern Union Co. v. City of Edinburg, 129 S.W.3d 74 (Tex. 2003)
• Henry Schein, Inc. v. Stromboe, 102 S.W.3d 675 (Tex. 2002)
• Comstock Oil & Gas Inc. v. Alabama and Coushatta Indian Tribes of Texas, 261 F.3d 567 (5th Cir. 2001)
• Fina, Inc. v. ARCO, F.3d 266 (5th Cir. 2000)
• Thedford v. Union Oil Co. of Calif., 3 S.W.3d 609 (Tex. App.—Dallas 1999, pet. denied)
• Feathers v. Chevron U.S.A., Inc., 141 F.3d 264 (6th Cir. 1998)
• TUCO Inc. v. Burlington Northern R. Co., 960 S.W.2d 629 (Tex. 1997)
• United States v. Marks, 949 S.W.2d 320 (Tex. 1997)
• Scottish Heritable Trust, PLC v. Peat Marwick Main & Co., 81 F.3d 606 (5th Cir. 1996)
• Transportation Ins. Co. v. Moriel, 879 S.W.2d 10 (Tex.1994)