Warren W. Harris
Partner
Adell Milam
713.223.2300 x2556
Warren Harris heads the firm's appellate practice. He is a past chair of the IADC Appellate Practice Committee, the ABA Tort and Insurance Practice Section Appellate Advocacy Committee, the State Bar of Texas Appellate Section, and the Houston Bar Association Appellate Practice Section. Mr. Harris is President of the University of Houston Law Alumni Association, Chair of the Texas Bar Foundation Fellows, Vice President of the Texas Supreme Court Historical Society, and a director of the Houston Bar Association. He is a frequent lecturer and has spoken at more than 100 legal education seminars.
Mr. Harris has handled hundreds of appeals and original proceedings in the Texas Supreme Court, United States Supreme Court, and state and federal courts of appeals, including handling many cases that were originally tried by other law firms. He also assists in pretrial and trial strategy, preservation of error at trial, preparation of and arguing jury charges, post-verdict proceedings in trial courts, and analysis of the trial record for appellate potential. He has experience in preparation of appellate briefs and oral advocacy in appellate proceedings.
Mr. Harris served as an adjunct professor in appellate advocacy at The University of Texas School of Law and The University of Houston Law Center and served as a briefing attorney for the Supreme Court of Texas.
Mr. Harris has also been appointed by the Commission for Lawyer Discipline as special assistant appellate disciplinary counsel in attorney discipline proceedings.
Representative Matters
Franks Investment Co. LLC v. Union Pacific R.R., No. 08-30236; 5th Cir. 2010. En banc reversal on preemption issues.
Miga v. Jensen, 2009 WL 3403331; Tex. 2009. Affirming claim for $23 million restitution award.
Ibarra v. Harris County, 338 Fed. Appx. 457; 5th Cir. 2009. Reversing contempt order and sanctions findings against lawyer.
Mann Frankfort Stein & Lipp Advisors, Inc. v. Fielding, 289 S.W.3d 844; Tex. 2009. Modifying Texas employment law and affirming summary judgment for employer in covenant not to compete case.
Cameron Int'l Corp. v. Vetco Gray Inc., 2009 WL 838177; Tex. App.— Houston [14th Dist.] 2009, pet. denied. Affirming summary judgment in breach of contract of a license agreement involving $14 million in past royalties and $50 million in future royalties.
In re Joe E. Small and Enerplus Resources (USA) Corp. f/k/a Lyco Energy Corp., 2009 WL 1620436; Tex. App.— El Paso 2009. Granting mandamus relief on order compelling disclosure of privileged documents.
Key Energy Services, Inc. v. Eustace, 290 S.W.3d 332; Tex. App.—Eastland 2009, no pet. Reversing damages award in employment and securities dispute.
Lalila v. Parker Drilling Co., 2009 WL 618248; Tex. App.—Houston [1st Dist.] 2009, no pet. Affirming dismissal of mass torts case based on forum non conveniens.
Excess Underwriters at Lloyd's, London v. Frank's Casing Crew & Rental Tools, Inc., 246 S.W.3d 42; Tex. 2008. Landmark insurance case affirming summary judgment on claim for equitable reimbursement of $7.5 million in settlement funds.
Wiley v. American Electric Power Service Corp., 287 Fed. Appx. 335; 5th Cir. 2008. Affirming summary judgment for employer in employment discrimination case.
Progressive Child Care Systems, Inc. v. Kids "R" Kids International, Inc.; 2008 WL 4831339; Tex. App.—Fort Worth 2008, pet. denied. Affirming judgment in favor of franchisor in breach of franchise agreement case.
Dixon Financial Services Ltd. v. Greenberg, Peden, Siegmyer & Oshman, P.C., 2008 WL 746548; Tex. App.—Houston [1st Dist.] 2008, pet. Denied. Affirming summary judgment in favor of law firm in suit brought by client's opponent in a transaction.
Furnace Brook v. Overstock.com, 230 Fed. Appx. 984; Fed. Cir. 2007. Affirming summary judgment of non-infringement against patent holder.
VHC, Inc. v. Corporate Property Assocs., 2008 WL 867455; Tex. App. - Dallas 2008. Affirming $3 million judgment for breach of environmental holdover provision in lease.
Spring Creek Village Apartments Phase V, Inc. v. General Star Indemnity Co., 2008 WL 2520801; Tex. App. - Houston [14th Dist.] 2008. Affirming a defense verdict in favor of insurance company.
Excess Underwriters at Lloyd's, London v. Frank's Casing Crew & Rental Tools Inc., 246 S.W. 3d 42; Tex. 2008. Affirming summary judgment on claim for equitable reimbursement of $7.5 million in settlement funds.
Gulf Restoration Network v. U.S. Dept. of Transp., 452 F. 3d 362; 5th Cir. 2006. Successfully defended the appeal of a Deepwater Port Act license for a $700 million offshore LNG facility.
Exxon Mobil Corp. v. Kinder Morgan Operating L.P. "A", 2006 WL 397163; Tex. App. - Houston [14th Dist.] 2006, no pet. Affirming defense verdict in $37 million breach of contract and conversion case.
General Star Indemnity Company v. Spring Creek Village Apartments Phase V, Inc., 152 S.W.3d 733; Tex. App. - Houston [14th Dist.] 2004, no pet. Reversing $8 million judgment against insurance company.
Reardon v. Lightpath Technologies Inc., 2005 WL 2674993; Tex. App. - Houston [14th Dist.] 2005, pet. denied. Affirming summary judgment in favor of defendant in case involving claims of securities violations and fraud.
Tarrant Regional Water Dist. v. Gragg, 151 S.W.3d 546; Tex. 2004. Affirming judgment in inverse condemnation action.
National Union Fire Insurance Company v. Keck, Mahin & Cate, 154 S.W.3d 714; Tex. App. - Houston [14th Dist.] 2004, pet. denied. Affirming defense verdict in legal malpractice case.
American National Insurance Company and American National Property and Casualty Company v. Cannon, 86 S.W.3d 801; Tex. App. - Beaumont 2002, no pet. Reversing class certification of a nationwide class of insurance agents in a breach of contract action.
In re Service Corporation International, 85 S.W.3d 171; Tex. 2002. Granting mandamus relief compelling arbitration in securities fraud litigation.
Pecos Petroleum Co. v. McMillan, 2003 WL 1823389; Tex. App. - San Antonio 2003, pet. denied. Affirming summary judgment on tortious interference claim.
D.H. Blair Investment Banking Corp. v. Reardon, 97 S.W.3d 269; Tex. App. - Houston [14th Dist.] 2002, pet. dism'd w.o.j. Reversing denial of special appearance for investment banking firm.
Evans v. Dynasty Transp. Inc., 2003 WL 21191135; Tex. App. - Corpus Christi 2003, no pet. Affirming summary judgment on merits of class claims in commercial dispute.
Homan v. Randolph and Kelley, 2001 WL 931112; Tex. App. - Houston [14th Dist.] 2001, pet. denied. Reversing denial of summary judgment for media defendant in defamation case.
MTM Electrical Corp. v. Bechtel International Inc., 2001 WL 1474495; Tex. App. - Houston [14th Dist.] 2001, no pet. Affirming judgment for defendant in breach of contract and fraud case.
Whiteside v. Hartung, 1999 WL 548211; Tex. App. - Houston [14th Dist.] 1999, no pet. Reversing judgment against attorneys for breach of fiduciary duty.
In re Torch Energy Marketing Inc., 989 S.W.2d 20; Tex. App. - San Antonio 1998, orig. proceeding. granting mandamus relief to disqualify trial judge.
Maritime Overseas Corp. v. Ellis, 119 S. Ct. 541; 1998. Denying petition for writ of certiorari in $17 million judgment for personal injury related to Diazinon exposure in Jones Act case.
Commission for Lawyer Discipline v. Benton, 980 S.W.2d 425; Tex. 1998. Reversing judgment declaring disciplinary rule unconstitutional, cert. denied, 119 S. Ct. 2021, 1998.
Neely v. Commission for Lawyer Discipline, 976 S.W.2d 824; Tex. App. - Houston [1st Dist.] 1998, no pet. Reversing judgment suspending attorney from practicing law.
Texas Lottery Commission v. Wenner, 118 S. Ct. 1514, 1998. Denying petition for writ of certiorari in case for lottery winner.
Surgitek Inc. v. Adams, 955 S.W.2d 884; Tex. App. - Corpus Christi 1997, pet. dismissed. Successfully affirmed judgment regarding venue and joinder issues.
Werner v. Colwell, 909 S.W.2d 866; Tex. 1995. Reversing personal injury judgment against employer.
Texas Instruments Inc. v. Teletron Energy Management Inc., 877 S.W.2d 276; Tex. 1994. Affirming judgment in lost profits case.
Selected Publications
"Appellate Law," 73 Texas Bar Journal 25, 2010.
"Appellate Law," 72 Texas Bar Journal 34, 2009.
"Appellate Law," 71 Texas Bar Journal 32, 2008.
"Appellate Law," 70 Texas Bar Journal 40, 2007.
"Class Actions," 68 Texas Bar Journal 31, 2005.
"The Texas Supreme Court Tightens the Noose on Class Actions," 66 Texas Bar Journal 30, 2003.
"CD-ROM: Briefing of the Future," 65 Texas Bar Journal 814, 2002.
"State Court Jurisdiction Expanded to Allow Permissive Appeals," 65 Texas Bar Journal 31, 2002.
"Top 5 Lists for the Texas Supreme Court's Term," Tex. Lawyer, Aug. 27, 2001, at 41.
"Top 10 Lists for the Supreme Court's Term," Tex. Lawyer, Aug. 28, 2000, at 42.
Selected Speeches
"Appellate Issues in the Commercial Litigation Case," Commercial Litigation Seminar, Texas Association of Defense Counsel, 2009.
"Mandamus," 23rd Annual Advanced Civil Appellate Practice Course, State Bar of Texas, 2009.
Keynote Address, University of Houston Golden Key International Honour Society, 2009.
"Texas Supreme Court Justices Panel," 22nd Annual Advanced Civil Appellate Practice Course, State Bar of Texas, 2008.
"Jury Charge," 31st Annual Advanced Civil Trial Course, State Bar of Texas, 2008.
"Sea Change: Excess Underwriters v. Frank's Casing, The Most Significant Insurance Decision in the Last Several Years," State Bar of Texas, 2008.
"How Not to Lose Your Appeal at Trial," International Association of Defense Counsel, Midyear Meeting, 2008.
Course Director and Moderator, 21st Annual Advanced Civil Appellate Practice Course, State Bar of Texas, 2007.
"How to Write a Strong Brief on the Merits," Practice Before the Texas Supreme Court, State Bar of Texas, 2007.
"Effective Appellate Advocacy: A Mock Oral Argument of an Insurance Case," International Association of Defense Counsel, Midyear Meeting, 2007.
"Reality Check: Processing Your Appeal," 20th Annual Advanced Civil Appellate Practice Course, State Bar of Texas, 2006.
"Turning the Tide: Use of Amicus Support to Potentially Alter the Outcome of Your Case," International Association of Defense Counsel, Annual Meeting, 2006.
"Insurance Update: Frank's Casing and Other Changes in Insurance Law Affecting Trial Practice," Litigation Section, Houston Bar Association, 2006.
"Insurer's Reimbursement Rights in Light of Frank's Casing and Matagorda County," 10th Annual Insurance Law Institute, University of Texas, 2005.
"Texas Supreme Court Update," Appellate Section, Tarrant County Bar Association, 2005.
"Practical Solution to Ethical Issues Facing In-House Lawyers," 4th Annual Advanced In-House Counsel Course, State Bar of Texas, 2005.
"Texas Supreme Court Update," Harris County Judicial Conference, 2005.
"From Initial Interview to Engagement Letter: Handling the Appellate Client and the Trial Lawyer," Appellate Law Section, Dallas Bar Association, 2005.
"Class Actions and What May Be in Store for the Future," Shell Knowledge Management Team Seminar, 2005.
Education
J.D., cum laude, University of Houston Law Center, 1988
B.B.A., University of Houston, 1985
Bar Admissions
Texas
Court Admissions
U.S. Courts of Appeals for the 1st, 2nd, 3rd, 4th, 5th, 6th, 7th, 8th, 9th, 10th, 11th, District of Columbia, and Federal Circuits
U.S. Supreme Court
Certifications
Texas Board of Legal Specialization, Civil Appellate Law
Affiliations
State Bar of Texas, Appellate Section, Chair, 2005-2006, Texas Bar Journal, Editorial Board Chair, 2002-2006
Houston Bar Association, Director, 2008-present; Appellate Practice Section, Chair, 1998-1999; The Houston Lawyer, Editor-in-Chief, 1991-1992
American Bar Association, Tort and Insurance Practice Section, Appellate Advocacy Committee, Chair, 2000-2001
International Association of Defense Counsel, Appellate Practice Committee, Chair, 2003-2009
Texas Association of Defense Counsel, Amicus Curiae Committee, Chair, 1997-1999
Texas Supreme Court Historical Society, Vice President, 2010-present
Houston Volunteer Lawyers Program, Treasurer, 2010-present
Houston Lawyer Referral Service, Trustee, 2010-present
Texas Bar Foundation, Vice Chair, 2009-present; Houston Nominating Committee, Chair, 2006-present; Sustaining Life Fellow
Houston Bar Foundation, Life Fellow
Houston Young Lawyers Association, President, 1999-2000
University of Houston Law Alumni Association, President, 2009-present
Noteworthy
Chambers USA: America's Leading Lawyers for Business, Appellate Litigation, 2006-present
Best Lawyers in America, Appellate Law, 2007-present
Top 100 Texas Super Lawyers, 2006-present
Top 100 Houston Super Lawyers, 2005-present
Texas Super Lawyers, Appellate, 2003-present