Warren W. Harris

Mr. Harris has been appointed by the Commission for Lawyer Discipline as special assistant appellate disciplinary counsel in attorney discipline proceedings. He has also represented the United States as an Appellate Special Prosecutor.

Representative Matters

Pasadena Refining System, Inc. v. Mike McCraven, No. 14-10-00837-CV; Tex. App.-Houston [14th Dist.] 2012. Affirmed $5 million judgment in premises liability case. 

In re Cypress Texas Lloyds, No. 09-12-00077-CV; Tex. App.-Beaumont 2012. Granted mandamus relief and compelled appraisal in insurance case. 

Elizondo v. Krist, No. 14-09-00267-CV; Tex. App.-Houston [14th Dist.] 2011. Upholding defense judgment in a legal malpractice case.

United States of America v. Hill, 420 Fed. Appx. 407; 5th Cir. 2011. Served as Appellate Special Prosecutor, upheld contempt order.

In re Panhandle Eastern Pipeline Co., LP, No. 01-11-00370-CV; Tex. App.-Houston [1st Dist.] 2011.  Granting emergency stay of trial proceedings.

Rodriguez v. Villarreal, 314 S.W.3d 636, Tex. App.-Houston [14th Dist.] 2010. Reversal of judgment based on high-low settlement agreement.

Franks Investment Co. LLC v. Union Pacific R.R., No. 08-30236; 5th Cir. 2010. En banc reversal on preemption issues. 

Baker Hughes v. Nalco Company, No. 2010-1124; Fed. Cir. 2010. Affirmed preliminary injunction in a patent infringement matter.

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.

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.

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.

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.

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,” 75 Texas Bar Journal 1, 2012

"Appellate Law," 74 Texas Bar Journal 19, 2011

"Appellate  Law," 73 Texas Bar Journal 25, 2010

"Appellate  Law," 72 Texas Bar Journal 34, 2009

"The Texas Supreme Court Tightens the Noose on Class Actions," 66 Texas Bar Journal 30, 2003

"State Court Jurisdiction Expanded to Allow Permissive Appeals," 65 Texas Bar Journal 31, 2002

Selected Speeches

"Mandamus Trends," 35th Annual Advanced Civil Trial Course sponsored by TexasBarCLE and the State Bar of Texas, July 2012

"State v. Federal Jury Charges," 26th Annual Advanced Civil Appellate Section Course, September 2012

"Mandamus Trends," 35th Annual Advanced Civil Trial Course, July 2012

"Federal and State Appellate Procedure," State Bar of Texas Civil Appellate Practice 101 Seminar, 2011

"Constructing Petitioner's Brief," Practice Before the Texas Supreme Court, State Bar of Texas, 2011

"How to Prepare Your Company for High-Profile Litigation," Association of Corporate Counsel Houston Chapter, 2010

"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

"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

"Effective Appellate Advocacy: A Mock Oral Argument of an Insurance Case," International Association of Defense Counsel, Midyear Meeting, 2007