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- Appellate Case Evaluation and Advice
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Profile
For more than four decades, Nina Cortell has represented corporations, public entities and individuals in cases that have put her at the forefront of Texas litigation practice. Chambers USA, Chambers and Partners notes her “superlative reputation” and ranks her as the top appellate lawyer in Texas, with a “star” rating (2016-2020). Best Lawyers (published by Woodward/White, Inc.) recognizes her as the 2020 “Lawyer of the Year” for bet-the-company litigation in Dallas/Fort Worth.
Nina’s record includes recent significant victories in both state and federal appellate courts, as well as in trial courts. In two decisions, in 2020 and 2019, the Texas Supreme Court upheld the constitutionality of reforms instituted by the Dallas Police and Fire Pension System, critical to preserving the system’s solvency. In the Court's 2016-2017 term, she secured two wins for ExxonMobil in cases involving the Texas Anti-SLAPP statute and agency law. In the Fifth Circuit (also in 2017), she represented Trinity Industries in a landmark reversal of a $636 million False Claims Act judgment and Texas Capital Bank in defeating multi-million- dollar lender liability claims. In state courts of appeals, she secured significant wins for Matador Resources Company (in two oil and gas disputes). Her recent trial court victories include dismissals in shareholder suits for AT&T and ExxonMobil.
Nina also places a high priority on community service. She is proud of her role as a co-founder of the Center for Women in Law at the University of Texas School of Law, which is devoted to enhancing the success of women in law and serves as a national resource to convene leaders, generate ideas, and lead change. Nina also works actively with the judiciary to improve the judicial process. Her current work includes her service on the prestigious Texas Supreme Court Advisory Committee, which is comprised of judges and attorneys from across the state and advises the Court in connection with its rule-making authority.
Nina is honored to have received the 2016 Greg Coleman Outstanding Appellate Lawyer Award from the Texas Bar Foundation, the 2013 Jack Pope Professionalism Award from the Texas Center for Legal Ethics (given annually to one lawyer who personifies the highest standards of professionalism and integrity in the field of law), the 2012 University of Texas School of Law Distinguished Alumnus Award for Community Service, and the 1999 Louise B. Raggio Award for significant contributions toward the advancement of women in the legal profession.
Nina’s record includes recent significant victories in both state and federal appellate courts, as well as in trial courts. In two decisions, in 2020 and 2019, the Texas Supreme Court upheld the constitutionality of reforms instituted by the Dallas Police and Fire Pension System, critical to preserving the system’s solvency. In the Court's 2016-2017 term, she secured two wins for ExxonMobil in cases involving the Texas Anti-SLAPP statute and agency law. In the Fifth Circuit (also in 2017), she represented Trinity Industries in a landmark reversal of a $636 million False Claims Act judgment and Texas Capital Bank in defeating multi-million- dollar lender liability claims. In state courts of appeals, she secured significant wins for Matador Resources Company (in two oil and gas disputes). Her recent trial court victories include dismissals in shareholder suits for AT&T and ExxonMobil.
Nina also places a high priority on community service. She is proud of her role as a co-founder of the Center for Women in Law at the University of Texas School of Law, which is devoted to enhancing the success of women in law and serves as a national resource to convene leaders, generate ideas, and lead change. Nina also works actively with the judiciary to improve the judicial process. Her current work includes her service on the prestigious Texas Supreme Court Advisory Committee, which is comprised of judges and attorneys from across the state and advises the Court in connection with its rule-making authority.
Nina is honored to have received the 2016 Greg Coleman Outstanding Appellate Lawyer Award from the Texas Bar Foundation, the 2013 Jack Pope Professionalism Award from the Texas Center for Legal Ethics (given annually to one lawyer who personifies the highest standards of professionalism and integrity in the field of law), the 2012 University of Texas School of Law Distinguished Alumnus Award for Community Service, and the 1999 Louise B. Raggio Award for significant contributions toward the advancement of women in the legal profession.
Bar Admissions
Texas
Education
J.D., University of Texas, 1976, cum laude; Associate Editor Texas Law Review; Teaching Quizmaster
B.A., University of Texas, 1973 summa cum laude, Plan II (liberal arts honors program)
Areas of Practice
- Appellate
- Appellate Case Evaluation and Advice
- Energy Appeals
- Family Law
- Litigation
- Media and First Amendment Appeals
- Tort and Products Liability Appeals
Professional Career
Significant Accomplishments
Persuaded the Supreme Court of Texas to hold that the Texas Anti-SLAPP statute applies in an employment setting to statements made by employees in connection with environmental, health, safety, and economic concerns. ExxonMobil Pipeline Co. v. Coleman, 512 S.W.3d 895 (Tex. 2017).
Obtained a complete take-nothing judgment for ExxonMobil in a complex employment-discrimination case. Exxon Mobil Corporation and WHM Custom Services Inc., v. Gilberto Rincones, 520 S.W.3d 572 (Tex. 2017).
Part of a team that reversed a $663 million False Claims Act judgment stemming from a whistle-blower’s claim regarding Trinity Industries’ guardrail end terminals that were approved for use by the Federal Highway Administration. U.S. ex rel. Harman v. Trinity Industries Inc. et al., 872 F.3d 645 (5th Cir. 2017).
Affirmed take-nothing judgment for banking client in suit by borrower seeking millions of dollars in damages. In re Dallas Roadster, Ltd., 846 F.3d 112 (5th Cir. 2017).
Procured $7.5 million coverage ruling in favor of insured. RSUI Indem. Co. v. Lynd Co., 2015 Tex. LEXIS 442 (Tex. 2015).
Reversed $14.2 million contract claim against oil and gas client. MRC Permian Company v. Three Rivers Operating Co., 2015 WL 4639711 (Tex. App.—Dallas 2015, pet. denied).
Upheld choice of law clause, permitting enforcement of forfeiture-for-competition clause in non-contributory profit sharing plan. Exxon Mobil Corp. v. Drennen, 452 S.W.3d 319 (Tex. 2014).
Reversed judgment based on unenforceability of provision in fracking contract. Matador Prod. Co. v. Weatherford Artificial Lift Sys., 450 S.W.3d 580 (Tex. App. 2014, pet. denied).
Invalidated $29 million liquidated damages provision in renewable energy contract. FPL Energy, LLC v. TXU Portfolio Mgmt. Co., L.P., 426 S.W.3d 59 (Tex. 2014).
Reversed venue order. Union Pac. R.R. Co. v. Stouffer, 420 S.W.3d 233 (Tex.App. - Dallas 2013).
Obtained dismissal of shareholder derivative suits in the trial court. Pierce v. Stephenson, 193rd Judicial District Court, Dallas County (2016); In re AT&T, Inc. Shareholder Derivative Litigation, Dallas County Court of Law No. 3 (2013).
Obtained $7 million summary judgment on guaranty, overcoming claims that guaranty was fraudulently procured. Texas Capital Bank v. Tri-County Autoplex,162nd Judicial District Court, Dallas, Texas (2012).
Reversed temporary injunction on ground that agreements were not enforceable as a matter of law; after court of appeals' ruling, opponent dismissed its suit. Anland North, L.P., et al v. Center Operating Company, Cause No. 05-12-00128-CV (Tex. App. - Dallas 2012).
After filing of opening appellate briefs, opponent agreed to settle commercial dispute for almost $200 million less than its judgment. i2 Technologies, Inc. v. Dillards, Cause No. 05-10-01645-CV (Tex. App. -Dallas 2011).
Persuaded the Fifth Circuit Court of Appeals to dismiss the appeal of a $3.6 billion bankruptcy plan of reorganization, which was challenged by a competing bidder and the company's union. In the Matter of Asarco L.L.C., Cause No. 09-41259 (5th Cir. 2010).
Obtained remittitur in the district court prior to appeal, reducing punitive damages award by $77.6 million. IRCC, et al. v. Harold Simmons, et al., 192nd Judicial District Court, Dallas, Texas (2009).
Obtained mandamus review in the Texas Supreme Court on behalf of a large bank group in $26 billion
dispute. In re Citigroup, Cause No. 08-0289 (Tex. 2008).
Reversed $8.5 million judgment adverse to client and obtained rendition of $2.5 million judgment in favor client. Blockbuster Inc. v. C-Span and Sunil Dharod, 276 S.W.3d 482 (Tex. Civ. App. – Dallas 2008, pet. granted and judgm't vacated pursuant to settlement).
Persuaded the Supreme Court of Texas to hold that the Texas Anti-SLAPP statute applies in an employment setting to statements made by employees in connection with environmental, health, safety, and economic concerns. ExxonMobil Pipeline Co. v. Coleman, 512 S.W.3d 895 (Tex. 2017).
Obtained a complete take-nothing judgment for ExxonMobil in a complex employment-discrimination case. Exxon Mobil Corporation and WHM Custom Services Inc., v. Gilberto Rincones, 520 S.W.3d 572 (Tex. 2017).
Part of a team that reversed a $663 million False Claims Act judgment stemming from a whistle-blower’s claim regarding Trinity Industries’ guardrail end terminals that were approved for use by the Federal Highway Administration. U.S. ex rel. Harman v. Trinity Industries Inc. et al., 872 F.3d 645 (5th Cir. 2017).
Affirmed take-nothing judgment for banking client in suit by borrower seeking millions of dollars in damages. In re Dallas Roadster, Ltd., 846 F.3d 112 (5th Cir. 2017).
Procured $7.5 million coverage ruling in favor of insured. RSUI Indem. Co. v. Lynd Co., 2015 Tex. LEXIS 442 (Tex. 2015).
Reversed $14.2 million contract claim against oil and gas client. MRC Permian Company v. Three Rivers Operating Co., 2015 WL 4639711 (Tex. App.—Dallas 2015, pet. denied).
Upheld choice of law clause, permitting enforcement of forfeiture-for-competition clause in non-contributory profit sharing plan. Exxon Mobil Corp. v. Drennen, 452 S.W.3d 319 (Tex. 2014).
Reversed judgment based on unenforceability of provision in fracking contract. Matador Prod. Co. v. Weatherford Artificial Lift Sys., 450 S.W.3d 580 (Tex. App. 2014, pet. denied).
Invalidated $29 million liquidated damages provision in renewable energy contract. FPL Energy, LLC v. TXU Portfolio Mgmt. Co., L.P., 426 S.W.3d 59 (Tex. 2014).
Reversed venue order. Union Pac. R.R. Co. v. Stouffer, 420 S.W.3d 233 (Tex.App. - Dallas 2013).
Obtained dismissal of shareholder derivative suits in the trial court. Pierce v. Stephenson, 193rd Judicial District Court, Dallas County (2016); In re AT&T, Inc. Shareholder Derivative Litigation, Dallas County Court of Law No. 3 (2013).
Obtained $7 million summary judgment on guaranty, overcoming claims that guaranty was fraudulently procured. Texas Capital Bank v. Tri-County Autoplex,162nd Judicial District Court, Dallas, Texas (2012).
Reversed temporary injunction on ground that agreements were not enforceable as a matter of law; after court of appeals' ruling, opponent dismissed its suit. Anland North, L.P., et al v. Center Operating Company, Cause No. 05-12-00128-CV (Tex. App. - Dallas 2012).
After filing of opening appellate briefs, opponent agreed to settle commercial dispute for almost $200 million less than its judgment. i2 Technologies, Inc. v. Dillards, Cause No. 05-10-01645-CV (Tex. App. -Dallas 2011).
Persuaded the Fifth Circuit Court of Appeals to dismiss the appeal of a $3.6 billion bankruptcy plan of reorganization, which was challenged by a competing bidder and the company's union. In the Matter of Asarco L.L.C., Cause No. 09-41259 (5th Cir. 2010).
Obtained remittitur in the district court prior to appeal, reducing punitive damages award by $77.6 million. IRCC, et al. v. Harold Simmons, et al., 192nd Judicial District Court, Dallas, Texas (2009).
Obtained mandamus review in the Texas Supreme Court on behalf of a large bank group in $26 billion
dispute. In re Citigroup, Cause No. 08-0289 (Tex. 2008).
Reversed $8.5 million judgment adverse to client and obtained rendition of $2.5 million judgment in favor client. Blockbuster Inc. v. C-Span and Sunil Dharod, 276 S.W.3d 482 (Tex. Civ. App. – Dallas 2008, pet. granted and judgm't vacated pursuant to settlement).
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