Roach Newton is probably best known for its successful representation of clients before the Texas Supreme Court. Since the early 80s, Randy Roach has represented Fortune 500 businesses before the Court, primarily on legal issues concerning gross negligence and punitive damages, oil and gas, products liability, insurance coverage and indemnities, fraud, breach of contract, and breach of fiduciary duties. Since 1990, Randy has taught successful advocacy skills and strategies before the Texas Supreme Court to law students at the University of Texas’ and University of Houston’s law schools. He has also taught lawyers Texas Supreme Court practice in over 75 continuing legal education papers and presentations. He has moderated over 16 CLE panels of judges on practice before the Texas Supreme Court. His paper on Court-Centered Advocacy Before the Texas Supreme Court became a chapter of the State Bar’s publication on Practice Before the Texas Supreme Court. Randy has represented more than 60 clients before the Texas Supreme Court.
Selected Representations:
- Engaged as lead appellate counsel by top pharmaceutical manufacturer to present oral argument in Texas Supreme Court as Petitioner opposite former Justice of that Court regarding product liability fraud in case of first impression. Coordinated closely with top national trial and appellate firm resulting in unanimous reversal.
- Engaged as lead appellate counsel in Houston court of appeals and Texas Supreme Court to appeal damage award entered without any expert witness testimony on causation. Resulted in Texas Supreme Court adopting the post hoc proctor hoc rule on causation.
- Engaged as lead appellate counsel in Austin court of appeals twice and in Texas Supreme Court twice regarding defamation, ultimately resulting in reversal of most damage claims.
- Engaged as lead appellate counsel in Houston court of appeals and Texas Supreme Court by large oil transportation company regarding explosion of multi-million-dollar gas terminal, resulting in take-nothing judgment.
- Engaged after trial by Baptist church to present oral argument as Respondent to Texas Supreme Court resulting in Texas becoming an eight-corners insurance coverage state. Coordinated closely with church’s primary trial and appellate law firm.
- Engaged as Petitioner by largest international metals company to present oral argument in Texas Supreme Court to permit undesignated rebuttal expert on gross negligence. Coordinated closely with client’s national law firm.
- Engaged by attorney client and top Texas trial firm to present oral argument to Texas Supreme Court regarding fiduciary duties of attorneys and interpretation of engagement agreement.
- Engaged by major national construction company to present oral argument in Texas Supreme Court as Respondent after that court granted review. Engagement entailed close cooperation with national biglaw coverage firm and top Texas trial firm.
- Engaged by national oil company to appeal fraud component of a judgment for hundreds of millions, Roach Newton obtained a new interpretation of key contract provision on rehearing ending in settlement after briefing to Texas Supreme Court.
- Engaged as lead appellate counsel in Texas Supreme Court by oil and gas amici clients to successfully defend the insurability of punitive damages.
- Engaged by financial services company to bring mandamus in Texas Supreme Court over disqualification of law firm where legal assistant had previously worked for opposing law firm. Disqualification order reversed.
- Engaged as lead appellate counsel in court of appeals and Texas Supreme Court by beneficiaries of an oil and gas trust to successfully defend against a potentially case-ending mandamus in a $2B dispute.
- Engaged as lead appellate counsel in Beaumont court of appeals and Texas Supreme Court by major oil company to appeal a declaratory judgment transferring ownership of oil and gas producing properties from the company, resulting in a reversal and render of the declaratory judgment action.
- Engaged by New York-based oil company as lead appellate counsel in El Paso court of appeals and Texas Supreme Court regarding multi-million adverse judgment requiring reimbursement of policyholder’s insurance company for alleged misrepresentations in their insurance claim, resulting in reversal in El Paso and key affirmance in Texas Supreme Court.
- Engaged as lead appellate counsel in Ft. Worth Court of Appeals and Texas Supreme Court by Ft. Worth-based oil and gas company regarding interpretation of oil and gas leases.
- Engaged as lead appellate counsel by large independent oil and gas company to seek review by Texas Supreme Court of adverse judgment won by major oil company.
