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PAMELA STANTON BARON, Austin Attorney at Law HONORABLE DAVID B. GAULTNEY, Beaumont Ju

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PAMELA STANTON BARON, Austin Attorney at Law HONORABLE DAVID B. GAULTNEY, Beaumont Ju THE MOST UNDERUTILIZED ADVOCACY Moderator: PAMELA STANTON BARON, Austin Attorney at Law HONORABLE DAVID B. GAULTNEY, Beaumont Justice 9th Court of Appeals HONORABLE EVA GUZMAN, Houston Justice 14th Court of Appeals HONORABLE AMOS MAZZANT, Dallas Justice 15th Court of Appeals HONORABLE LINDA REYNA YANEZ, Edinburg Justice 13th Court of Appeals State Bar of Texas 21ST ANNUAL ADVANCED CIVIL APPELLATE PRACTICE COURSE September 6 – 7, 2007 Austin CHAPTER 23 PAMELA STANTON BARON Attorney at Law [email protected] Post Office Box 5573 Telephone: (512) 479-8480 Austin, Texas 78763 Fax: (512) 479-8070 BIOGRAPHICAL INFORMATION EDUCATION J.D. with honors, 1978, The University of Texas School of Law, Austin, Texas. B.A. with highest distinction, 1975, Purdue University, West Lafayette, Indiana. Phi Beta Kappa. Valedictorian, 1972, Texas City High School, Texas City, Texas. Class Rank 1/500; National Merit Scholar. PROFESSIONAL EXPERIENCE Sole Practitioner, Austin, September 1993 - present Staff Attorney, Supreme Court of Texas, October 1989 - August 1993 Associate, Graves, Dougherty, Hearon & Moody, Austin, September 1982 - September 1989 Associate, Arent, Fox, Kintner, Plotkin & Kahn, Washington, D.C., October 1978 - June 1982 APPOINTMENTS, ACTIVITIES AND MEMBERSHIPS Member, Supreme Court Rules Advisory Committee, 1993 - present Chair, Subcommittee on Tex. R. Civ. P. 1-14c Member, Subcommittees on Texas Rules of Appellate Procedure and Tex. R. Civ. P. 215 Member, Texas Supreme Court Taskforce to Expand Legal Services Delivery, 2004-2006 Board Certified, Civil Appellate Law, Texas Board of Legal Specialization Chair, Appellate Section, State Bar of Texas (2004-2005); Chair-Elect (2003-2004); Vice Chair (2002-2003); Secretary and Membership Services Committee Chair (2001-2002); Treasurer (2000-2001); Council Member (1996-1999); Appellate Rules Committee Chair (1997-2001) Member, Civil Appellate Law Exam Commission, Texas Board of Legal Specialization, 1996-2005 Chair, University of Texas School of Law, Annual Conferences on State and Federal Appeals, June 1996, 1997, 2000, 2003, 2005, and 2006 Secretary-Treasurer and Board of Directors, Friends of the State Law Library Top 50 Female Super Lawyers, TexasMonthly Magazine, November 2003 Texas Super Lawyer, TexasMonthly Magazine, November 2003, 2004, and 2005 Frequent speaker and author on Texas Supreme Court practice and other appellate law topics AV rating by Martindale-Hubbell Admitted to the Texas and Washington, D.C. bars SELECTED PUBLICATIONS Happy Fiscal New Year! Out With The Old, In With The New, State Bar of Texas, Advanced Civil Appellate Practice Course, Sept. 2006. Texas Supreme Court Update: A Look at Trends and the Term Ahead, 2005 Judicial Section Annual Conference, Sept. 2005. Certified Questions To and From the Texas Supreme Court, 17 APPELLATE ADVOCATE 6 (Winter 2005). Supreme Court Jurisdiction, State Bar of Texas, TEXAS SUPREME COURT PRACTICE MANUAL 2005 (2005) (co-author with Prof. Alex Albright). Texas Supreme Court Update, 2004 Judicial Section Annual Conference, Sept. 2004. Texas Supreme Court Mandamus Update, State Bar of Texas, Practice Before the Supreme Court of Texas, April 2004. Chutes and Ladders: Unusual Paths In and Out of the Appellate Courts, State Bar of Texas, Advanced Civil Appellate Practice Course, Sept. 2003. Interlocutory Appeals, Mandamus, and Other Extraordinary Remedies, State Bar of Texas, Advanced Civil Trial Course, Fall 2003. Help! The Other Side Has Filed a Petition for Review — What Do I Do Now? State Bar of Texas, Practice Before the Supreme Court of Texas, April 2003. The 2002 Amendments to the Texas Rules of Appellate Procedure With Commentary, 15 APPELLATE ADVOCATE 5 (Fall 2002) (co-author with Prof. William V. Dorsaneo III and W. Wendell Hall). Appellate Sanctions, State Bar of Texas, Civil Appellate Practice Boot Camp, Sept. 2002 (co-author). Texas Supreme Court Practice, State Bar of Texas, Advanced Personal Injury Law Course, Summer 2002. Drafting Issues in the Texas Supreme Court, State Bar of Texas, Advanced Civil Appellate Practice Course, Sept. 2001. The Texas Supreme Court by the Numbers: A Statistical Survey, University of Texas School of Law, 11th Annual Conference on State and Federal Appeals, May 2001 (co-author). The Civil Amicus Brief, 13 APPELLATE ADVOCATE 4 (Fall 2000). Simplicity, Simplicity, Simplicity! Techniques for Presenting Complicated Facts and Issues Simply, State Bar of Texas, Advanced Civil Appellate Practice Course, Sept. 2000. New Process Is a Blessing and Curse; Switching to the Petition for Review Has Had Some Unintended Consequences, THE TEXAS LAWYER (Sept. 6, 1999). Petitions for Review: Frequently Asked Questions, 12 APPELLATE ADVOCATE 3 (June 1999). Mandamus Writs are Hard to Predict, THE TEXAS LAWYER (July 13, 1998). Developments in the Substantive Law: Beware the Rule Robots, THE TEXAS LAWYER (Dec. 15, 1997). Beyond Debate: Per Curiam Disposition by the Texas Supreme Court, Houston Bar Association, Appellate Practice Section, March 1997. The New Petition for Review: Larger Issues, Smaller Brief, State Bar of Texas, Advanced Civil Appellate Practice Course, September 1996. SELECTED APPEALS — Texas Supreme Court United Services Automobile Ass’n v. Brite, 161 S.W.3d 566 (Tex. App.–San Antonio 2005, pet. granted). Lead Supreme Court counsel for USAA in employment discrimination case. Court granted petition and will hear argument in the fall. City of San Antonio v. Pollock, 155 S.W.3d 322 (Tex. App.—San Antonio 2004, pet. granted). Co- appellate counsel for City of San Antonio seeking review of $10 million judgment for personal injury damages allegedly caused by exposure to gases migrating from a landfill adjoining the plaintiffs’ property. Court granted petition and will hear argument in the fall. Atofina Petrochemicals, Inc. v. Continental Casualty Co., 49 Tex. S. Ct. J. 225 (Dec. 16, 2005) (per curiam). Lead Supreme Court counsel for Atofina in case defining prerequisites and terms of additional insured coverage for premises owner. Successfully obtained per curiam opinion reinstating trial court judgment in favor of Atofina on coverage issue. National Union Fire Ins. Co. v. Zink, 05-0770 (pending). Co-appellate counsel in the Texas Supreme Court for insurers in complex subrogation action; Court has requested full briefing. City of San Antonio v. TPLP Office Park Properties, No. 04-1130 (pending). Lead Supreme Court counsel for City of San Antonio in case involving validity of City ordinance; Court requested full briefing. City of Austin v. Travis County Landfill Co., L.L.C., 73 S.W.3d 234 (Tex. 2002). Lead appellate counsel for the City of Austin in case in which Texas Supreme Court reversed a multi-million dollar award against the City for inverse condemnation premised on overflights at new airport. E. I. DuPont de Nemours & Co. v. Robinson, 923 S.W.2d 549 (Tex. 1995). Co-counsel for DuPont with primary responsibility for drafting briefs and presenting oral argument. Successfully persuaded Texas Supreme Court to apply Daubert reliability standard to experts testifying in Texas state courts. HECI Exploration Co. v. Neel, 982 S.W.2d 881 (Tex. 1998). Lead appellate counsel for HECI in reversing multi-million dollar judgment on grounds that royalty owners cannot invoke the discovery rule when they fail to investigate readily-available information. AT&T Corp. v. Bryceland, 03-0948 (settled). Co-appellate counsel for AT&T in the Texas Supreme Court in multi-million dollar class action against cell phone service provider. Successfully obtained grant of petition for review on rehearing; case settled prior to oral argument. Wagner & Brown, Ltd. v. Horwood, 58 S.W.3d 732 (Tex. 2001). Co-counsel for Wagner & Brown in case involving application of discovery rule to underpayment of claims by royalty owners. Court agreed with Wagner & Brown and rejected application of the discovery rule. Wagner & Brown, Ltd. v. Horwood, 53 S.W.3d 347 (Tex. 2001) (Hecht, J., dissenting to denial of rehearing). Lead Supreme Court counsel on rehearing from court order dismissing appeal in class certification case for want of jurisdiction. Court denied rehearing, but rehearing motion quoted extensively in dissent. FM Properties v. City of Austin, 22 S.W.3d 868 (Tex. 2000). Co-counsel for the City of Austin with substantial briefing responsibility. The Texas Supreme Court agreed with the City that a statute permitting private landowners to form water quality zones constituted an unconstitutional delegation of legislative power to private entities. Quick v. City of Austin, 7 S.W.3d 109 (Tex. 1997). Co-counsel for the City of Austin with substantial briefing responsibility. The Texas Supreme Court upheld the City’s power to regulate water quality in its extraterritorial jurisdiction. Stokes v. Aberdeen Ins. Co., 917 S.W.2d 267 (Tex. 1996) (per curiam). Lead appellate counsel for Stokes. The Texas Supreme Court, by per curiam opinion, reinstated an appeal that the court of appeals had dismissed for lack of jurisdiction. SELECTED APPEALS — Courts of Appeals Exxon Corp. v. Makofski, 116 S.W.3d 176 (Tex. App.—Houston [14th Dist.] 2003, pet. denied). Co-counsel for ExxonMobil in case overturning multi-million dollar judgment premised on toxic exposure to benzene in a subdivision’s water supply. Principal responsibility for Daubert/Robinson issues for medical causation. Browning Oil Co. v. Luecke, 38 S.W.3d 625 (Tex. App.—Austin 2000, pet. denied). Co-counsel for Browning with primary responsibility for briefing issue of measure of damages for alleged breach of a pooling clause by drilling a horizontal well. Successfully obtained a remand based on improper measure of damages. Moyer v. Moyer, 2005 WL 2043823 (Tex. App.—Austin 2005, no pet.) (mem. op.). Lead appellate counsel for wife; court affirmed significant damages award for intentional infliction of emotional distress. Munters Corp. v. Swissco Young Indus., Inc., 100 S.W.3d 292 (Tex. App.—Houston [1st Dist.] 2002, pet. dism’d). Hired as co-appellate counsel on rehearing for out-of-state manufacturer complaining of multi- million dollar judgment under the DTPA; obtained dissent on rehearing. Case later settled. Southwest Travis County Water District v.
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