September 1, 2014 in News
During his one year term as Chair of the State Bar of Texas Appellate Section, Jeff Levinger wrote four “Chair’s Reports” that were published in the Section’s quarterly publication, The Appellate Advocate. Nearly 2,000 members of the Section receive The Appellate Advocate, which also can be found on the Section’s website. Levinger’s four articles can be read here:

• Memories of Marvin  — Levinger shares memories of his former law partner and mentor, the late Marvin S. Sloman.

• Amicus Briefing: The Section’s Newest Committee — Levinger introduces the bench and bar to the Section’s amicus briefing committee, and describes its mission and procedures.

• He Could Have Been an Appellate Lawyer — Drawing from the inspiring book, The Boys in the Boat, Levinger describes the parallels between a master boatbuilder from the 1930s and today’s appellate lawyers.

• Keeping the BMW on the Road — Levinger shares some of his hopes, wishes, and visions for the Appellate Section going forward.

August 1, 2014 in News
In July 2014, Jeff Levinger was elected to the Board of Governors of the Fifth Federal Circuit, where he will serve as the Governor for the Northern District of Texas.  Founded in 1984, the BAFFC has grown to a membership of over 6,000 Fifth Circuit practitioners.  Its Board of Governors works closely with trial and appellate judges in the Fifth Circuit to develop and implement uniform rules of practice and procedure, to raise standards of lawyer proficiency by sponsoring a federal appellate seminar, and to assist in planning substantive programming at the Fifth Circuit’s biannual Judicial Conference.  Levinger’s election to the Board of Governors caps a long relationship with the Fifth Circuit, which began in 1982 with his judicial clerkship for Judge Patrick E. Higginbotham and has continued with his handling of dozens of appeals before the Court.

March 4, 2014 in News
Working closely with Sullivan & Cromwell partners Michael Steinberg, Robert Giuffra, and Laura Oswell, Jeff Levinger successfully defended Enbridge U.S. in a closely-watched Dallas County jury trial involving three of the world’s largest pipeline companies and claims for damages in excess of one billion dollars.  In September 2011, Energy Transfer Partners sued Enterprise Products for breach of an alleged partnership to build a crude oil pipeline from Cushing, Oklahoma to the Gulf Coast. ETP also sued Enbridge, claiming that it had conspired with Enterprise to form a new pipeline venture that did not include ETP.  After a five-week trial beginning on January 27, 2014, the jury unanimously found that Enbridge did not conspire with Enterprise and did not act with malice toward ETP.  As to Enterprise, however, the jury found that it had created a partnership with ETP, had failed to comply with its duty of loyalty, and had caused damages to ETP of $319,375,000.  The case has attracted the close attention of energy industry experts and legal commentators over the extent to which Texas law recognizes “partnerships by conduct,” notwithstanding preliminary written agreements that disclaim partnerships and the existence of binding obligations.

Subject Matter:  Business Litigation, Oil and Gas/Real Estate

November 15, 2013 in News
For the fifth year, appellate attorney Jeff Levinger has been named among Texas’s top 100 attorneys by Thomson Reuters, the publishers of Texas Super Lawyers.  In addition, the publication named Levinger PC as the top solo litigation firm in Texas — the second consecutive year it has received this recognition.  Texas Super Lawyers is published annually based on peer surveys, analysis of attorney work, and panel reviews.  Less than five percent of all Texas lawyers are named to the list each year.

October 8, 2013 in News
On October 8, 2013, Jeff Levinger completed an unusual trifecta of arguing three different cases before the Texas Supreme Court in a span of less than eight months.  The October case is styled LAN/STV v. Martin K. Eby Construction Co., No. 11-0810, and presents the issue whether the economic loss rule affects a general contractor’s right to bring a negligent misrepresentation claim against an architect and engineer for providing inaccurate information on which the contractor relied in preparing its bid.  Levinger argued the second case on September 9, 2013; it is styled Kia Motors Corp. v. Ruiz, No. 11-0709, and presents several evidentiary issues in a products liability case involving a frontal airbag that failed to deploy in a head-on collision.  The first case, Ritchie v. Rupe, No. 11-0447, was argued on February 26, 2013 and presents questions regarding the scope of and remedies for the claim of minority shareholder oppression in Texas.  Click here to read the transcript from the oral argument in the Rupe case, Click here to read the transcript from the oral argument in the Ruiz case, Click here to read the transcript from the oral argument in the Eby case.

Subject Matter:  Business Litigation, Products Liability and Personal Injury, Procedural and Evidentiary Issues.