Gretchen Sween

Obtained termination of appeal of trial success in case challenging the constitutionality of a state administrative rule before the Supreme Court of the United States in Hegar v. Texas Etn. Ass’n, Inc., 142 S. Ct. 2852 (Jun. 21, 2022) and then enabled prevailing client to recover virtually all attorneys’ fees and costs.

Obtained a rare summary reversal from the Supreme Court of the United States for a death-sentenced client in Andrus v. Texas, 140 S. Ct. 1875 (2020).

Expedited resolution of a diverting appeal in Pontchartrain v. Tierra de Los Lagos, No. 22-30286 (5th Cir. 2022), obtaining swift affirmance of the district court’s conclusion that a duplicative lawsuit should not be deemed the “first-filed” but rather an “anticipatory lawsuit” more indicative of “childish fighting in the sandbox” endeavoring to avoid “addressing this serious matter.”

Led two successful, parallel appeals to the Fifth Circuit, one obtaining mandamus relief, and both successful, in multi-million-dollar commercial disputes: See In Re: Lloyd’s Register North America, Inc., No. 14–20554 (5th Cir. Feb. 18, 2015); Vloeibara Pret Ltd. v. Lloyd’s Register North America, Inc., No. 14-20538 (5th Cir. April 16, 2015); then successfully opposed a petition for writ of certiorari to the Supreme Court.

Obtained reversal and rendition of a take-nothing judgment for client who had lost multi-million-dollar retaliation claim at trial because no evidence supported the jury’s constructive discharge finding; see Microsoft Corp. v. Mercieca, 502 S.W.3d 291 (Tex. App.—Houston [14th Dist.] 2016).

Managed all litigation matters in federal and state courts in Texas, California, and South Carolina for a commercial real estate capital markets intermediary, successfully moving to dismiss all claims in federal multi-defendant action.

Represented international pharmaceutical company and related entities in mass tort litigation in MDL proceeding, serving as key member of motions team and preparing and pursuing strategy to garner dismissal of numerous defendants and of discrete claims brought against all defendants; led process of responding to Plaintiffs’/Appellants’ initial appeal to 11th Circuit Appeal of hundreds of consolidated dismissals, including all drafting, strategic planning, and communications with the court until Appellants’ agreed to abandoned the appeals on the eve of their deadline to file a brief on the merits.

Represented a leading global distributor of high-performance steel and alloy products in resolving several multi-party contractual disputes so as to forestall protracted litigation, procuring favorable settlement terms for the client.

Represented New York Stock Exchange oil & gas services business in multiple matters, including as first-chair in evidentiary hearings obtaining a preliminary injunction to enforce Noncompetition Agreement and negotiating a favorable settlement on the eve of trial, resulting in entry of a permanent injunction.

Represented a venture capital group, and individual board members in litigation arising from the demise of publicly traded company; briefed and argued cross motions for summary judgment involving novel issues of law in the Northern District of Texas; negotiated a settlement that included dismissal with prejudice of hundreds of claims under the Perishable Agricultural Commodities Act.

Managed, from case acceptance through trial, wrongful death action arising from a private plane crash that ended with a negligence verdict against two non-settling defendants in Texas state court.

Represented agent of physician groups seeking to recover under a class action settlement with CIGNA HealthCare in In re Managed Care Litigation in Southern District of Florida, negotiating multi-million-dollar settlement without filing suit.