Overview

Emily Fitzgerald is a litigation attorney who focuses her practice on appellate law and oil and gas litigation. She has represented a variety of clients before the U.S. Supreme Court, Texas Supreme Court and numerous Texas courts of appeals. She also has experience in mandamus proceedings and amicus practice.

Ms. Fitzgerald collaborates with trial teams throughout all stages of litigation by preparing dispositive motions, motions in limine, jury charges and judgments, as well as consulting on error preservation for potential appellate issues. Additionally, she maintains a trial docket focused on commercial disputes and oil and gas matters involving lease termination and title actions, royalty disputes, and midstream litigation, among other issues.

Before joining the firm's Dallas office, Ms. Fitzgerald clerked for Justice Jeffrey S. Boyd of the Supreme Court of Texas and Chief Judge Lavenski R. Smith of the U.S. Court of Appeals for the Eighth Circuit.

Representative Experience

  • Received favorable opinion from the Fort Worth Court of Appeals holding that the client’s due process rights were violated when the trial court entered final judgment without sufficient notice of the dispositive hearing; the court reversed the trial court’s divorce decree and remanded for further proceedings
  • Preserved trial court’s holding that a nonparty lacked standing to challenge a client’s bona-fide-purchaser status in an appeal arising from a foreclosure sale action
  • Successfully opposed review by the Texas Supreme Court, preserving an appellate victory for a mineral interest owner in a royalty dispute
  • Obtained victory for a Texas electricity provider on an issue of first impression that required the Texas Supreme Court to interpret a statute that creates a tax exemption for pollution-control equipment
  • Successfully opposed certiorari at the U.S. Supreme Court, preserving a defense victory for a railroad client in a multibillion-dollar class action lawsuit
  • Represented the Texas Oil and Gas Association in amicus briefing before the Texas Supreme Court in a case requiring interpretation of critical and customary oil and gas lease language

Credentials

Education
  • The University of Texas School of Law, J.D.
  • University of Arkansas, B.A., magna cum laude
Bar Admissions/Licenses
  • Texas
Court Admissions
  • U.S. Supreme Court
  • U.S. Court of Appeals for the Fifth Circuit
  • U.S. District Court for the Eastern District of Texas
  • U.S. District Court for the Northern District of Texas
  • U.S. District Court for the Western District of Texas
Memberships
  • State Bar of Texas, Appellate and Advocacy Section
  • National Center for State Courts, Young Lawyers Committee
Honors & Awards
  • The Best Lawyers in America guide, Ones to Watch: Appellate Practice and Commercial Litigation, 2021, 2022

Publications

Speaking Engagements

News