Practice Area


Successful appeals require a thorough understanding of both the law and the judicial mindset. Our lawyers have an exceptional track record of overturning adverse decisions and preserving victories in civil cases. Over the past 30 years, they have addressed a broad range of significant issues and handled appeals involving hundreds of millions of dollars.

The team has represented clients in appellate proceedings in the U.S. Courts of Appeals for the Second, Third, Fourth, Fifth, Sixth, Eighth, Ninth, Tenth, Eleventh, and Federal Circuits and in the Supreme Court of the United States, as well as in the Supreme Court of Texas, intermediate Texas appellate courts, and various other state appellate courts. Their experience extends to issues that arise at the trial court level (such as matters relating to jury instructions, jury questions, and dispositive motions) in addition to mandamus actions and amicus briefs.

Decades of experience

Hicks Johnson’s appellate practice is led by two highly experienced practitioners: Penny Nicholson and Marc Tabolsky. Before joining the firm, Penny was a partner at Vinson & Elkins, where she co-founded the firm’s Appellate section. She has been board certified in Civil Appellate Law by the Texas Board of Legal Specialization since 1990. Marc practiced as a partner at Yetter Coleman and served as a law clerk to Judge Edith Jones of the United States Court of Appeals for the Fifth Circuit.

Image Source