Civil Appellate
Civil Trial Litigation
Andrew D. Sims

 About Andy

Andrew (Andy) Sims is an accomplished specialist in civil appellate and trial litigation.  He is licensed to practice in Texas, Pennsylvania, and Arkansas.  During his thirty years of practice, his expertise in trial and appellate law has proved to be a significant benefit to his clients.  His broad range of experience includes class actions, oil and gas, real estate, financial institutions, insurance, contracts, construction, shareholder oppression and derivative suits, corporate governance, fiduciary litigation, business torts, and intellectual property.  Andy also represents automobile dealers in administrative and trial litigation matters and enjoys representing churches and denominational organizations in a variety of matters, including First Amendment issues.  

Andy has been certified by the Texas Board of Legal Specialization in Civil Appellate Law and Civil Trial Law since 1992 and 1993, respectively.  He is admitted to practice before the United States Supreme Court, Federal Circuit Court of Appeals, 10th Circuit Court of Appeals, 5th Circuit Court of Appeals, 3rd Circuit Court of Appeals, the Federal Courts for the Eastern, Northern, Southern, and Western Districts of Texas, all Texas trial and appellate courts, all Commonwealth of Pennsylvania trial and appellate courts, and all Arkansas, Oklahoma, New Mexico, and North Dakota trial and appellate courts.  Andy has the highest attainable peer-reviewed rating (AV-5.0) by Martindale-Hubbell, and is a member of numerous professional organizations.

Andy and his wife, Beth, have two daughters, Holly and Heather.  Beth is a private tutor for elementary and middle school children.  Holly is pursuing a Ph.D. in Medieval Spanish Literature and Poetry at the University of North Carolina, Chapel Hill.  Heather is a recent graduate of Davidson College in North Carolina, and works in Washington D.C. with the American Enterprise Institute.

Representative Published Cases

Representative Litigation Matters

  • Case No. 236-288471-16; NG20, LP v. The Gardens of Grapevine Development, L.P., et al., in the 236th Judicial District, Tarrant County, Texas (successfully obtained summary judgment for client regarding restrictive covenants on real property) (April 2017)
  • Civil Action No. 4:16-CV-00094; Dana Hutchinson, et al. v. XTO Energy Inc., et al., in the United States District Court, Eastern District of Arkansas Western Division (successful defense of class action litigation resulting in denial of class certification) (February 2017)
  • Civil Action No. 1:16-CV-00012; Mobley Lumber Company, et al. v. XTO Energy Inc., et al., in the United States District Court, Eastern District of Arkansas Northern Division (successful defense of class action litigation resulting in denial of class certification) (February 2017)
  • Case No. 51-2014-CV-00206; Continental Resources, Inc. v. P&P Industries, LLC I, et al., in the Williams County District Court, Northwest Judicial District, North Dakota (after a two week jury trial, unanimous jury verdict of $2.415 million for client and successful defense of claims in excess of $56 million resulting in no liability for client) (August 12, 2016)
  • Case No. 4:13-CV-0656; Whisenhunt Investments, LLC, et al. v. Exxon Mobil Corporation, et al., in the United States District Court, Eastern District of Arkansas Western Division (obtained groundbreaking summary judgment in favor of client regarding payment to royalty owners under 1/8 royalty pool statute in Arkansas) (July 28, 2016)
  • American Arbitration Association (successfully defended client in multi-million dollar two-week arbitration involving claims for breach of contract and fraud) (April 11, 2016)
  • Cause No. 352-278084-15; Daniel W. Nicholson, et al. v. XTO Energy Inc., in the 352nd Judicial District, Tarrant County, Texas (obtained a summary judgment and dismissal of plaintiffs’ claims) (February 1, 2016)
  • Cause No. 141-277473-15; Upstream Energy Services, LLC v. Trinity River Energy, LLC, in the 141st Judicial District Court, Tarrant County, Texas (obtained a summary judgment and dismissal of plaintiff’s claims) (January 22, 2016)
  • Cause No. 153-257626-12; Andrew Anderson v. Jerry V. Durant, et al., in the 153rd District Court of Tarrant County, Texas (successful trial court and appellate defense of two month jury trial of multi-million dollar contract, fraud and defamation claims).  A copy of the appellate opinion may be found here.
  • Cause No. CIV-12-0457-JH, William Reece, et al. v. AES Corporation, et al., in the United States District Court, Eastern District of Oklahoma (successful representation of client in 12(b)(6) Motion to Dismiss Class Action lawsuit).  A copy of this opinion may be found here
  • Cause No. CIV-12-0457-JH, William Reece, et al. v. AES Corporation, et al., in the United States District Court, Eastern District of Oklahoma (successful representation of client in opposition to motion to remand under the Class Action Fairness Act) (April 2, 2013). A copy of the opinion may be read here.
  • Cause No. 12-00,005, William A. Capouillez d/b/a Geological Assessment & Leasing v. Laurel Hill Game and Forestry Club, et al., in the Court of Common Pleas, Lycoming County, Pennsylvania (summary judgment in favor of client and dismissal of plaintiff's claims of conspiracy, tortious interference, breach of contract, and unjust enrichment)(April 5, 2013). A copy of the opinion and order may be read here.
  • No. 4:11-CV-01152-RDM; Good Will Hunting Club, Inc. and G.W. Gas, Inc. v. Range resources - Appalachia, LLC, In the United States District Court for the Middle District of Pennsylvania (judgment entered in favor of Range and against Good Will on Good Will's claims for declaratory relief, ejectment, and trespass) (5/24/13).  A copy of the opinion and order may be read here.
  • Cause No. 3:11-CV-116-F, U.S. v. Range Production Co., in the U.S. District Court, Northern District of Texas (dismissal of EPA enforcement action against client (March 30, 2012).  An article regarding the ruling may be read here
  • Cause No. 2011-1327, Weaver v. Houchin, in the United States Court of Appeals for the Federal Circuit (affirmance of summary judgment in favor of client) (March 7, 2012)
  • Cause No. CV11-0798; Lipsky v. Range Production Co., et al., in the 43rd District Court of Parker County, Texas (successful defense of Anti-Slapp Motion filed by Plaintiffs and Third-Party Defendant). (February 16, 2012)  An article regarding the ruling may be read here
  • Cause No. CV11-0798; Lipsky v. Range Production Co., et al., in the 43rd District Court of Parker County, Texas (dismissal of Plaintiffs' claims against Range). (January 27, 2012)  An article regarding the ruling may be read here
  • Cause No. 1-11-cv-00045 DPM; Phillip Berry and Peggy Berry v. Southwestern Energy Company, XTO Energy, Chesapeake Energy Corporation, and BHP Billiton Petroleum (Fayetteville), LLC, in the U.S. District Court, Eastern District of Arkansas (client dismissed from class action litigation after filing 12(b)(6) motion) (July 18, 2011)
  • Cause No. 1-11-cv-0044 DPM; James Tucker and Mindy Tucker v. Southwestern Energy Company, XTO Energy, Chesapeake Energy Corporation, and BHP Billiton Petroleum (Fayetteville), in the U.S. District Court, Eastern District of Arkansas (client dismissed from class action litigation after filing 12(b)(6) motion) (July 18, 2011)
  • RRC Docket No. 7B-0268629; Range Production Company-Lipsky, Steve Complaint 7B-9601, Butler Unit Lease (253732), Well No. 1H, Barnett Shale Field, Parker County, Texas Job 10-8526 (final Railroad Commission order determined that Range did not cause or contribute to contamination of water wells) (May 22, 2011)
  • Cause No. 4:09-cv-00187-A; Entertainment Merchandising Technology, L.L.C., Mark Olmstead, Johnney R. Weaver, Earl D. Morris and Michael J. Dietz, in the U.S. District Court, Northern District of Texas, Fort Worth Division (summary judgment for client disposing of all claims) (July 8, 2010)
  • Cause No. CV 08-1470; Seven Knolls Properties I, LP, by and through its General Partner, Seven Knolls Land, Inc. v. Range Texas Production, LLC, Range Resources Corporation, Range Production Company, in the 43rd District Court, Parker County, Texas (unanimous jury verdict for client after three week jury trial) (June 2, 2010)
  • Cause No. 153-226408-07; Lyn S. Dulaney, Individually and as Independent Executrix of the Estate of Richard Key Dulaney v. C. W. Stocker, III, Fort Worth Energy Company, LLC, and Fort Worth Pipeline Company, LLC, in the 153rd District Court, Tarrant County, Texas (unanimous jury verdict for client after four week jury trial) (December 2, 2009)
  • Cause No. 2009-30211-211; Range Texas Production, LLC and Range Production Company v. Allegiance Hill View, L.P., in the 211th District Court, Denton County, Texas (declaratory judgment for client after one week non-jury trial) (November 25, 2009)
  • Cause No. 236-210519-05; Forbes Hutton Leasing, Inc. and Gametronics Gaming Equipment Limited v. Game Systems, Inc. a/k/a Texas Game Systems v. Robert Houchin, in the 236th District Court, Tarrant County Texas (summary judgment for client disposing of all claims) (November 19, 2008)

Publications

Speaking Engagements

  • August 20, 2013 - Litigating Shale Players and Plays, presented to Tarrant County Young Lawyers Association, Fort Worth, Texas.
  • June 6-7, 2013 - Litigation Update Panel, discussion presented to the 4th Law of Shale Plays Conference, sponsored by the Institute for Energy Law, Hilton Hotel, Fort Worth, Texas.  Click here for more information or to register.
  • June 7-8, 2012 – Update on the Range Production Company Cases:  Texas State Court Litigation, presented to CLE International's Conference on Hydraulic Fracturing, St. Regis Hotel, Houston, Texas.  Click here for more information or to register. 
  • June 6-7, 2012 – Litigation Update Panel, discussion presented to the 3rd Law of Shale Plays Conference, sponsored by the Institute for Energy Law, Hilton Hotel, Fort Worth, Texas.  Click here for more information or to register. 
  • April 17, 2012 – Hydraulic Fracturing Litigation Update, presented to the AAPL Southwest Land Institute, Petroleum Club, Fort Worth, Texas.  A flyer for the event may be found here
  • April 7, 2011 – The Rest of the Story – the EPA Order Against Range Resources, co-presented with Michael Fitzpatrick to the Tarrant County Bar Association Energy Law Section.
  • September 23, 2011 – What Were They Thinking? Appellate Justices Review What Lawyers Do, Andy Sims, moderator - discussion by panel of Jurists from the Texas Supreme Court, the Second Court of Appeals, and the Fifth Court of Appeals on ethics in practicing appellate law
  • November 11, 2011 – What is in the Water? The Rest of the EPA v. Range Resources Story and Why it Matters, co-presented with Michael Fitzpatrick to the Houston Energy Risk Managers – North Texas

Additional Highlights

  • Chair, Executive Committee, Harris, Finley & Bogle (2008–2014)
  • Licensed in Pennsylvania
  • Licensed in Arkansas
  • Member, Texas Board of Legal Specialization Civil Trial Appellate Exam Commission (2008–2014)
  • Member, Texas Board of Legal Specialization Civil Trial Exam Commission (2002–2008)
  • Master, Eldon B. Mahon Inn of Court
  • Board Member, Tarrant County Bar Association (2015-present)
  • Chair, Appellate section of the Tarrant County Bar Association (2005–2006)
  • Fellow, American Bar Foundation
  • Fellow, Texas Bar Foundation
  • Fellow, Tarrant County Bar Foundation
  • Named Top 100 Super Lawyer in Texas by Thomson Reuters, as published in Texas Monthly magazine (2016)
  • Named Top 100 Super Lawyer in Dallas/Fort Worth Metroplex by Thomson Reuters, as published in Texas Monthly magazine (2013 and 2015-2016)
  • Named Super Lawyer in Business Litigation by Thomson Reuters, as published in Texas Monthly magazine (2003–present)
  • Named Top Attorney numerous times by Fort Worth, Texas magazine
  • Named Top Attorney in Civil Law/Litigation and in Commercial Litigation by 360 West Magazine (2018)
  • Chair, Pastor Search Committee, Broadway Baptist Church of Fort Worth (2008-2009)
  • Graduate, Baylor Law School (JD, 1986)
    • Member, Phi Delta Phi
  • Honors Graduate, Baylor University (BA, 1983)
  • National Merit Scholar