Attorney/Shareholder

Andy Sims finds satisfaction helping his clients solve complex legal problems. An accomplished specialist in civil appellate and trial litigation, Andy has been recognized as a top Texas attorney by Texas Monthly Magazine continually since the list was first published in 2003, listed four times as a top 100 attorney in the Dallas-Fort Worth Metroplex, and one time as a top 100 attorney in the State of Texas. During his more than 30 years of practice, Andy’s expertise in trial and appellate law has grown to include 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 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 in trial and appellate courts in six states and numerous federal courts, including the Supreme Court of the United States. Andy has the highest attainable peer-reviewed rating (AV-5.0) by Martindale-Hubbell and is a member of numerous professional organizations. Andy is a member of the American Board of Trial Advocates, and currently serves as a board member of the Tarrant County Bar Foundation. He is also a former chair of’ the Appellate Section of the Tarrant County Bar Association, and emeritus member and Master of the Eldon B. Mahon lnn of Court. Andy and his wife, Beth, have two daughters, Holly and Heather.

Admitted to Practice

  • Texas – all Texas trial and appellate courts
  • Pennsylvania – all Pennsylvania trial and appellate courts
  • Arkansas – all Arkansas trial and appellate courts
  • Oklahoma – all Oklahoma trial and appellate courts
  • New Mexico – all New Mexico trial and appellate courts
  • North Dakota – all North Dakota trial and appellate courts
  • Federal Courts for the Eastern, Northern, Southern, and Western Districts of Texas
  • Federal Courts for the Eastern and Western Districts of Arkansas
  • Federal Courts for the Western District of North Dakota
  • United States Court of Appeals for the Federal, Third, Fifth, Eighth, and Tenth Circuits
  • Supreme Court of the United States

Education

  • Juris Doctor, Baylor Law School
  • Bachelor of Arts, Baylor University (Honors)

Presentations & Publications

  • March 1, 2019 – Anti-SLAPP Litigation in the Oil Patch, presented to West Texas Oil & Gas Convention 2019 (Midland, TX)
  • September 21, 2018 – Anti-SLAPP Litigation in the Oil Patch, presented to the 36th Annual Course Advanced Oil, Gas and Energy Resources Law Seminar (Houston, TX)
  • January 26, 2017 – EPA Its Effect on the Oil Patch and the Litigation Arising Therefrom, presented to Oil & Gas Dispute Course (Houston, TX)
  • 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. 
  • 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
  • 2011 - Air Quality Standards and Oil and Gas Production in Texas: Know your AMCVs, 18 TEX. WESLEYAN L.REV. 19

 

Additional Highlights

  • Member, American Board of Trial Advocates
  • Board-Certified in Civil Trial Law by the Texas Board of Legal Specialization
  • Board-Certified in Civil Appellate Law by the Texas Board of Legal Specialization
  • Rated AV by Martindale-Hubbell® Peer Review Ratings™
  • 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)
  • 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, 2015, 2016, 2018)
  • Named Super Lawyer in Business Litigation by Thomson Reuters, as published in Texas Monthly Magazine (2003-present)
  • Named Top Attorney in Civil Litigation by Fort Worth Magazine (2001, 2003-present)
  • Named Top Attorney in Civil Law/Litigation and in Commercial Litigation by 360 West Magazine (2018)
  • Chair, Executive Committee, Harris, Finley & Bogle (2008-2014)
  • Board Member, Tarrant County Bar Foundation (2015-present)
  • Emeritus Member and Master, Eldon B. Mahon Inn of Court
  • Chair, Appellate section of the Tarrant County Bar Association (2005–2006)
  • Fellow, American Bar Foundation
  • Fellow, Texas Bar Foundation
  • Fellow, Tarrant County Bar Foundation

Representative Cases

Appellate

  • Cornwall Mountain Invs., L.P. v. Thomas E. Proctor Heirs Trust, 158 A.3d 148 (Pa.Super.Ct. 2017, pet. denied), cert. denied, ___ S.Ct. ___ (Apr. 30, 2018) (affirmance of judgment dismissing quiet title suit to subsurface minerals challenging historical tax sale deeds).
  • Rich v. Range Res. Corp., 535 S.W.3d 610 (Tex. App.—Fort Worth 2017, pet. denied) (affirmance of an order refusing to award sanctions under the Texas Citizens Participation Act).
  • Reece v. AES Corp., 2016 WL 521247 (10th Cir. Feb. 9, 2016) (affirmance of judgment dismissing all claims in class action suit claiming contamination from oil and gas drilling fluids).
  • In re Lipsky, 460 S.W.3d 579 (Tex. 2015) (successfully defended denial of motion to dismiss under Texas Citizens Participation Act in defamation suit).
  • KCM Financial LLC v. Bradshaw, 457 S.W.3d 70 (Tex. 2015) (affirmance of summary judgment that oil and gas lessee was not liable for conspiracy and aiding and abetting regarding alleged breach of fiduciary duty by executive rights holder).
  • Regal Ware, Inc. v. CFJ Mfg., L.P., 2015 WL 1004380 (Tex. App.—Eastland Feb. 27, 2015, no pet.) (affirmance of judgment that fraud claims could not be asserted under the Delaware corporate survival statute).
  • Texas Dep’t. of Pub. Safety v. Randolph, 2014 WL 1875826 (Tex. App.—Fort Worth May 8, 2014, pet. denied) (successful representation of Randolph on appeal of order reinstating concealed hand gun license).
  • Capouillez v. Range Resources-Appalachia LLC, No. 797 MDA 2013 (Pa. Super. Ct. 2014) (affirmance of take-nothing judgment).
  • Lipsky v. Range Production Co., 2012 WL 3600014 (Tex. App.—Fort Worth Aug. 23, 2012, no pet. h.) (dismissal of interlocutory appeal based on lack of appellate jurisdiction under CPRC 27).
  • Weaver v. Houchin, 2012 WL 1009416 (Fed. Cir. Mar. 7, 2012) (affirmance of summary judgment in favor of client on co-inventorship claims).
  • Allegiance Hillview, L.P. v. Range Tex. Prod., LLC, 347 S.W.3d 855 (Tex. App.—Fort Worth, July 28, 2011, no pet.) (affirmance of judgment in favor of client).
  • Game Systems, Inc. v. Forbes Hutton Leasing, Inc., Not Reported in S.W.3d, 2011 WL 2119672, Tex.App.—Fort Worth, May 26, 2011 (NO. 02-09-00051-CV) (affirmance of summary judgment in favor of client)
  • Buddy Gregg Motor Homes, Inc. v. Marathon Coach, Inc., 320 S.W.3d 912 (Tex.App.—Austin, September 10, 2010) (affirmance of administrative agency order in favor of client).
  • McCarty v. Montgomery, 290 S.W.3d 525 (Tex.App.—Eastland, June 11, 2009, pet. denied) (affirmance of judgment for specific performance of real estate contract).
  • Comanche Peak Ranch, LLC v. Republic Partners III, LLC, Not Reported in S.W.3d, 2007 WL 79485, Tex.App.—Fort Worth, January 11, 2007 (NO. 2-06-212-CV, 2-06-304-CV) (affirmance of dismissal of temporary injunction).
  • Caprock Inv. Corp. v. Montgomery First Corp., Not Reported in S.W.3d, 2005 WL 3118787, Tex.App.—Fort Worth, November 23, 2005 (NO. 2-04-155-CV) (reversal of summary judgment against client).
  • Ridge Oil Co., Inc. v. Guinn Investments, Inc., 148 S.W.3d 143, 2004 WL 1966096, 161 Oil & Gas Rep. 1135, 47 Tex. Sup. Ct. J. 1080, Tex., September 03, 2004 (NO. 02-0599) (reversal of summary judgment).
  • HMS Aviation v. Layale Enterprises, S.A., 149 S.W.3d 182, 2004 (Tex.App.—Fort Worth, August 25, 2004) (favorable determination regarding jurisdiction in favor of client).
  • Richter v. Wagner Oil Co., 90 S.W.3d 890, 2002 WL 31249920, 157 Oil & Gas Rep. 822 (Tex.App.—San Antonio, October 09, 2002) (affirmance of summary judgment in favor of client).
  • Patterson v. Southwestern Baptist Theological Seminary, 858 S.W.2d 602 (Tex.App.—Fort Worth, July 14, 1993, no writ) (affirmance of summary judgment in favor of client on First Amendment freedom of religion grounds).

Trial / Arbitration

  • Cause No. CIV-16-1104; Sherry Densmore v. J. Horace McCarley, et al., in the County Court at Law No. 1, Parker County, Texas (successfully obtained bench trial judgment for clients regarding unenforceability of restrictive covenants on real property) (January 2019)
  • Cause 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 25, 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) (March 4, 2014). A copy of the appellate opinion may be found 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) (May 24, 2013). A copy of the opinion and order 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.
  • 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. 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. 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), 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)
  • U.S. v. Range Production Co., 793 F.Supp.2d 814, 2011 WL 2459731, N.D. Tex., June 20, 2011 (NO. 3:11-CV-116-F) (trial court stay of EPA enforcement action)
  • RRC Docket No. 7B-0268629; Range Production Company-Steve Lipsky, Complaint No. 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)
  • Weaver v. Houchin, Slip Copy, 2010 WL 2710604, N.D.Tex., July 8, 2010 (NO. 4:09-CV-187A) (summary judgment in favor of client)
  • 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)