Firm Partners Participate in Coordination of Writing and Filing of Amicus Briefs before Texas Supreme Court
The Federation of Defense and Corporate Counsel recently filed an Amicus brief in support of Century Surety Company in the matter Century Sur. Co. v. Jane Doe in the Texas Supreme Court. Briefs were filed on a Petition for Review from the Court of Appeals for the Fifth District of Texas at Dallas and also in support of a Petition for a Writ of Mandamus. FDCC members Lance J. Kalik and Anthony J. Zarillo, Jr. of Riker Danzig Scherer Hyland & Perretti LLP, Stacy Broman of Meagher & Geer, P.L.L.P., Minneapolis, MN, and Stephen Pate of Cozen O’Connor, Houston, TX coordinated the writing and filing of the brief.
The issue concerns whether Century Surety should be allowed to intervene in the action under the doctrine of virtual representation to mount an appeal from a $20 million judgment against its insured. Century sought intervention when the bankruptcy trustee for its insured chose not to appeal, even when Century agreed to fully fund the appeal and even though the trustee admitted that viable grounds for reversal of the judgment existed. Century argued that the failure to appeal a remarkably infirm judgment demonstrated that the parties conducted a non-adversarial proceeding before the trial court.
The FDCC urged the Court to reverse the court of appeals’ denial of Century’s intervention motion and to allow Century the right to intervene to preserve the integrity of the adversarial system. In this case, the virtual representation doctrine furthers the goals of the adversarial system by allowing non-parties to intervene at the appellate level when the party’s interest will not otherwise be adequately protected on appeal.
Copies of the briefs may be accessed by clicking below.