Samara L. Kline

Partner

samara.kline@bakerbotts.com

Dallas

P: +1.214.953.6825 F: +1.214.661.4825
Samara Kline Photo

Samara brings more than 25 years’ appellate experience to complex matters involving a wide variety of industries and subject matters. She has substantial recent experience in appeals involving intellectual property and agency rulemaking for telecommunications and energy industry clients.  With her perspective and expertise, she frequently guides trial lawyers regarding matters likely to arise on appeal, such as error preservation, dispositive motion practice, jury charges, and post-trial proceedings. Texas Lawyer selected Samara as one of twenty “Winning Women” across Texas who “have achieved significant recent victories as well as displayed a track record of wins in which they prevailed in high-stakes cases.” She was chosen from more than 200 lawyers nominated for the honor.

Samara excels at making complex subjects understandable and organizing large amounts of complicated information into digestible and persuasive briefs. Her appellate experience spans a wide swath of substantive legal subjects. She has worked extensively in regulatory appeals, patent litigation, and consumer class actions. She has prepared appellate briefs addressing tax court decisions, bankruptcy court judgments, business disputes, product liability issues, consumer transactions and employment matters. She also has handled appeals centering on statutory construction and corporate governance. In addition, Samara has significant experience representing law firms and accounting firms in the defense of professional liability matters.

Samara has handled appellate matters in the Fifth Circuit Court of Appeals and numerous other federal appeals courts, throughout the Texas courts of appeals and in the Texas Supreme Court, and in the Alabama, Delaware, Maryland, and Nevada Supreme Courts. She is board certified in Civil Appellate Law and has served as chair of the Appellate Section of the Dallas Bar Association.

Samara is a Life Patron Fellow of the Dallas Bar Foundation. She serves on the Advisory Board of the Center for Brain Health, University of Texas at Dallas and is active in the Women’s Philanthropy Institute of the Dallas Foundation.

Related Experience

Federal Courts

  • Environmental regulatory: Lead appellate counsel for national and statewide industry groups’ successful challenge to EPA’s disapprovals of Texas air permitting programs under the Clean Air Act. See State of Texas v. EPA, 690 F.3d 670 (5th Cir. 2012); Luminant Generation Co. v. EPA, 675 F.3d 915 (5th Cir. 2012); Luminant Generation Co. v. EPA, 714 F.3d 841 (5th Cir. 2013); BCCA Appeal Group v. EPA, No. 10-60459, 2012 WL 2299504 (5th Cir. June 15, 2012); North Dakota v. E.P.A., 730 F.3d 750 (8th Cir. 2013) (successful challenge to EPA disapproval of North Dakota’s determinations under regional haze provisions of Clean Air Act)
  • Intellectual property: Ultratec, Inc. v. CaptionCall, LLC, 611 F. App'x 720 (Fed. Cir. 2015) (affirming stay of district court damages judgment pending final resolution of IPR proceeding in which PTAB invalidated patents underlying judgment);Williamson v. Citrix Online, LLC, 603 F. App'x 1010 (Fed. Cir. 2015) (overruling precedent regarding the application of 35 U.S.C. § 112, para. 6); SynTest Techs., Inc. v. Cisco Sys., Inc., 607 F. App'x 996 (Fed. Cir. 2015) (summary affirmance for client Cisco); Greenville Commc’ns, LLC v. Cellco Partnership, 2013 WL 2126470 (Fed. Cir., May 17, 2013) (affirming summary judgment for client in patent case); Technology Patents LLC v. T-Mobile et al., 700 F.3d 482 (Fed. Cir. 2012) (same); Ring Plus, Inc. v. Cingular Wireless Corp., 614 F.3d 1354 (Fed. Cir. 2010) (same); Oracle Corp. v. Parallel Networks, LLC, 2010 WL 1709308 (Fed. Cir. April 28, 2010) (successful appeal from summary judgment of non-infringement); Halliburton Energy Services v. Weatherford Int’l, Northern District of Texas (appellate counsel for team that won $35 million jury verdict for infringement of downhole drilling tool patent).
  • Class actions: Weiner v. Snapple Beverage Corp., 2010 WL 3119452 (S.D.N.Y. August 5, 2010) (denying class certification in consumer action challenging beverage labeling) 
  • Bankruptcy: Lead appellate counsel on more than a dozen separate appellate matters arising from complex chapter 11 bankruptcy. See, e.g, In re ASARCO LLC, 420 B.R. 314 (S.D.Tex. 2009); In re ASARCO, 2009 WL 1392627 (S.D. Tex. May 15, 2009); In re ASARCO, 2009 WL 1321261 (S.D. Tex. May 12, 2009) 
  • Arbitration: Bulko v. Morgan Stanley, 450 F.3d 622 (5th Cir. 2006) (successful appeal from order vacating favorable arbitration award) 
  • Business Disputes: Fluor Corp. v. Citadel Equity Fund, Ltd., 413 F. App'x 756, 757 (5th Cir. 2011) (affirming judgment for client Fluor in appeal arising from interpretation an indenture agreements);True North Composites, LLC v. Trinity Indus., Inc., 2003 WL 21206154 (Fed. Cir. May 21, 2003) (involving breach of contract to manufacture railcars)
  • Employment: Washington v. Atmos Energy Corp., 2007 WL 2493492 (5th Cir. Sept. 4, 2007) (appellee in case affirming dismissal of section 1983 claims) 
  • Antitrust: Taylor Publishing v. Jostens, Inc., 216 F.3d 465 (5th Cir. 2000) (affirming grant of JNOV for defendant)

State Courts

  • Business Disputes: Associated Air Ctr. LP v. Tary Network Ltd., No. 05-13-00685-CV, 2015 WL 970664, at *1 (Tex. App.—Dallas, Mar. 4, 2015) (obtaining reversal of $38 million judgment for aviation-industry client); City of Brownsville v. Golden Spread Coop, 192 S.W.3d 876 (Tex. App. -- Dallas 2006) (successful appeal in contract dispute between co-owners of electrical generating plant); James L. Gang & Assoc. v. Abbott Labs, Inc., 198 S.W.3d 434 (Tex. App. -- Dallas 2006) (affirming summary judgment on claims for breach of contract and fraud); Panda Energy Corp. v. Allstate Ins. Co., 91 S.W.3d 29 (Tex. App. -- Dallas 2002) (relating to anti-suit injunction); Shell Oil Prods Co. v. Main Street Ventures LLC, 90 S.W.3d 375 (Tex. App. -- Dallas 2002) (successful appeal from adverse jury verdict in case alleging breach of contract and fraud)
  • EnvironmentalEnvtl. Processing Sys., L.C. v. FPL Farming Ltd., No. 12-0905, 2015 WL 496336 (Tex. Feb. 6, 2015) (amicus brief for Texas Oil and Gas Association regarding claim for trespass based on subsurface migration); Exxon Mobil Corp. v. Ford, 71 A.3d 105 (Md. 2013) (amicus brief for U.S. Chamber of Commerce regarding damages issues in toxic tort case); Texas Comm'n on Envtl. Quality v. Bonser-Lain, 438 S.W.3d 887 (Tex. App.—Austin 2014) (amicus brief regarding public trust doctrine for Texas Association of Business in appeal from denial of petition for rulemaking)
  • Professional Liability: Grant Thornton LLP v. Prospect High Income Fund, 314S.W.3d 913, (Tex. 2010) (rendering judgment for Grant Thornton, rejecting holder claims as issue of first impression, and clarifying limited scope of professional liability to non-clients); Sterling Trust Co. v. Adderley, 168 S.W.3d 835 (Tex. 2005) (prepared amicus brief for Texas Society of Certified Public Accountants in case involving interpretation of Texas Securities Act); Tara Capital Partners v. Deloitte & Touche, LLP, 2004 WL 1119947 (Tex. App. -- Dallas May 20, 2004) (affirming summary judgment for auditor) 
  • Property Disputes: Marcus Cable Associates, L.P. v. Krohn, 90 S.W.3d 697 (Tex. 2002) (relating to scope of utility easement) 
  • Torts: AOL, Inc. v. Malouf, No. 05-13-01637-CV, 2015 WL 1535669, at *1 (Tex. App. -- Dallas April 2, 2015) (successful appeal for media defendant in defamation action involving anti-SLAPP statute); Plunkett v. Connecticut Gen. Life Ins., 285 S.W.3d 106 (Tex. App. -- Dallas 2009, pet. denied) (affirming summary judgment for defendant on claims arising from alleged mold contamination)
  • Bankruptcy: Browning v. Prostok, 165 S.W.3d 336 (Tex. 2005) (reversing and rendering judgment for former officers and directors of National Gypsum Company on ground that suit was collateral attack on confirmation order) 
  • Fraudulent Transfer: Ausimont USA, Inc. v. Environmental Materials Corp, 2006 WL 1476897 (N.J. Super. Ct. App. Div. May 31, 2006) (affirming judgment for defendant following bench trial) 
  • Jurisdiction: CNOOC Southeast Asia LTD v. Paladin Resources (Sunda) Limited, 222 S.W.3d 889 (Tex. App. -- Dallas April 24, 2007) (successful appellee in case affirming exercise of jurisdiction over Chinese oil company) 
  • Employment: W.R. Grace & Co. v. Taylor, 2007 WL 1438544 (Tex. App. -- Houston May 17, 2007) (affirming denial of temporary injunction on ground that covenant not to compete was unenforceable); Strickland v. Medtronic, Inc., 97 S.W.3d 835 (Tex. App. -- Dallas 2003) (reversing judgment based on unenforceable covenant not to compete) 
  • Residential Construction Warranties: Centex Homes v. Buecher, 95 S.W.3d 266 (Tex. 2002) (clarifying implied warranties in residential construction)

Awards & Community

Recognized as a Texas Super Lawyer, (Thomson Reuters), 2003-2016

Listed in The Best Lawyers in America, (Woodward/White Inc.)2006-2015

Recognized as “Appellate Lawyer of the Week,” by Texas Lawyer, August 17, 2012

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Publications, Speeches & Presentations