Robert Gilbreath

Partner
Photo of Robert   Gilbreath
4514 Cole Avenue
Suite 500
Dallas, TX 75205-5412

Rob Gilbreath is a partner in Hawkins Parnell Thackston & Young’s litigation department and serves as Appellate and Legal Issues Practice Group Leader.  He is AV rated by Martindale Hubbell and has handled approximately 200 appeals in a wide variety of areas, including trust and estates, personal injury, breach of contract, breach of warranty, breach of fiduciary duties, fraud, family law, oil and gas, contempt of court, arbitration, government regulation, defamation, RICO, shareholder oppression, and Lanham Act false advertising claims.

Professional Experience

Immediately after graduating from law school, Rob served a year as law clerk to the Honorable Raul Gonzalez, former justice of the Texas Supreme Court.  He is Board Certified in Civil Appellate Law by the Texas Board of Legal Specialization and is the former Chair of the Board’s Appellate Exam Commission, which drafts and grades the appellate certification exam.  He is also a founding member and trustee of the Texas Supreme Court Historical Society.

Rob has handled or assisted with appeals and original proceedings in Texas, Arizona, California, Colorado, Florida, Georgia, Illinois, Kentucky, Louisiana, New Hampshire, New York, Pennsylvania, and South Carolina; the United States Courts of Appeals for the Second, Third, Fifth, and Eleventh Circuits; and the United States Supreme Court.  He has argued over 90 cases before the Fifth Circuit, the Eleventh Circuit, the Supreme Court of Texas, the New York Court of Appeals, the Arizona Supreme Court, Pennsylvania's court of appeals (the Superior Court), the Georgia Court of Appeals, and most of the fourteen intermediate appellate courts in Texas. 

Rob has prevailed in numerous important cases in the Texas Supreme Court. For example, in 2014 the Court issued a landmark decision on shareholder oppression claims. Ruling in favor of Rob’s clients, the Court held that there is no common-law claim for shareholder oppression, narrowly redefined “oppression” for purposes of statutory oppression claims, eliminated the buyout remedy for statutory oppression claims, and rendered judgment that the plaintiff take nothing on her shareholder oppression claim. In 2011, Rob’s successful representation of a client accused of contempt earned him a front-page story in the Texas Lawyer newspaper.  His 2009 victory for a large homebuilder client seeking insurance coverage was also covered by the Texas Lawyer as a groundbreaking development in the law. 

In addition to handling cases in the appellate courts, Rob assists with error preservation, complex motions, and pleadings in the trial courts.  He often attends trial to help litigators preserve error, particularly in the jury instructions/court’s charge.  He has been responsible for preserving error in numerous multimillion-dollar, complex cases, including two where the jury’s verdict exceeded $300,000,000.00.

Professional affiliations

HONORS 

Presentations

"Finding the One Thing That Wins the Appeal,"  Dallas Bar Association Appellate Section (April 2011)

"Don't Be Ugly: Good Typography and Document Design," Dallas Bar Association Appellate Section (June 2011)

"A Conversation About the Results of the Judicial Poll," presented to Dallas Bar Association Appellate Section (March 2010)

Panel Member, "A Candid Discussion Between Appellate Counsel and Court of Appeals Justices," Joint Appellate Seminar by the Dallas, Collin, and Tarrant County Bar Associations (October 2009)

"The Charge Conference: Defendant's Perspective," State Bar of Texas Advanced Personal Injury Seminar (July, August, and September 2009).

"Briefs: Everything But the Argument," Presented at "Soaking Up Some CLE": A South Texas Litigation Seminar, Texas Bar CLE (June 2009)

"A Refresher Course On Basic Error Preservation Techniques"

"Soaking Up Some CLE A South Texas Litigation Seminar," Texas Bar CLE (May 15, 2008)

Dallas Bar Association Business Litigation Section meeting (May 11, 2004)

State Bar Labor and Employment Section CLE (October 29, 2004)

"The Seven ABC's of Successful Appellate Advocacy"

Austin Bar Association Appellate Law Section (January 17, 2008);

Dallas Bar Association Business Litigation Section, (February 12, 2008)

Dallas Bar Association Appellate Law Section (February 21, 2008)

"Crafting the Court's Charge"

Dallas Bar Association Construction Law Section (September 6, 2007)

University of Texas Conference on State and Federal Appeals (May 31, 2007)

Dallas Bar Association Appellate Section (January 18, 2007)

Dallas Bar Association Trial Skills Section (August 11, 2006)


SELECTED CASES

Articles and publications

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Practice areas

Education

J.D., cum laude, Baylor University School of Law (1989)

B.B.A., with honors, Baylor University (1987)

Bar admissions

Courts

News