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Meet Our Attorneys

Lanny Vickery

Education and Board Specialization

Texas Board of Legal Specialiation
Board Certified, Civil Appellate Law
1995-Present

University of Texas at Austin
Austin, Texas
J.D., 1984

Dartmouth College
Hanover, New Hampshire
A.B. with Honors in Religtion, 1980

Professional Activities

Preemption Litgation Group
American Association for Justice Chairman, 2006 – 2013

Amicus Committee
American Association for Justice Co-Chairman, 2009 – 2012
Member, 2008 – 2013

Legal Affairs Committee, American Association for Justice
Chairmain, 2012-2013
Vice Chairman, 2010-2012
Member, 2009-2013

Appellate Practice/Legal Strategy Litigation Group,
American Association for Justice
Member, 2008-2013

About Lanny

Lanny Vickery is an accomplished attorney with over 30 years of experience as in-house and outside counsel. Throughout his career, he has developed a broad range of skills and expertise in almost all areas of civil litigation. During his three years as General Counsel for a home automation/smart energy startup, Lanny was responsible for managing all legal issues, including patent litigation related to a portfolio of over 20 issued U.S. patents. Lanny has spent over three decades as a civil trial and appellate lawyer, with more than 20 years as a board-certified appellate attorney. He has extensive experience in appeals to the U.S. Supreme Court, most federal courts of appeals, and most Texas state courts of appeals. Lanny also has significant trial experience in both jury and non-jury cases. In addition, Lanny is an active member of the National Trial Lawyers Association and has held multiple leadership positions. He has coordinated national issues across the executive, legislative, and judicial branches.

Representative Legal Briefs

Pittman v. South Carolina, 552 U.S. 1314 (2008)
Co-counsel for Petitioner seeking certiorari to address whether the Eighth Amendment prohibits trying a 12 year-old child as an adult for murder.

Colacicco v. Apotex, Inc., 556 U.S. 1101 (2009)
Lead Counsel for Petitioner seeking certiorari to determine whether FDA approval of a drug preempted tort suit asserting that the warnings on the drug’s label were inadequate under state law.

Wyeth v. Levine, 555 U.S. 555 (2009)
Lead counsel for Amicus Curiae consumer advocates, discussing the history and evolution of the FDA’s views of the relationship between federal regulation of pharmaceutical drugs and tort suits asserting that that the warnings were inadequate under state law.

Rimbert v. Eli Lilly & Co., 647 F.3d 1247 (10th Cir. 2011)
Lead counsel for Appellant, asserting that the district court abused its discretion in excluding expert testimony.

Dobbs v. Wyeth Pharmaceuticals, Case No. 12-6077 (10th Cir. 2012)
Lead counsel for Appellant, asserting that the FDA would not have rejected an added warning on the antidepressant Effexor (case settled after oral argument).

Association for Molecular Pathology v. Myriad Genetics, Inc., 133 S.Ct. 2107 (2013)
Lead counsel for Amicus Curiae Genformatic LLC, discussing the potential effects of the patentability of human genes on whole genome and exome sequencing.

Amgen, Inc. v. Connecticut Retirement Plans and Trust Funds, 568 U.S. 455 (2013)
Lead Counsel for Amicus Curiae Public Justice, P.C., addressing business practices in the pharmaceutical industry in the context of a class action/securities fraud case.

In re Spillman Development Group, Ltd., 710 F.3d 299 (5th Cir. 2013)
Lead counsel for Appellee, addressing the jurisdiction of the bankruptcy court and the effect of a credit bid under 11 U.S.C. § 363(k).

Haase v. Pearl River Polymers, Inc., 135 S.Ct. 708 (2014)
Lead counsel for Petitioner seeking certiorari to clarify the standard of proof to overcome the presumption of validity of patents under 35 U.S.C. § 282.

Ortho-McNeil-Janssen Pharmaceuticals, Inc. v. State, 432 S.W.3d 563 (Ark. 2014)
Lead Counsel for Amicus Curiae AARP, addressing business practices in the pharmaceutical industry in the context of a False Claims Act case.

Representative Presentations and Publications

A Trial Lawyer’s Guide to Preserving an Appellate Record, presented to the AAJ Appellate Practice Litigation Group, Vancouver, July 2010.

Are Kids Really Kids? A Cry for Juvenile Justice, published in THE WARRIOR (Gerry Spence’s Trial Lawyers College), October 2009.

Preemption of Generic Drug Cases After Levine, presented at Mass Torts Made Perfect, Las Vegas, October, 2009.

Life After Levine: Musings on What We Know and What We’re Still Thinking About, presented to the AAJ Preemption Litigation Group, San Francisco, July 2009.

Book Review, Thomas McGarity’s The Preemption War, published in TRIAL, June 2009.

Deconstructing Wyeth v. Levine: The Aftermath, presented at Mass Torts Made Perfect, Las Vegas, March, 2009.

The Role of Amicus Briefs in Fighting Preemption, presented to the AAJ Preemption Litigation Group, Philadelphia, July, 2008.