Attorneys
Laurie Ratliff Austin, Texas
| phone | (512) 472-4601 |
| fax | (512) 472-3669 |
| Email Me | |
Areas of experience
- Civil Appeals and Appellate Procedure
- Multidistrict Consolidation
- Original Proceedings
- Trial Procedure and support
- Property Tax Litigation and Appeals
- Probate and Guardianship Appeals
- Family Law Appeals
Laurie represents individuals and companies in appellate matters in a variety of substantive law areas, including ad valorem tax, probate and guardianship and family law. In addition, she assists other counsel with appellate procedural issues, brief writing and oral argument preparation. Laurie has also represented clients in multidistrict consolidation cases. Some of her recent representations include:
- In the leading case on taxability of crude oil, persuaded the court to construe the Commerce Clause of the U.S. Constitution to hold that oil moving through a tank farm remains in interstate commerce and therefore is not subject to ad valorem taxation. This appellate decision controls the outcome in numerous pending cases in which an appraisal district seeks to tax oil in transit through a pipeline system.
- Won reversal of a judgment on behalf of an apartment complex owner where the appellate court ruled that an appraisal district must consider a property's individual characteristics, specifically rent and occupancy restrictions, when determining market value.
- Persuaded the Texas Supreme Court to transfer 19 appeals pending in two courts of appeals to a third court of appeals. After transfer, successfully upheld the dismissal of 19 ad valorem taxing unit suits against numerous oil companies for failure to exhaust administrative remedies.
- In a case of first impression, argued and obtained a writ of mandamus directing a trial court to dismiss on jurisdictional grounds a case brought by governmental entities for allegations of fraud and negligent misrepresentation. Persuaded the court of appeals that the Tax Code provides the definitive remedies for such allegations, that the governmental entities failed to exhaust their administrative remedies and that the Tax Code is a pervasive regulatory scheme.
Laurie also partners with trial counsel both within and outside the firm for presentation of legal issues in motion practice, discovery disputes, summary judgments and other trial matters.
In addition to her appellate work, Laurie represents property owners in property tax matters in administrative proceedings, trials and appeals. She has represented a variety of different properties, including oil and gas interests, business aircraft, airport cargo facilities, shopping centers and special use properties.
In addition to her practice, Laurie:
- Writes the "Third Court of Appeals Update" for the Austin Lawyer, a monthly article commenting on significant cases issued by the Third Court of Appeals;
- Co-authors an annual article, "Texas Supreme Court Update," for The Appellate Advocate, a quarterly magazine published by the State Bar Appellate Section;
- Co-authors summaries of the Multidistrict Litigation Panel opinions for the State Bar Appellate Section's website;
- Co-authors summaries of the Third Court of Appeals opinions for the State Bar Appellate Section's website; and
- Speaks frequently at seminars on Multidistrict Litigation, Third Court of Appeals practice, trial, appellate and administrative law issues.
- Areas of Practice:
- Civil Appeals and Appellate Procedure
- Multidistrict Consolidation
- Original Proceedings
- Trial Procedure and Support
- Property Tax Litigation and Appeals
- Probate and Guardianship Appeals
- Family Law Appeals
- Education:
- Texas Tech University School of Law, Lubbock, Texas,
1992
J.D.
Law Review: Texas Tech Law Review, Research Editor, 1991 - 1992 - University of Texas, Austin, Texas,
1989
B.B.A.
Major: Business Management
- Published Works:
- Not Just for Toxic Tort Cases: Strategic Use of Multidistrict Litigation Consolidation" (Co-Author), 71 Tex. Bar J. 98, 2008
- Case Law Update" (Co-Author), 7 Tex. Tech. Admin. LJ. 1, Spring, 2006
- Representative Cases:
- Midland Cent. Appraisal Dist. v. BP America Production Co., S.W.3d, No. 11-07-00048-CV, 2009 WL 780456 (Tex. App.Eastland 2009, no pet. h. (to be published) )
- Erlewine v. Erlewine, 2007 WL 2462042 (Tex. App. - Austin 2007)
- Western AH 406 Ltd. v. Central Appraisal Dist. of Taylor County, 213 S.W.3d 544 (Tex. App. - Eastland 2007)
- In re Guardianship of Archer, 203 S.W.3d 16 (Tex. App. - San Antonio 2006)
- Jim Wells County v. El Paso Production Oil and Gas Co., 189 S.W.3d 861 (Tex. App. Houston [1st Dist.] 2006)
- In re ExxonMobil Corp., 153 S.W.3d 605 (Tex.App. - Amarillo 2004)
- In re Guardianship of Archer, 2004 WL 57049 (Tex.App. - San Antonio 2004)
- WB Summit Properties, Inc. v. Midland Cent. Appraisal Dist., 122 S.W.3d 374 (Tex.App. - El Paso 2003)
- K.P. Meiring Construction, Inc. v. La Quinta Inns, Inc., 2003 WL 246514 (Tex.App. - San Antonio 2003)
- Kellair Aviation Co. v. Travis Cent. Appraisal Dist., 99 S.W.3d 704 (Tex.App. - Austin 2003)
- Zapata County Appraisal Dist. v. Coastal Oil & Gas Corp., 90 S.W.3d 847 (Tex.App. - San Antonio 2002)
- Weingarten Realty Investors v. Harris County Appraisal Dist., 93 S.W.3d 280 (Tex.App. - Houston [14th Dist.] 2002)
- Gables Realty Ltd. Partnership v. Travis Cent. Appraisal Dist., 81 S.W.3d 869 (Tex.App. - Austin 2002)
- Circle C Child Development Center, Inc. v. Travis Cent. Appraisal Dist., 981 S.W.2d 483 (Tex.App. - Austin 1998)
- Classes/Seminars Taught:
- "Case Law Update", Austin Bar Association, Nuts & Bolts of Administrative Law Seminar, 2009
- "Oil Tank Farm and Gas Storage Cases on Appeal, Texas Oil & Gas Association, 2009 Property Tax Representatives Annual Conference (co-presenter), 2009
- "Practice Before the Courts of Appeals", State Bar Appellate Boot Camp, 2008
- Co-Presenter, "Midland Tank Farm Appeal Update", Texas Oil & Gas Association 2008 Property Tax Representatives Annual Conference, 2008
- "Jury Charge Issues", 31st Annual Advanced Civil Trial Course, 2008
- "Preserving Issues in Post-Trial Motions", Austin Bar Association Civil Litigation Section Ultimate Trial Notebook Seminar, 2007
- "Shaking Out the New Multidistrict Litigation Rules and MDL Panel Decisions", Permian Basin Oil & Gas Law Weather Report, 2007
- "Appellate Practice Tips Every Lawyer Needs to Know", Austin Bar Association First Friday CLE Series, 2006
- "Multidistrict Litigation", 20th Annual Advanced Civil Appellate Practice Course, 2006
- "Appeals Involving the Government", 19th Annual Advanced Civil Appellate Practice Course, 2005
- "Case Law Update", Austin Bar Association Annual Advanced Administrative Law Seminar, 2005
- Co-Presenter, "Supreme Court Update", College of the State Bar Summer School, 2005
- "Third Court of Appeals Update", Travis County Bar Association Bench-Bar Conference, 2004
- "Case Law Update", Austin Bar Association Annual Advanced Administrative Law Seminar, 2004
- "Lifestyle Issues", Co-Presenter, Ethics Seminar Class, 2004
- "Case Law Update", Austin Bar Association Annual Advanced Administrative Law Seminar, 2002
- Honors and Awards:
- AV Peer Review Rating by LexisNexis Martindale-Hubbell
- Super Lawyer, Law & Politics and Texas Monthly Magazine, 2005
- Super Lawyer, Law & Politics and Texas Monthly Magazine, 2006
- Super Lawyer, Law & Politics and Texas Monthly Magazine, 2007
- Super Lawyer, Law & Politics and Texas Monthly Magazine, 2008
- Life Fellow, Texas Bar Foundation
- Professional Associations and Memberships:
- State Bar Appellate Section
- Travis County Bar Association, Civil Appellate Section
- Past Chair
- State Bar of Texas, Appellate Section
- Past Chair, Heritage/History Committee
- Past Employment Positions:
- Ikard Wynne & Ratliff LLP, Austin, Partner
- Popp & Ikard LLP, Austin, Associate/Partner
- Wilson, Grosenheider & Burns, L.L.P., Austin, Associate
- Third Court of Appeals, Austin, Staff Attorney
- Seventh Court of Appeals, Amarillo, Briefing Attorney
- Pro Bono Activities:
- Board of Directors, The Settlement Club
- Member, United Way Capital Area Women's Giving Network
- Volunteer Attorney, Volunteer Legal Services (Divorce Cases)
- Volunteer, Breast Cancer Services: Nutritional Support Pilot Project
- Assistant Coach, Jessup International Law Moot Court Team
- Member, State Bar Appellate, Pro Bono Committee
- Fraternities/Sororities:
- Phi Delta Phi
