Houston, January 11, 2023 – Baker Botts L.L.P., a leading international law firm, has won a rare appeal of a remand order in the United States Court of Appeals for the Fifth Circuit for firm client Port of Corpus Christi Authority Nueces County, in Port of Corpus Christi Authority of Nueces County v. The Port of Corpus Christi, LP.

The appeal arose out of a lawsuit filed by the Port Authority, alleging inter alia that former Port Commissioner Kenneth Berry and an entity he owns are trespassing on the Port Authority’s submerged lands in Corpus Christi Bay. After the Port Authority brought its claims in Texas state court, the defendants removed the case to the United States District Court for the Southern District of Texas. The Port Authority moved to remand, and the district court ordered the matter remanded to state court.

Although remand orders are typically not subject to appeal, the defendants’ reliance on Federal Officer Removal Jurisdiction gave rise to a rare opportunity for appellate review. 

Baker Botts partner Macey Reasoner Stokes argued on behalf of the Port Authority, noting that the Port Authority’s state-law trespass claim did not implicate the authority of any federal officer and did not arise under federal law, and the Fifth Circuit agreed.

The Baker Botts appellate team consisted of Macey Reasoner Stokes, Travis L. Gray, Tony Lucisano, and Elisabeth Butler. Co-counsel for the Port Authority included law firms Gibbs & Bruns; Baker Wotring; Welder Leshin; and Doug Allison.

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