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NICOLE M. DUARTE

SPECIAL COUNSEL

512-968-7232

Nicole maintains a primarily appellate practice at The Norris Firm. Leveraging her 30+ years of civil litigation experience and the knowledge gained during her tenure as a federal appellate law clerk, she works with the trial teams to strategize the firm’s cases at the highest level, draft and argue key motions, and preserve possible trial court error for appeal. She also drafts appellate briefs and argues appeals and other appellate proceedings in federal and state courts of appeals. Nicole has represented clients in the areas of energy litigation, environmental law, toxic torts, complex litigation (including class actions), and industrial accidents. She also has substantial experience in advocating in the alternative dispute resolution setting, including both arbitration and mediation. She is an American Arbitration Association-trained mediator and was appointed to the American Arbitration Association commercial arbitration roster.

After graduating from law school second in her class, Nicole served as a law clerk to the Honorable Andrew J. Kleinfeld of the U.S. Court of Appeals for the Ninth Circuit in Fairbanks, Alaska. She has taught several courses at Tulane University Law School, including “Environmental Science for Lawyers” and “Toxic Torts: Law and Theory,” and as a lecturer in the law school’s Summer School Program in Amsterdam. In addition, she served as a member of the law faculty at the University of Rijeka, Croatia, as a Fulbright Lecturer in 2000. She is a member of the bars of Texas, Louisiana, and Alaska (inactive).

EDUCATION

  • Louisiana State University Paul M. Hebert Law Center
    • – JD, 1992
    • – Order of the Coif, Louisiana Law Review
  • Louisiana State University
    • – MA, English, 1991
    • – BA, Anthropology, cum laude, 1987

RESULTS MATTER

  • As United States Supreme Court counsel for an amicus curiae, drafted amicus brief in action by United States seeking $14 billion in civil penalties arising out of BP oil spill.
  • Served as lead counsel in putative class action involving 50,000+ putative class members, nineteen defendants, and claim of illegality of Commissioner of Conservation’s unitization practices; responsible for litigation strategy, briefing, and appellate argument; obtained dismissal of action on pre-trial exceptions that was overturned by court of appeal; obtained discretionary writ from Louisiana Supreme Court reinstating trial court’s dismissal of action.
  • Served as lead trial and appellate counsel in action for ownership of mineral rights; obtained, and successfully defended on appeal, defense ruling after a bench trial.
  • Obtained, and successfully defended on appeal, summary judgment dismissing action seeking enforcement of alleged agreement to lease.
  • Obtained reversal, from a five-judge panel, of trial court’s denial of partial summary judgment on issue of ownership of minerals beneath bed of public roads.
  • Served as appellate counsel advising trial team in action seeking cancellation of mineral lease on ground of failure to develop; obtained appellate ruling reversing trial court’s adverse judgment by having trial team decline to put on a defense given Plaintiff’s failure to satisfy the elements of its own case.
  • Served as co-counsel in declaratory judgment action by the owner of a salt dome storage facility relating to the authority to brine new caverns; responsible for developing and presenting a successful claim of unconstitutionality of a new project-specific groundwater limitation statute and for helping to develop general litigation strategy and expert reports concerning groundwater and cavern safety issues.
  • Served as lead counsel in toxic tort action arising out of the release of ammonia, that involved more than 8,000 plaintiffs.