Elizabeth A. Kiernan is an associate in the Dallas office of Gibson, Dunn & Crutcher.  She currently practices with the Firm’s Appellate and Constitutional Law Practice Group.

Ms. Kiernan is a trusted appellate advocate and counselor.  She has represented clients in their most complex, high-stakes, time-sensitive matters, appearing before the U.S. Supreme Court, the Texas Supreme Court, and state and federal courts of appeals.  Ms. Kiernan has presented argument before the Fifth Circuit and has supported arguments in various courts, including the Texas Supreme Court, the Second, Fourth, Fifth, and Ninth Circuits, the Northern District of Texas, and the Third and Fifth Texas Court of Appeals of Texas.  Ms. Kiernan has successfully litigated cases involving contracts, the Constitution, and state law.

Ms. Kiernan’s most significant victories include persuading a unanimous Fifth Circuit panel to uphold the dismissal of contractual and tort claims seeking over twelve-million dollars; invalidating a Texas agency’s rule affecting billions of dollars for exceeding the agency’s statutory authority in the Austin Court of Appeals; reversing a fourteen-million-dollar summary judgment in the Fort Worth Court of Appeals; preserving appellate victory at the Texas Supreme Court; and upholding the constitutionality of voluntary, interfaith opening ceremonies before court sessions.

Recent Representative Matters:

• Representing energy companies in disputes arising out of the 2021 Texas winter storm, including in appeals of rules invalidly issued by the Public Utility Commission and in multidistrict litigation of tort claims.  See Luminant Energy Company LLC v. PUC, No. 03-21-00108-CV (Tex. App—Austin) (obtained favorable agreement for client); Luminant Energy Company LLC v. PUC, No. 03-21-00126-CV (Tex. App—Austin) (same); In re: Winter Storm Uri Litig., No. 2021-41903 (MDL Civ. Ct., Harris Cty., Tex.) (pending).  Persuaded the Austin Court of Appeals to invalidate Commission rule setting prices at their maximum for exceeding the Commission’s statutory mandate.  see Luminant Energy Company LLC v. PUC, No. 03-21-000098-CV (Tex. App—Austin).
• Argued and obtained a complete victory on behalf of a payment brand by persuading a unanimous Fifth Circuit panel to uphold the dismissal of contractual and tort claims seeking over $12 million dollars.  See Paymentech v. Landry’s, No. 21-20447 (5th Cir.) [argued].
• Overturned a $14 million summary judgment by persuading court to uphold the validity of a payment brand’s security program and to revive the brand’s counterclaim for fraud.  See Visa Inc. v. Sally Beauty Holdings, Inc., 651 S.W.3d 278 (Tex. App.—Fort Worth Dec. 9, 2021, pet. filed).
• Preserved significant appellate court victory by persuading the Texas Supreme Court to deny review after calling for full merits briefing in oil and gas case.  Nixon v. Hardaway, No. 18-0162 (Tex.).
• Defeated challenge to Health and Human Service’s rejection of former employee’s eight-figure wrongful termination suit.  Frey v. U.S. Dep’t of Health & Human Servs., No. 18-60205 (5th Cir.).
• Secured emergency stay pending appeal and ultimately persuaded the Fifth Circuit to render judgment upholding constitutionality of Justice of the Peace’s practice of allowing volunteer chaplains to perform brief, optional, and interfaith opening ceremonies before court sessions.   Freedom from Religion Found., Inc. v. Mack, No. 21-20279 (5th Cir.).
• Represented various organizations as amicus curiae in cases before the U.S. Supreme Court, the Fifth Circuit, and the Texas Supreme Court.   Kisor v. Wilkie, No. 18-15 (U.S.) (on behalf of State and Local Government Associations); American Legion v. American Humanist Ass., Nos. 17-1717, 18-18 (U.S.) (on behalf of Utah Highway Patrol Association); Arizona v. Goodman, No. 18-391 (U.S.) (on behalf of Arizona Voice for Crime Victims, Inc., Memory of Victims Everywhere to Rescue Justice, and The National Crime Victim Law Institute );  Shin v. Ramirez, No. 20-1009 (U. S.) (Counsel of Record) (on behalf of two habeas scholars); Cochran v. SEC, No. 19-10396 (5th Cir.) (on behalf of the Texas Public Policy Foundation); Gregory v. New Prime, No. 21-0017 (Tex.) (on behalf of the U.S. Chamber of Commerce); In re Walmart, Nos. 21-0363, 21-0650 (Tex.) (on behalf of the Washington Legal Foundation).

Ms. Kiernan graduated with Honors from the University of Chicago Law School in 2017.  While at the Law School, she served as a Comments Editor of The University of Chicago Law Review.  Ms. Kiernan earned her Bachelor of Arts degree summa cum laude from the University of Alabama.  She double majored in English and Political Science and was elected Phi Beta Kappa.

Prior to joining the Firm, Ms. Kiernan served as a law clerk to the Honorable Jerry E. Smith of the U.S. Court of Appeals for the Fifth Circuit and the Honorable William H. Pryor Jr. of the U.S. Court of Appeals for the Eleventh Circuit.  She also served as Special Counsel to U.S. Senator Josh Hawley for the confirmation of Justice Amy Coney Barrett.

Ms. Kiernan is admitted to practice in Texas and the District of Columbia.  She is also admitted to practice before the Supreme Court of the United States, the U.S. Courts of Appeals for the Fifth, Seventh, Ninth, and Eleventh Circuits, and the U.S. District Courts for the Northern, Southern, and Eastern Districts of Texas.