Marianne M. Auld

BIOGRAPHY

Marianne M. Auld is the managing partner of Kelly Hart and the chair of the firm’s Appellate section. She has briefed and argued dozens of appeals in both state and federal courts of appeals.

Ms. Auld began her career as a law clerk on the United States Court of Appeals for the Fifth Circuit. Following her clerkship, she joined Kelly Hart as an associate in the firm’s litigation section, where she worked on a wide range of civil matters for clients including governmental entities and both publicly-traded and privately-held companies. Later, she served as a tenured professor of law at Baylor Law School, where she taught, among other courses, civil procedure, remedies, and legal writing.

Ms. Auld rejoined Kelly Hart in 2008 as a partner in the firm’s appellate section. Since that time, she has worked primarily on complex civil appeals involving labor disputes, antitrust matters, oil and gas issues, and claims against Class I railroads. She has also worked with trial teams involved in high stakes litigation to ensure that clients are well-positioned for resulting appeals.

Outside of the office, Ms. Auld recently served as board chair of the Fort Worth Chamber of Commerce and serves on the Board of Directors for a number of nonprofit organizations, including the Fort Worth Museum of Science and History, the Fort Worth Symphony Orchestra, the Fort Worth Report, Visit Fort Worth, Fort Worth Economic Development Partnership, and Tarrant To and Through Partnership.

EXPERIENCE AND HIGHLIGHTS

• Malinski v. BNSF Ry. Co., 805 F. App’x 579 (10th Cir. 2020)
• Energy Transfer Partners, L.P. v. Enter. Prods. Partners, L.P., 593 S.W.3d 732 (Tex. 2020)
• CLC Roofing, Inc. v. Helzer, 594 S.W.3d 414 (Tex. App.—Fort Worth 2019, no pet.)
• BNSF Ry. Co. v. Seats, Inc., 900 F.3d 545 (8th Cir. 2018)
• BNSF Ry. Co. v. Baca, No. 02-17-00168-CV, 2018 WL 1528573 (Tex. App.—Fort Worth March 29, 2018, no pet.)(mem. op.)
• City of San Antonio, Texas v. Hotels.com, L.P., 876 F.3d 717 (5th Cir. 2017)
• Permian Power Tong, Inc. v. Diamondback E&P, LLC, No. 12-16-00092-CV, 2017 WL 2824311 (Tex. App.—Tyler June 30, 2017, pet. denied)
• BNSF Ry Co. v. Epple, No. 07-15-00355-CV, 2016 WL 7010581 (Tex. App.—Amarillo June 2, 2017, pet. denied)
• Van Houten v. City of Fort Worth, 827 F.3d 530 (5th Cir. 2016)
• In re Nat’l Lloyds Ins. Co., No. 13-15-00521-CV, 2016 WL 552112 (Tex. App.—Corpus Christi Feb. 10, 2016, orig. proceeding [mand. denied])
• BNSF Ry. Co v. Phillips, 485 S.W.3d 908 (Tex. 2015)
• Abraham & Veneklasen Joint Venture v. Am. Quarter Horse Ass’n, 776 F.3d 321 (5th Cir. 2015)
• In re Hayward, 480 S.W.3d 48 (Tex. App.—Fort Worth 2015, no pet.)
• Lermon v. Minyard Food Stores, Inc., No. 05-13-00034-CV, 2014 WL 6466840 (Tex. App.—Dallas Nov. 19, 2014, pet. denied)
• HMC Hotel Props. II Ltd. P’ship v. Keystone-Tex. Prop. Holding Corp., 439 S.W.3d 910 (Tex.  2014)
• Burnett Ranches, Ltd. v. U.S., 753 F.3d 143 (5th Cir. 2014)
• BNSF Ry. Co. v. Wipff, 408 S.W.3d 662 (Tex. App.—Fort Worth 2013, no pet.)
• Mitchell v. Ballard, 420 S.W.3d 122 (Tex. App.—Texarkana 2012, no pet.)
• Harris v. BNSF Ry. Co., 393 S.W.3d 789 (Tex. App.—El Paso 2012, no pet.)
• U-Haul Int’l., Inc. v. Waldrip, 380 S.W.3d 118 (Tex. 2012)
• Helmerch & Payne Int’l Drilling Co. v. BOPCO, L.P., 357 S.W.3d 801 (Tex. App.—Eastland 2011, no pet.)
• Faust v BNSF Ry. Co., 337 S.W.3d 325 (Tex. App.—Fort Worth 2011, pet. denied)
• Wine Country Gift Baskets.com v. Steen, 612 F.3d 809 (5th Cir. 2010)
• Martin v. Martin, No. 02-08-00490-CV, 2010 WL 2331448 (Tex. App.—Fort Worth 2010, pet. denied)
• Winegar v. Martin, 304 S.W.3d 661 (Tex. App.—Fort Worth 2010, no pet.)
• Bandera Drilling Co. v. Sledge Drilling Corp., 293 S.W.3d 867 (Tex. App.—Eastland 2009, no pet.)
• Farlow v. Harris Methodist Fort Worth Hosp., 284 S.W.3d 903 (Tex. App.—Fort Worth 2009, pet. denied)

AFFILIATIONS

• American Bar Association
• Tarrant County Bar Association
• Tarrant County Bar Foundation, Sustaining Life Fellow
• Texas Bar Foundation, Sustaining Life Fellow
• Texas Supreme Court Historical Society, Greenhill Fellow
• Eldon B. Mahon Inn of Court, Executive Committee, President, Master
• National Association of Railroad Trial Counsel (“NARTC”)
• Bar Association of the Federal Circuit
• Fort Worth Economic Development Partnership, Board
• Visit Fort Worth, Board
• Fort Worth Chamber of Commerce
  • Immediate Past Board Chair, 2022
  • Board Chair, 2021
  • Vice Chair, 2020
  • Board of Directors, 2017-2020
• Fort Worth Museum of Science and History, Board Chair
• Fort Worth Symphony Orchestra, Board and Executive Committee Chair
• Tarrant To and Through Partnership, Executive Committee
• Fort Worth Report, Board
• Fort Worth Cradle to Career, Board
• Leadership Fort Worth, Leader Prime, 2018
• Women Steering Business
• BBVA Compass Bank, Director, 2017-2020
• DRC—Community Solutions to End Homelessness, Board, 2013-2018
• United Way of Tarrant County, Campaign Co-Chair, 2017
• Trinity Valley School; Board of Trustees, 2006-2016
• Judicial Conference of the United States Court of Appeals for the Fifth Circuit Host Committee, 2013
• National Conference of Commissioners on Uniform State Laws, 1999-2004

HONORS

• Best Lawyers in America®, U.S. News & World Report, 2015-2024
  • Appellate Practice
  • Commercial Litigation
• The 400 Most Influential People, Fort Worth Inc. magazine, 2018-2023
• Texas Super Lawyers, Thomson Reuters, 2013-2023
  • Appellate
• Top 50 Women Texas Super Lawyers, 2022, 2023
• Top 100 Dallas/Fort Worth Super Lawyers, 2022, 2023
• Top Attorney, 360 West magazine, 2017-2023
• Top Attorney, Fort Worth Magazine, 2012-2023
• Best Lawyers in America®, Women in the Law, Business Edition, 2020-2023
• Great Woman of Texas, Fort Worth Business Press, 2018
• Law Good Scout Recipient by the Longhorn Council of the Boy Scouts of America, 2017
• 20 Women to Watch in Business, Fort Worth Business CEO magazine, 2015
• Great Women of Texas, Fort Worth Business Press, 2014

EDUCATION

• Baylor University School of Law, J.D., with highest honors, 1988
  • Baylor Law Review, Editor-in-Chief
  • Phi Delta Phi
  • ABA Mock Trial Competition National Semi-finalist
  • Regional Champion
  • National Mock Trial Team
  • Order of Barristers
• Baylor University, B.A., 1982

ADMISSIONS

• State Bar of Texas
• U.S. Supreme Court
• U.S. Court of Appeals, District of Columbia Circuit
• U.S. Court of Appeals for the Federal Circuit
• U.S. Court of Appeals, Fifth Circuit
• U.S. Court of Appeals, Eighth Circuit
• U.S. Court of Appeals, Tenth Circuit
• U.S. District Court, Northern District of Texas
• U.S. District Court, Southern District of Texas
• U.S. District Court, Eastern District of Texas
• U.S. District Court, Western District of Texas