P. Michael Jung

Recent Appellate Experience

• Affirmance of a summary judgment confirming title to West Texas mineral leasehold interests. Concho Resources, Inc. v. Ellison, 627 S.W.3d 226 (Tex. 2021).  After a reversal by the intermediate court of appeals of a favorable judgment in the trial court, Michael convinced the Supreme Court of Texas that a boundary stipulation by the respective mineral owners, ratified by the opposing claimant, resolved the question of leasehold title.
• Reversal of an unfavorable intermediate appellate decision in an oil-and-gas lease case. Endeavor Energy Resources, L.P. v. Energen Resources Corp., 615 S.W.3d 144 (Tex. 2020). Joining the client’s team after the unfavorable ruling, Michael obtained a reversal of the ruling in the Supreme Court of Texas, reconfirming the client’s ongoing leasehold rights in a tract of over 11,000 acres in West Texas.
• Affirmance of a judgment following bench trial in an interpleader action involving provision of maritime fuel. Martin Energy Services, LLC v. M/V Bravante IX, No. 17-10899, 2018 U.S. App. LEXIS 12402 (11th Cir. May 10, 2018). Working with the firm’s trial counsel following a favorable trial court judgment, Michael persuaded the Eleventh Circuit to uphold a judgment for the client fuel supplier on the ground of quantum meruit.
• Affirmance of a $32 million judgment in an alter ego case brought by the trustee of a securitized mortgage trust. Konover Development Corp. v. Wells Fargo Bank, N.A., 630 F. App’x 46, 2015 U.S. App. LEXIS 19881 (2nd Cir. Nov. 17, 2015, cert. denied). Joining the client’s appellate team and arguing the case in the Second Circuit, Michael helped persuade the court to reject the defendant’s numerous jurisdictional, procedural, and substantive challenges to a trial court judgment that the judgment debtor under a Maryland mortgage deficiency judgment was the alter ego of the individual defendant who owned the debtor corporation.
• Affirmance of a summary judgment for the lessor in an oil and gas dispute involving competing interpretations of a retained-acreage clause. ConocoPhillips Co. v. Vaquillas Unproven Minerals, Ltd., No. 04-15-00066-CV (Tex. App. – San Antonio Aug. 5,  2015, judgm’t vac. w.r.m. by agr.) (mem. op.). Becoming part of the client’s team even before suit was filed, Michael helped convince the trial and appellate courts that the lessee was required to release additional acreage due to the adoption of a field rule by the Railroad Commission.
• Upholding a summary judgment for a hospital sued by a minor 15 years after the child’s birth. Tenet Hospitals Ltd. v. Rivera,  445 S.W.3d 698 (Tex. 2014). Joining the client’s legal team after an unsuccessful outcome in the Court of Appeals, Michael convinced the Supreme Court of Texas that the claim was barred by the statute of repose because the minor’s guardian failed to exercise diligence in pursuing the minor’s claim.
• Upholding a $13.4 million judgment in favor of a flooded marina in a suit against the marina’s insurance broker. Insurance  Alliance v. Lake Texoma Highport, LLC, 452 S.W.3d 57 (Tex. App. – Dallas 2014, pet. denied). After joining with the client’s legal team at another firm even before the case went to trial, Michael successfully defended the marina against the broker’s appeal, arguing that there was ample evidence that the insurance that the broker agreed to obtain would have provided at least $8.7 million more coverage than the coverage actually obtained.
• Reversal of a federal court judgment dismissing two class actions arising out of the infamous Stanford Ponzi scheme. Roland v.  Green, 675 F.3d 503 (5th Cir. 2012), aff’d sub nom. Chadbourne & Parke, LLP v. Troice, 571 U.S. , 134 S. Ct. 1058 (2014). Arguing the case in the Fifth Circuit, Michael helped convince the court that suits by thousands of defrauded Latin American investors against some of the Stanford entities’ law firms and insurance brokers were not precluded by the Securities Litigation Uniform Standards Act, because nationally-traded securities were only tangentially involved in the case. Working with an outside Supreme Court specialist, Michael then helped persuade the Supreme Court to affirm the Fifth Circuit’s decision.

Recent Governmental Law Experience

• Service as Board Attorney for Dallas County Schools, a county school district providing transportation and other services to independent school districts in Dallas County and elsewhere
• Representation of the City of Farmers Branch in litigation concerning its ordinances restricting rental housing for illegal immigrants
• Representation of a political action committee opposing public funding of the Dallas convention center hotel
• Successful representation of the City of Brownsville Public Utilities Board in appellate litigation concerning a power plant purchase
• Successful representation of the Dallas County Community College District in class action litigation challenging assessment and collection of technology fees and increased student services fees
• Successful representation of the Dallas Housing Authority in litigation challenging construction of public housing in far North Dallas
• Successful representation of the City of Sherman in litigation concerning a proposed initiative petition regarding solid waste franchises
• Successful representation of citizens of Garland seeking to force a City Council election
• Representation of the Dallas Independent School District in multi-decade school desegregation litigation

Oral Arguments
Click to listen to selected oral arguments by Michael Jung:

• Concho Resources, Inc. v. Ellison (Supreme Court of Texas, Jan. 5, 2021)
• Endeavor Energy Resources, L.P. v. Energen Resources Corp. (Supreme Court of Texas Sept. 16, 2020)
• Fischer v. CTMI, L.L.C. (Supreme Court of Texas, Oct. 12, 2015)
• Tenet Hospitals Ltd. v. Rivera (Supreme Court of Texas, Feb. 4, 2014)
• Lawyers Title Insurance Corp. v. Doubletree Partners, L.P. (5th Cir., June 6, 2013)
• Roland v. Green (5th Cir., Feb. 7, 2012)
• Hernandez v. Thaler (5th Cir., June 4, 2009)
• Northbrook National Insurance Co. v. Brewer (Supreme Court of the United States, Oct. 4, 1989)

Appellate Briefs
Click to view selected appellate briefs authored by Michael Jung:

• Concho Resources, Inc. v. Ellison (Supreme Court of Texas 2020)
• Endeavor Energy Resources, L.P. v. Energen Resources Corp. (Supreme Court of Texas 2019)
• Terry, Newsom & Terry, L.L.P. v. Henry S. Miller Commercial Co. (Supreme Court of Texas 2017)
• Insurance Alliance v. Lake Texoma Highport, L.P. (Dallas Court of Appeals 2013)
• Plano AMI, L.P. v. Cruz (Dallas Court of Appeals 2013)
• Defterios v. Dallas Bayou Bend, Ltd. (Supreme Court of Texas 2012)
• McKinley v. Abbott (5th Cir. 2010)
• In re Norwood (Supreme Court of Texas 2010)
• iValue Group, Inc. v. M&A Technology, Inc. (Supreme Court of Texas 2010)
• Clear Channel – Outdoor, Inc. v. Dallas County Community College District (Supreme Court of Texas 2009)
• State of Texas v. Harrell Ranch, Ltd. (Austin Court of Appeals 2007)
• Allstate Insurance Co. v. Accident & Injury Pain Centers, Inc. (5th Cir. 2006)

• Casa View Court Gets Approval from Plan Commission, Lakewood Advocate (Jan. 21, 2022)
• New Single-Family Development at Highland and Barbaree Approved by Council, Lakewood Advocate (Nov. 2, 2021)
• Permian Basin Boundary Fight Teed Up For Texas Justices, Law 360 (Jan. 5, 2021)
• Texas Justices Side With Endeavor In Lease Termination Row, Law360 (Dec. 18, 2020)
• How Oncor Made a Killing at White Rock Lake, D Magazine (Dec. 2020)
• Oncor Carved Out a Part of White Rock Lake’s Heart. How Does Dallas Stop the Next Land Massacre?, Dallas Morning News (Oct. 23, 2020)
• Surgery Center Says ‘Detailed’ Contract Voids Doc’s $8M Win, Law360 (Oct. 20, 2020)
• Texas Justices Say Contract Is King In $535M Pipeline Fight, Law360 (Jan. 31, 2020)
• Apartments on Garland Road Fail to Woo Plan Commission, Lakewood Advocate (July 21, 2017)
• In Legal Malpractice Case, Dallas Appellate Lawyer Gives Client Shot at Exemplary Damages, Texas Lawyer (Sept. 20, 2016)
• Mark Clayton Announces Picks for Plan Commissioner and Park Board, Lakewood Advocate (July 2015)