P. Michael Jung

Michael Jung represents clients in all industries in appellate matters in state and federal courts.  He also handles zoning, land use, and election law matters on behalf of governmental and private clients.

Michael helps clients navigate the appeals process from beginning to end, handling appeals in cases referred to the firm as well as cases handled at the trial-court level by other Clark Hill attorneys. He assists trial lawyers with discovery issues, dispositive motions, jury instructions, and post-trial motions.  He consults on trial-court cases or appeals being handled by other firms and also helps with post-trial mediation and other settlement activities. Additionally, Michael prepares “friend of the court” briefs in important cases.

He is comfortable with whatever role best suits the client's needs, ranging from standby consultation with trial counsel to working as part of a multi-firm team of lawyers to independent pursuit of a complete appeal.

Michael brings four decades of experience in appellate and law-intensive trial court litigation to the solution of clients’ problems. He has argued more than 220 cases on appeal, including 26 in the Supreme Court of Texas and 42 in the U.S. Fifth Circuit. He is a Fellow of the American Academy of Appellate Lawyers and is board-certified in Civil Appellate Law by the Texas Board of Legal Specialization.

Michael also helps clients navigate governmental-law issues pending before government bodies and courts.  These include zoning and land use matters and issues relating to partisan and non-partisan elections.

Recent Appellate Experience

• 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.
• Reversal of a $4.7 million judgment in a partnership dispute involving medical imaging centers. Plano AMI, L.P. v. Cruz, No. 05-12-01480-CV, 2015 Tex. App. LEXIS 166 (Tex. App. - Dallas Jan. 9, 2015, no pet.). Taking over the case after an unfavorable verdict, Michael successfully resisted the plaintiff's claim for a judgment twice as large, and then on appeal obtained reversal and remand of the trial court judgment on the basis of an erroneous partial summary judgment and partial directed verdict.
• 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 an adverse summary judgment in a title insurance dispute. Lawyers Title Insurance Corp. v. Doubletree Partners, L.P., 739 F.3d 848 (5^th Cir. 2014). Joining the client's legal team after an adverse summary judgment, Michael successfully argued in the Fifth Circuit that "survey coverage" purchased by our client covered a flowage easement mislocated on a survey of the property, and that an exception in the policy for the flowage easement excluded only the easement as shown on the erroneous survey.
• 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.
• Affirmance of a summary judgment for the defendant on a filial consortium health care liability claim Maes v. El Paso Orthopaedic Surgery Group, P.A. 385 S.W.3d 694 (Tex. App.-El Paso 2012, pet. denied). Arguing the case in the trial court and on appeal, Michael convinced both courts that the expiration of the statute of limitations on the injured parent's claim, and the dismissal of that claim for want of a sufficient expert report, barred the daughter's consortium claim.

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:

• 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:

• ​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)