P. Michael JungP. Michael Jung Clark Hill
P. Michael Jung
P. Michael Jung serves as Chair of Clark Hill Strasburger's Appellate and Infrastructure & Land Use practices and is an active member of the firm's Governmental Law industry team. He is a Fellow of the American Academy of Appellate Lawyers and has been honored with many awards for his exceptional work in appellate law.
Michael is Board Certified in Civil Appellate Law by the Texas Board of Legal Specialization.
Michael Jung has over 37 years' experience in appellate and law-intensive trial court litigation in state and federal courts. He has argued more than 210 cases on appeal, including 23 cases in the Supreme Court of Texas, 81 cases in the Dallas Court of Appeals, and 38 cases in the U.S. Fifth Circuit Court of Appeals, and has handled over 480 appellate cases in whole or in part.
Michael has also represented a wide range of governmental entities, including school districts, cities, counties, and other units of local government, as well as private clients in their dealings with those entities. He has represented numerous clients in zoning and land use matters pending before municipal authorities and courts, and has handled several election law matters 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 (5th 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
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)
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)
- Appellate, civil procedure, evidence, land use, and tort law presentations for the following organizations:
- University of Texas School of Law (1994-96, 2004, 2008, 2013, 2015, 2016);
- Dallas Bar Association Governmental Law Section (2014);
- State Bar of Texas (1985, 1989, 1992, 1994, 1997-2002, 2006, 2010);
- CLE International (2010);
- American Academy of Appellate Lawyers (2009);
- Collin County Bar Association Appellate Section (2007);
- Dallas Bar Association Appellate Law Section (1995, 2006);
- Tarrant County Bar Association Appellate Law Section (2003);
- Texas Association of Defense Counsel (1988, 1992-96, 2000).
- What the Judge had for Breakfast May Actually Matter, Strasburger's Trial & Error Blog (May, 2017)
- Can I Trade the Station Wagon? The Acceptance-of-Benefits Doctrine, Strasburger's Trial & Error Blog (February 2017)
- John Roberts and the Supremes: the 2015-16 Greatest Hits, Strasburger's Trial & Error Blog (July 2016)
- U.S. Supreme Court Update, 26th Annual Conference on State and Federal Appeals, (June 2016)
- Nonsuits of Remaining Claims: The Fifth Circuit's Bermuda Triangle, Strasburger's Trial & Error Blog (March 2016)
- The Lege Rocks Our World About Net Worth Discovery, Strasburger Trial & Error Blog (August 2015)
- U.S. Supreme Court Update, 25th Annual Conference on State and Federal Appeals (June 2015)
- Enforcement of Judgments Against Local Government - A Practical Guide to Collecting from Local Sovereigns, Dallas Bar Association Governmental Law Section (2014)
- Special Problems in Eminent Domain Appeals, Eminent Domain Institute (2010)
- The Top Ten Traps for Trial Lawyers on Appeal, State Bar of Texas Advanced Personal Injury Course (2010)
- Effective Appellate Advocacy - The Appellant's Viewpoint, Collin County Bar Association Appellate Section (2007)
- Appellate Relief, State Bar of Texas Annual Advanced Civil Appellate Course (2006)
- Settlement Pending Appeal, Dallas/Tarrant County Bar Association Joint Appellate Seminar (2003)
- Dallas' Secluded "Big Spring" Wins Another Approval for Historic Protection, Dallas Morning News (March 2016)
- Class Warfare Didn't Kill White Rock Clubhouse. Democracy Did. Dallas Observer (December 2015)
- Mark Clayton Announces Picks for Plan Commissioner and Park Board, Lakewood Advocate (July 2015)
- Dallas Can't Ditch Residents Suit Over Big-Box Zoning Change, Law360 (July 2015)
- OneBeacon Says Texas Law Bars $30M Recovery For Law Firm, Law360 (April 2015)
- North Dallas Doctor's $10.7M Jury Verdict Overturned on Appeal, Dallas Morning News (January 2015)
- Texas Court Upholds Marina's $8.7M Verdict In Coverage Spat, Law360 (November 2014)
- The Battle for Preston Hollow's Soul, Dallas Observer (October 2014)
- Enterprise Seeks New Trial After $500M Pipeline Judgment, Law360. Subscription required.(July 2014)
- Pipeline Dispute Ends in Gusher of a Judgment, Texas Lawyer Monthly. Subscription required. (July 2014)