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.
Named among The Best Lawyers in America® for Administrative/Regulatory Law (2010-2023), Appellate Practice (2006-2023), Bet-the-Company Litigation (2010-2023), Commercial Litigation (2006-2023), Land Use and Zoning Law by Best Lawyers (2015-2023)
Named among Best Lawyers in Dallas by D Magazine (2017-2021)
Recognized as Lawyer of the Year – Dallas Administrative/Regulatory Law by Best Lawyers (2015)
Named among Best Lawyers in Dallas by Best Lawyers (2001-2016, 2022)
Named among America’s Leading Lawyers for Business in Appellate by Chambers USA (2006-2021)
Named Texas Super Lawyer – Appellate by Thomson Reuters (2003-2017, 2021) appeared on its Top 100 in Texas (2003-2017, 2021) and Top 10 (2010-2012) in Texas special editions
Texas Association of Defense Counsel, President’s Award (1992, 1997)
Certified in Civil Appellate Law by the Texas Board of Legal Specialization (1987-2022)
Texas Association of Defense Counsel (1983-2018), Amicus Curiae Committee (1986-1997) former Chairman (1991-1997), Regional Vice-President (1993-1995), Administrative Vice-President (1995-1997)
State Bar of Texas, Appellate Section, Member (1986-present)
Bar Association of the Fifth Federal Circuit, Member (1984-present)
Dallas Bar Association, Appellate Law Section, former Chairman (1995)
Dallas City Plan and Zoning Commission, Member (1987-1989, 1991, 2015-present)
Dallas Charter Review Commission, Member (2002-2003)
Dallas Zoning Ordinance Committee, Member (1985-2005)
forwardDallas!, Comprehensive Plan Advisory Committee Member (2004-2006)
Dallas Ethics Review Task Force, Member (1999)
Texas Land Conservancy, Board of Directors, past President
White Rock Neighborhood Association, Board of Directors (1992-present), past President (2011-2022)
White Rock Lake Task Force, Member (1997-present), past Chairman (2013-2017)
Destination Imagination, Inc., Secretary, Board of Trustees (2019-present)
Texas Creative Problem Solving Organization, Executive Board of Directors (2004-2017)
White Rock Lake Museum, Secretary (2004-present)
Texas Neighborhoods Together, Variety of leadership positions, including President
Dallas Homeowners League, Variety of leadership positions, including President
Friends of Fair Park, Board of Directors (1990-1996)
King of Glory Lutheran Church, Variety of leadership positions, including Council President
Law Clerk to Hon. Patrick E. Higginbotham, U.S. District Court for the Northern District of Texas (1979-1980) Computer simulation for Space Shuttle reentry guidance system, Charles Stark Draper Laboratory, Inc. (1975-1976)
State Bar Licenses
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
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)
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)