Michael Jung serves as chair of Strasburger's Appellate and Zoning & Land Use practices and as a member of the firm's Governmental Law practice group. 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.
• Admitted, Texas; U.S. District Courts for the Northern, Southern, Eastern, and Western Districts of Texas
• Admitted, U.S. Courts of Appeals for the Fifth, Sixth, Eighth, Ninth, Tenth and Eleventh Circuits
• Admitted, U.S. Supreme Court
• Board Certified in Civil Appellate Law by the Texas Board of Legal Specialization
• Texas Association of Defense Counsel (Practice and Procedure Committee Vice-Chairman 1985-1987; Amicus Curiae Committee 1986-97 [Chairman 1991-1997]; Regional Vice-President 1993-2995; Administrative Vice-President 1995-1997; Nominating Committee, 1998, 2000, 2001)
• State Bar of Texas, Pattern Jury Charges (Civil) Committee (1995-1996); State Bar of Texas Appellate Section; Bar Association of the Fifth Federal Circuit; Dallas Bar Association Appellate Law Section (Chairman 1995); Dallas Bar Association Governmental Law Section (Council 2012-present); Supreme Court of Texas Task Force on the Jury Charge (1991-1994).
• Committee for a Qualified Judiciary (1992-present); Dallas City Plan and Zoning Commission (1987-1989, 1991); Dallas Zoning Ordinance Advisory Committee (1985-2005); forwardDallas! Comprehensive Plan Advisory Committee (2004-2006); Dallas Charter Review Commission (2002-03); Dallas Ethics Review Task Force (1999)
• Named among Best Lawyers in Dallas by Best Lawyers and published in D Magazine, 2001-2011
• Named among America's Leading Lawyers for Business in Appellate by Chambers USA, 2006-2011
• Named among Best Lawyers in America by Best Lawyers, 2007-2013 (most recently in Administrative/Regulatory Law, Appellate Practice, “Bet-the-Company Litigation,” and Commercial Litigation)
• Named Texas Super Lawyer by Thomson Reuters, 2003-2009 (top 100 in Texas), 2010-11 (top 10 in Texas)
• Fellow of the American Academy of Appellate Lawyers
• Texas Association of Defense Counsel, President’s Award (1992, 1997)
• Law Clerk to Hon. Patrick E. Higginbotham, United States District Court for the Northern District of Texas (1979-80)
• Current service on the Boards of Directors of the Texas Land Conservancy [president]; the Texas Creative Problem Solving Organization; the White Rock Lake Museum; and the White Rock Neighborhood Association [president]; past service on the boards of Texas Neighborhoods Together; the Dallas Homeowners League; the Friends of Fair Park, and King of Glory Lutheran Church
• Computer simulation for Space Shuttle reentry guidance system, Charles Stark Draper Laboratory, Inc. (1975-76)
Harvard University, J.D., 1979, magna cum laude
Massachusetts Institute of Technology, S.B. degrees, (Mathematics; Earth and Planetary Sciences) 1975
Michael Jung has over 30 years’ experience in appellate and law-intensive trial court litigation in state and federal courts. He has argued more than 180 cases on appeal, including 21 cases in the Supreme Court of Texas, and has handled over 420 appellate cases in whole or in part.
Michael has 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 relresented 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
- Reversal of a federal court judgment dismissing two class actions arising out of the infamous Stanford Ponzi scheme. Roland v. Green, ___ F.3d ___ (5th Cir. Mar. 19, 2012). Arguing the case in the Fifth Circuit, Mr. Jung 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.
- Affirmance of a take-nothing summary judgment in favor of a semiconductor manufacturer in a $3 million suit under a nitrogen supply agreement, brought by a supplier of industrial gases. Matheson Tri-Gas, Inc. v. Atmel Corp.,347 S.W.3d 339 (Tex. App. -- Dallas 2011, no pet.). Partnering with the client’s outside counsel in the briefing process and arguing the case on appeal, Mr. Jung convinced the Court of Appeals that a termination agreement had been triggered by the taking of nitrogen by the purchaser of our client's facility under a separate supply agreement between the gas supplier and the purchaser.
- Affirmance of a $1 million judgment in favor of a commercial mortgage servicer for default interest due under mortgages on multifamily and office properties. ECF North Ridge Associates, L.P. v. ORIX Capital Markets, L.L.C., 336 S.W.3d 400 (Tex. App. – Dallas 2010, pet. denied). Assisting in the briefing process and arguing the case on appeal, Mr. Jung helped convince the Court of Appeals that our client had properly required the property owners to procure terrorism insurance under the "other insurance" clauses of the mortgages.
- Reversal of a $10 million judgment against a Carrollton-based technology company. M&A Technology, Inc. v. iValue Group, Inc., 295 S.W.3d 356 (Tex. App. -- El Paso 2009, pet. denied). Joining the client's legal team af-ter an adverse verdict, Mr. Jung convinced the Court of Appeals that the plaintiffs' damage models were purely speculative because the plaintiff was a new and unproven business with no track record of profits and no objec-tive proof of future profitability.
- Affirmance of a $6 million eminent domain judgment involving a Travis County ranch with special certifications for organic non-hormonal cattle production. State of Texas v. Harrell Ranch, Ltd.,268 S.W.3d 247 (Tex. App. – Austin 2008, no pet.). Joining the client’s legal team after a favorable verdict, Mr. Jung successfully resisted the State’s claims that our client’s access to remainder tracts had not been impaired, that lost profits from the forced premature sale of the herd were not recoverable, and that the jury had awarded excessive damages.
- Reversal of a judgment against our client in a case involving the termination of a billboard lease. Dallas County Community College District v. Clear Channel Outdoor, Inc., No. 05-07-00701-CV (Tex. App. - Dallas July 31, 2008, pet. denied) (mem. op.). Joining with the firm’s Zoning and Land Use group after an adverse summary judgment, Mr. Jung persuaded the Court of Appeals that our client had not inversely condemned the lease and signs, but was instead a third-party bona fide purchaser of the underlying property and thus had the right to terminate the lease under its terms.
- A $1 million appellate judgment in favor of a commercial mortgage servicer under a fee agreement relating to bank deposits. ORIX Capital Markets, L.L.C. v. Washington Mutual Bank, 260 S.W.3d 620 (Tex. App. - Dallas 2008, no pet.). Partnering with the client’s in-house counsel in the briefing process and arguing the case on appeal, Mr. Jung helped convince the Court of Appeals to reverse a summary judgment that our client had not "maintained" the deposits because a third party owned the funds.
- Significant partial reversal of a judgment against an ambulatory surgery center in connection with a marketing agreement for laparoscopic gastric banding surgery. Plano Surgery Center v. New You Weight Management Center, 265 S.W.3d 496 (Tex. App. - Dallas 2008, no pet.). The Court of Appeals held that alleged negligent misrepresentations were in fact oral promises not actionable in tort. Mr. Jung worked with the client's trial coun-sel to prepare the briefs and argued the case on appeal.
- Reversal of a $6 million federal court fraud judgment against a chain of chi-ropractic clinics. Allstate Insurance Co. v. Receivable Finance Co., 501 F.3d 398 (5th Cir. 2007). Joining the client’s legal team after an adverse verdict as lead appellate counsel on the key fraud and damage issues, Mr. Jung persuaded the Fifth Circuit that there was no evidence that the plaintiffs actually relied on any allegedly fraudulent statements, and no evidence of the amount of damages the plaintiffs incurred as a result of such reliance.
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 technol-ogy 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 Mr. Jung:
- Roland v. Green (5th Cir., Feb. 7, 2012)
- Hernandez v. Thaler (5th Cir., June 4, 2009)
- City of Grapevine v. Sipes (Supreme Court of Texas, Feb. 15, 2006)
- Ortlieb v. United Healthcare Insurance Co. (8th Cir., Aug. 26, 2004)
- Nissan Motor Co. v. Armstrong (Supreme Court of Texas, Mar. 3, 2004)
- Dallas County Community College District v. Bolton (Supreme Court of Texas, Jan. 7, 2004)
- Northbrook National Insurance Co. v. Brewer (Supreme Court of the United States, Oct. 4, 1989)
Click to view selected appellate briefs authored by Mr. Jung:
Appellate, civil procedure, evidence, land use, and tort law presentations for State Bar of Texas (1985, 1989, 1992, 1994, 1997-2002, 2006, 2010); CLE International (2010); 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); Texas Civil Justice League (1998); University of Texas School of Law (1994-96, 2004, 2008); SMU School of Law (1995); University of Houston Law Foundation (1994); American Academy of Appellate Lawyers (2009); Federal Bar Association (1987-93); Dallas Bar Association (1990); Continuing Education Services (1987-88); Baylor University Law School (1988); Texas Motor Transport Association (1987).
Special Problems in Eminent Domain Appeals, CLE International, Eminent Domain Institute (2010). Click here
to access the paper in Adobe PDF.
The Top Ten Traps for Trial Lawyers on Appeal, State Bar of Texas Advanced Personal Injury Course (2010). Click here
to access the paper in Adobe PDF.
Effective Appellate Advocacy – The Appellant's Viewpoint, Collin County Bar Association Appellate Section (2007). Click here
to access the paper in Adobe PDF.
Appellate Relief, State Bar of Texas Annual Advanced Civil Appellate Course (2006). Click here
to access the paper in Adobe PDF.
Settlement Pending Appeal, Dallas/Tarrant County Bar Association Joint Appellate Seminar (2003). Click here
to access the outline in Adobe PDF.