P. Michael Jung
901 Main Street, Suite 4400
Dallas, Texas 75202
Appellate, Governmental, Infrastructure & Land Use, Real Estate
P. Michael Jung serves as Chair of 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.
- Admitted, Texas; U.S. District Courts – Northern, Southern, Eastern, and Western Districts of Texas
- Admitted, U.S. Courts of Appeals - Third, Fifth, Sixth, Eighth, Ninth, Tenth and Eleventh Circuits
- Admitted, U.S. Supreme Court
- 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 (1992-2014); Dallas City Plan and Zoning Commission (1987-1989, 1991); Dallas Zoning Ordinance Committee (1985-2005); forwardDallas! Comprehensive Plan Advisory Committee (2004-2006); Dallas Charter Review Commission (2002-03); Dallas Ethics Review Task Force (1999)
- Law Clerk to Hon. Patrick E. Higginbotham, United States District Court for the Northern District of Texas (1979-80)
- Computer simulation for Space Shuttle reentry guidance system, Charles Stark Draper Laboratory, Inc. (1975-76)
- Harvard Law School, J.D., 1979, magna cum laude
- Massachusetts Institute of Technology, S.B. degrees, (Mathematics; Earth and Planetary Sciences) 1975
Michael Jung has over 33 years’ experience in appellate and law-intensive trial court litigation in state and federal courts. He has argued more than 190 cases on appeal, including 22 cases in the Supreme Court of Texas, 75 cases in the Dallas Court of Appeals, and 32 cases in the U.S. Fifth Circuit Court of Appeals, and has handled over 440 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 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
- 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, Mr. Jung 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, ___ U.S. ___, 134 S. Ct. 1058 (2014). 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. Working with an outside Supreme Court specialist, Mr. Jung 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, Mr. Jung 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.
- 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 after 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 objective 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.
- Reversal of a $6 million federal court fraud judgment against a chain of chiropractic 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 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 Mr. Jung:
- 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)
- 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:
- 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)
- In re Brookshire Grocery Co. (Supreme Court of Texas 2005)
- 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);
- 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);
- Texas Civil Justice League (1998);
- SMU School of Law (1995);
- University of Houston Law Foundation (1994);
- Federal Bar Association (1987-93);
- Dallas Bar Association (1990);
- Continuing Education Services (1987-88);
- Baylor University Law School (1988); and
- 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.
Current service on the Boards of Directors for the
- Texas Land Conservancy, President;
- White Rock Neighborhood Association, President;
- White Rock Lake Task Force, Chairman;
- Texas Creative Problem Solving Organization;
- White Rock Lake Museum, Secretary; and
- White Rock Lake Task Force.
Former service on the boards of
- Texas Neighborhoods Together;
- the Dallas Homeowners League;
- the Friends of Fair Park; and
- King of Glory Lutheran Church
- Named among Best Lawyers in America by Best Lawyers, 2007-2014 (most recently in Administrative/Regulatory Law, Appellate Practice, “Bet-the-Company Litigation,” and Commercial Litigation)
- Named among Best Lawyers in Dallas by Best Lawyers and published in D Magazine, 2001-2013
- Named among America’s Leading Lawyers for Business in Appellate by Chambers USA, 2006-2013
- Named Texas Super Lawyer by Thomson Reuters, 2003-2013 (top 100 in Texas), 2010-2012 (top 10 in Texas)
- Texas Association of Defense Counsel, President’s Award (1992, 1997)
Legal Administrative Assistant