David Fowler Johnson
Managing Shareholder - Fort Worth
David maintains an active trial and appellate practice and has consistently worked on financial institution litigation matters throughout his career. David is the primary author of the Texas Fiduciary Litigator blog, which reports on legal cases and issues impacting the fiduciary field in Texas.
David's financial institution experience includes (but is not limited to): breach of contract, foreclosure litigation, lender liability, receivership and injunction remedies upon default, non-recourse and other real estate lending, class action, RICO actions, usury, various tort causes of action, breach of fiduciary duty claims, and preference and other related claims raised by receivers.
David also has experience in estate and trust disputes including will contests, mental competency issues, undue influence, trust modification/clarification, breach of fiduciary duty and related claims, and accountings. David's recent trial experience includes:
- Representing a bank in federal class action suit where trust beneficiaries challenged whether the bank was the authorized trustee of over 220 trusts;
- Representing a bank in state court regarding claims that it mismanaged oil and gas assets;
- Representing a bank who filed suit in probate court to modify three trusts to remove a charitable beneficiary that had substantially changed operations;
- Represented an individual executor of an estate against claims raised by a beneficiary for breach of fiduciary duty and an accounting; and
- Represented an individual trustee against claims raised by a beneficiary for breach of fiduciary duty, mental competence of the settlor, and undue influence.
David is one of twenty attorneys in the state (of the 84,000 licensed) that has the triple Board Certification in Civil Trial Law, Civil Appellate and Personal Injury Trial Law by the Texas Board of Legal Specialization.
Additionally, David is a member of the Civil Trial Law Commission of the Texas Board of Legal Specialization. This commission writes and grades the exam for new applicants for civil trial law certification.
David maintains an active appellate practice, which includes:
- Appeals from final judgments after pre-trial orders such as summary judgments or after jury trials;
- Interlocutory appeals dealing with temporary injunctions, arbitration, special appearances, sealing the record, and receiverships;
- Original proceedings such as seeking and defending against mandamus relief; and
- Seeking emergency relief staying trial court's orders pending appeal or mandamus.
For example, David was the lead appellate lawyer in the Texas Supreme Court in In re Weekley Homes, LP, 295 S.W.3d 309 (Tex. 2009). The Court issued a ground-breaking opinion in favor of David’s client regarding the standards that a trial court should follow in ordering the production of computers in discovery.
David previously taught Appellate Advocacy at Texas Wesleyan University School of Law located in Fort Worth. David is licensed and has practiced in the U.S. Supreme Court; the Fifth, Seventh, and Eleventh Federal Circuits; the Federal District Courts for the Northern, Eastern, and Western Districts of Texas; the Texas Supreme Court and various Texas intermediate appellate courts. David also served as an adjunct professor at Baylor University Law School, where he taught products liability and portions of health law. He has authored many legal articles and spoken at numerous legal education courses on both trial and appellate issues. His articles have been cited as authority by the Texas Supreme Court (twice) and the Texas Courts of Appeals located in Waco, Texarkana, Beaumont, Tyler and Houston (Fourteenth District), and a federal district court in Pennsylvania. David's articles also have been cited by McDonald and Carlson in their Texas Civil Practice treatise, William v. Dorsaneo in the Texas Litigation Guide, and various authors in the Baylor Law Review, St. Mary's Law Journal, South Texas Law Review and Tennessee Law Review.
- Civil Litigation and Appellate Law
- Chase Manhattan Bank & Bank One, N.A. v. Bowles, 52 S.W.3d 871 (Tex. App.--Waco 2001, no pet.)
- Texas Department of Transportation v. Beckner, 74 S.W.3d 98 (Tex. App.--Waco 2002, no. pet. h.)
- Freeman v. Pevehouse, 79 S.W.3d 637 (Tex. App.--Waco 2002, no pet. h.)
- Allen v. Albin, 97 S.W.3d 655 (Tex. App. - Waco 2002, no pet.)
- CRA Systems v. Focus Enhancements, No. 01-50133, 2002 U.S. App. LEXIS 2119 (5th Cir. 2002)
- Rittenmeyer v. Grauer, 104 S.W.3d 725 (Tex. App.-Dallas 2003, no pet.)
- Stroud Oil Prop. Inc. v. Henderson, No. 02-03-003-CV, 2003 Tex. App. LEXIS 5218 (Tex. App.-Fort Worth June 19, 2003, pet. denied)
- Swepi, L.P v. Camden Res. Inc., 139 S.W.3d 332 (Tex. App.-San Antonio 2004, pet. filed)
- Gililland v. Taylor Investments, No. 11-03-00175-CV, 2004 Tex. App. LEXIS 8521 (Tex. App. Eastland September 23, 2004, orig. proc.)
- Smith, et. al. v. Carter & Burgess, Inc., No. 2-03-313-CV, 2005 Tex. App. LEXIS 1140 (Tex. App.-Fort Worth February 10, 2005, no pet. h.)
- Sanders v. The Home Depot USA, Inc., No. 2-04-196-CV, 2005 Tex. App. LEXIS 3651 (Tex. App.-Fort Worth May 12, 2005, no pet. h.)
- Thompson v. Houk, No. 12-04-00315-CV, 2005 Tex. App. LEXIS 6875 (Tex. App. -- Tyler August 24, 2005, no pet.
- Envt'l Conservation Org. v. Bagwell, No. 4:03-CV-807-Y, 2005 U.S. Dist. LEXIS 22027 (N. D. Tex. September 30, 2005).
- Municipal Electric Authority of Ga. v. Gold-Arrow Farms, Inc., 276 Ga. App. 862, 625 S.E.2d 57 (Ga. Ct. App. 2005, cert. denied)
- Glover v. Union Pacific Railroad Company, 187 S.W.3d 201 (Tex. App.-Texarkana February 17, 2006, pet. denied
- Sadeghian v. Harvey, No. 02-05-294-CV, 2006 Tex. App. LEXIS 4552 (Tex. App. - Fort Worth May 25, 2006, pet. denied)
- World Access Telecommunications Group, Inc. v. Statewide Calling, Inc., No. 03-05-00173-CV, 2006 Tex. App. LEXIS 9061 (Tex. App. - Austin October 17, 2006, no pet.)
- Scruggs Management Services, Inc. v. Lloyd Hanson, et. al., No. 02-05-413-CV, 2006 Tex. App. LEXIS 10272 (Tex. App. - Fort Worth November 30, 2006, pet. filed)
- Ravin Sharma, Asvin Dingra, Amit Bansal, James Rew, Chemtrade Solutions, Inc., Yang Woo Chemical America, Inc., and J&J Chemtrading v. Vinmar International Ltd., Cause No. 14-05-01088, 2007 WL 177691 (Tex. App. -- Houston [14th Dist.] January 25, 2007)
- In re Spiritas Ranch Enterprises, LLP, 281 S.W.3d 887 (Tex. App. -- Fort Worth February 22, 2007, orig. proc.
- Federal Insurance Co. v. Everest Insurance Co., No. 05-06-1144-CV, 2008 Tex. App. LEXIS 2674 (Tex. App.—Dallas April 25, 2006, no pet. h.).
- In re Stonebridge Life Ins. Co., No. 03-08-00124-CV, 2008 Tex. App. LEXIS 3036 (Tex. App.—Austin March 21, 2008, original proceeding)
- Wang v. Prudential Financial Corp., et al., No. 07-10534, 2008 U.S. App. LEXIS 4253 (5th Cir. February 26, 2008)
- Design Electric v. Cadence McShane Corp., No. 14-06-00703-CV, 2007 Tex. App. LEXIS 8586 (Tex. App.—Houston [14th Dist.] October 30, 2007, no pet. h.)
- In re Patriot Oil & Gas, LLC, No. 05-07-00889-CV, 2007 Tex. App. LEXIS 7518 (Tex. App.—Dallas September 17, 2007, orig. proceeding)
- Lexington Ins. Co. v. Strayhorn, 209 S.W.3d 83 (Tex. 2006) (amicus brief)
- Citizens Bank of Tex. v. Wells Fargo Bank, N.A., 05-1097, 2006 Tex. LEXIS 1243 (Tex. December 1, 2006) Tarrant Regional Water Dist. v. Gragg, 43 S.W.3d 609 (Tex. App.—Waco 2001), aff’d, 151 S.W.3d 546 (Tex. 2004) (amicus brief).