P. Michael Jung

Recent Appellate Experience

• Reversal of an interlocutory ruling involving a claim that an autopsy of a deceased child exceeded the scope of the parents’ informed consent. Tenet Hospitals Limited v. Balderrama, No. 08-23-00263-CV, ___ S.W.3d ___ (Tex. App.—El Paso Aug. 16, 2024, no pet. hist.).  Michael persuaded a Court of Appeals majority that the claim constituted a health care liability claim requiring an expert report, because it alleged a deviation from accepted standards of professional or administrative services directly related to health care.
• Reversal of a $3.1 million judgment against a Houston-area hospital arising from the death of an employee while crossing an adjacent public road. HNMC, Inc. v. Chan, 637 S.W.3d 919 (Tex. 2024).  Retained to handle the case in the Supreme Court of Texas following a 4-3 adverse ruling by the Court of Appeals, Michael successfully argued that the hospital owed no duty to prevent or warn against injury to pedestrians in the road.
• Partial reversal of a temporary injunction in a dispute between the principals of a veterinary clinic. Veterinary Specialists of North Texas, PLLC v. King, No. 05-21-00325-CV, 2022 WL 406095 (Tex. App.—Dallas Feb. 9, 2022, no pet.).  Retained to take the lead on appeal of the injunction, Michael persuaded the Court of Appeals to reverse the partis of the judgment requiring the clinic to pay money to the plaintiff during the pendency of the case in the trial court.
• 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.

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 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

Oral Arguments
Click to listen to selected oral arguments by Michael Jung:

• HNMC, Inc. v. Chan (Supreme Court of Texas, Sept. 14, 2023)
• 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)
• Northbrook National Insurance Co. v. Brewer (Supreme Court of the United States, Oct. 4, 1989)

Appellate Briefs
Click to view selected appellate briefs authored by Michael Jung:

• Tenet Hospitals Limited v. Balderrama (El Paso Court of Appeals 2023)
• HNMC, Inc. v. Chan (Supreme Court of Texas 2022)
• Concho Resources, Inc. v. Ellison (Supreme Court of Texas 2020)
• Texas Board of Chiropractic Examiners v. Texas Medical Ass’n (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)

• Charter Review Commission Proposes Increase Pay for City Council and Mayor, nbcdfw.com (Apr. 18, 2024)
• Charter Commission to Hear Park Restructuring Proposals, Dallas Express (Mar. 24, 2024)
• Dallas Takes Step Forward in Prohibiting Airbnbs, VRBO Short-Term Rentals, Dallas Morning News (Dec. 9, 2022)
• 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)
• Texas Justices Say Contract Is King In $535M Pipeline Fight, Law360 (Jan. 31, 2020)
• Mark Clayton Announces Picks for Plan Commissioner and Park Board, Lakewood Advocate (July 2015)