Attorney P. Michael Jung's Legal Cases

Appeals

Dallas County Community College District v. Clear Channel Outdoor, Inc.

Oct 23, 2009

OUTCOME: Adverse summary judgment reversed & rendered

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., 2008 WL 3307085. 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.

Appeals

Hisaw & Associates General Contractors, Inc. v. Huffman

Jul 29, 2009

OUTCOME: Adverse judgment reversed & case remanded

Reversal of an adverse judgment following a bench trial in a legal malpractice case brought by Mr. Jung's client. The Court of Appeals held that the defendant had properly preserved its right to findi ... ngs of fact and conclusions of law, and that the trial court's failure to file such findings and conclusions was reversible error.

Appeals

State of Texas v. Harrell Ranch, Ltd.

Nov 21, 2008

OUTCOME: $6 million eminent domain judgment affirmed

Affirmance of a $6 million judgment in an eminent domain case involving a Travis County ranch with special certifications for organic non-hormonal cattle production. State of Texas v. Harrell Ranch, L ... td., 268 S.W.3d 247 (Tex. App. – Austin 2008, no pet.). Joining the client’s legal team after a favorable jury 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.

Appeals

Plano Surgery Center, Inc. v. New You Weight Management Centers, Inc.

Oct 28, 2008

OUTCOME: Partial reversal of judgment on jury verdict

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 Weigh ... t Management Center, 265 S.W.3d 496 (Tex. App. - Dallas 2008, no pet.). Although the Court of Appeals upheld the marketing agreement, it reversed approximately 60% of the judgment against our client, holding that alleged negligent misrepresentations were in fact oral promises not actionable in tort. Mr. Jung worked with the client's trial counsel to prepare the briefs and argued the case on appeal.

Appeals

ORIX Capital Markets, L.L.C. v. Washington Mutual Bank

Aug 27, 2008

OUTCOME: Adverse summary judgment reversed & rendered

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.

Appeals

Methodist Hospitals v. Amerigroup Texas, Inc.

Mar 28, 2008

OUTCOME: Favorable summary judgment affirmed

Affirmance of a summary judgment for the defendant in a suit by a health care provider seeking policy benefits from a managed care company. The Court of Appeals held that the patient's retroactive enr ... ollment in a federal benefit program had the effect of retroactively disenrolling the patient from the defendant's group coverage.

Appeals

City of Brownsville v. Golden Spread Electric Cooperative, Inc.

Dec 15, 2006

OUTCOME: Adverse summary judgment reversed & rendered

Reversal of a judgment holding that our client had not properly exercised a right of first refusal for an undivided interest, valued at $42.75 million, in a West Texas power plant. City of Brownsville ... v. Golden Spread Electric Cooperative, Inc., 192 S.W.3d 876 (Tex. App. -- Dallas 2006, pet. denied). Joining the client's team shortly before the trial court judgment, Mr. Jung ultimately persuaded the appellate court that an allegedly invalid indemnity clause in our client's purchase contract was severable and did not invalidate the exercise of the right of first refusal.

Appeals

City of Grapevine v. Sipes

Jun 16, 2006

OUTCOME: Favorable summary judgment reinstated

Reinstatement by the Supreme Court of a summary judgment in favor of a North Texas municipality in a Tort Claims Act case. City of Grapevine v. Sipes, 195 S.W.3d 689 (Tex. 2006). The Court held that th ... e delayed installation of a traffic signal at a dangerous intersection did not fall with a statutory exception for the "absence, condition, or malfunction" of a traffic control device. Mr. Jung argued the case in the Supreme Court.

Appeals

In re Quintanilla

Mar 24, 2006

OUTCOME: Writ of mandamus conditionally granted

Mandamus relief requiring the Garland City Council to call a 2006 general municipal election. In re Quintanilla, 2006 Tex. App. LEXIS 2281, No. 05-06-00297-CV (Tex. App. -- Dallas Mar. 24, 2006, orig. ... proceeding) (mem. op.). Representing a group of candidates (taking the lead on behalf of a broader group of Garland citizens), Mr. Jung persuaded the appellate court that a 2004 amendment to the Garland City Charter, shortening term lengths to two years, applied to the seats filled in the 2004 election.

Appeals

Dallas County Community College District v. Bolton

Feb 24, 2006

OUTCOME: Adverse judgment reversed & rendered

Complete reversal of a $15 million judgment against the Dallas County Community College District in a class action alleging the charging of unlawful student fees. Bolton v. Dallas County Community Coll ... ege District, 185 S.W.3d 868 (Tex. 2005). Acting as part of the defense team from the inception of the case through an adverse trial court judgment and a largely adverse Court of Appeals decision, the firm's appellate lawyers obtained a Supreme Court ruling that one of the two challenged fees was lawful and that the other had been voluntarily paid by students and could not be recouped.

P. Michael Jung's Legal Cases (14)

Dallas County Community College District v. Clear Channel Outdoor, Inc.

Hisaw & Associates General Contractors, Inc. v. Huffman

State of Texas v. Harrell Ranch, Ltd.

Plano Surgery Center, Inc. v. New You Weight Management Centers, Inc.

ORIX Capital Markets, L.L.C. v. Washington Mutual Bank

Methodist Hospitals v. Amerigroup Texas, Inc.

City of Brownsville v. Golden Spread Electric Cooperative, Inc.

City of Grapevine v. Sipes

In re Quintanilla

Dallas County Community College District v. Bolton