David Fowler Johnson
- David Fowler Johnson
- Managing Shareholder - Fort Worth
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winstead.com
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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.
Articles in the National Law Review database by David Fowler Johnson
- Court Reversed Order Admitting a Will to Probate as a Muniment of Title Due to the Statute of Limitations (Posted On Saturday, August 6, 2022)
- Court Construed a Will to Provide That Mineral Interests Were Devised to the Surviving Daughter’s Family and to Cut Out a Predeceased Daughter’s Family (Posted On Saturday, August 6, 2022)
- Court Affirmed Summary Judgment For Bank On Non-Customer’s Aiding And Abetting Breach Of Fiduciary Duty Claim (Posted On Tuesday, June 28, 2022)
- Partner Had Capacity To Sue Other Partner For Breach Of Fiduciary Duty (Posted On Monday, June 27, 2022)
- Texas Supreme Court Holds That Parties May Not Be Entitled To Jury Trials For Trust Modification Proceedings And Remands For Constitutional Review (Posted On Tuesday, June 21, 2022)
- Texas Supreme Court Holds That A Director Of A Corporation Cannot Hold An Informal Fiduciary Duty To A Stockowner (Posted On Tuesday, June 21, 2022)
- Court Affirmed Admitting A Codicil To Probate As The Testator Had Mental Capacity And Was Not Unduly Influenced And Discussed Expert Testimony Issues (Posted On Tuesday, June 14, 2022)
- Court Affirmed Order Denying A Family Allowance (Posted On Tuesday, June 14, 2022)
- Suing Attorneys In Texas For Participating in Fiduciary Breaches (Posted On Sunday, June 5, 2022)
- Appellate Court Rules On Supersedeas Issues For Appeal Of Breach Of Fiduciary Duty Judgment (Posted On Tuesday, May 31, 2022)
- Court Holds That Initialing A Will Is Sufficient To Meet The Execution Requirement (Posted On Monday, May 23, 2022)
- Texas Passes A New Law To Punish Elder Financial Abuse (Posted On Monday, May 16, 2022)
- Texas Supreme Court Dismisses Claims By Co-Trustee And Beneficiary Due To Statute Of Limitations And Clarifies That An Unnamed Contingent Beneficiary Can Have Standing To Sue (Posted On Sunday, May 15, 2022)
- Financial Services Industry Group Webinar Series: Trust Issues In Divorce Proceedings (Posted On Tuesday, May 10, 2022)
- Court Holds That Engineer Does Not Owe Fiduciary Duties To A Non-Client (Posted On Friday, April 29, 2022)
- Appellate Court Affirmed Receivership Order Where Appellant Waived His Complaints By Not Securing Rulings And By Not Challenging All Potential Grounds Upon Which The Order Was Based (Posted On Friday, April 29, 2022)
- Court Affirms Orders Against A Trustee Granting Injunctive Relief And Appointing A Receiver (Posted On Friday, April 22, 2022)
- Court Reversed Order Appointing Temporary Administrator Due To A Lack Of A Bond (Posted On Friday, April 22, 2022)
- Court Held That A Beneficiary’s Claims Against The Estate Of The Trustee Was Not Barred By Limitations (Posted On Wednesday, April 13, 2022)
- Court Affirmed Admission Of Will To Probate Over Challenges To Testimony Based On Lack Of Medical Training By A Non-Medical Witness And From An Anesthesiologist (Posted On Tuesday, April 5, 2022)
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David Fowler Johnson is a National Law Review Go-To Thought Leader for his analysis of fiduciary law including trust administration, breach of fiduciary duties in estate administration, shareholder derivative suits, directors and officers liability, duties of co-trustees, receivership, and related topics. Mr. Johnson’s knowledge of the Texas Supreme Court and various Texas intermediate appellate courts as well as with the U.S. Supreme Court and other federal courts lends his thought leadership an authentic quality based on years of trial experience.