David Fowler Johnson

David Johnson Financial Institution lLtigation Winstead Law Firm Fort Worth Texas

David Fowler Johnson
Winstead
Managing Shareholder - Fort Worth
817.420.8223
Website
winstead.com
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Professional Biography:

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

Business Divorce: Court Affirms Jury Finding That A Manager Did Not Breach Her Fiduciary Duties (Posted On Thursday, July 29, 2021)
Wife’s Fraudulent Transfer Claim Against Husband For Transferring Business Interests To Trust Failed Due To The Statute Of Repose (Posted On Wednesday, June 30, 2021)
Court Holds That An Executor May Breach Duties In Making A Non-Pro Rata Distribution Of Assets (Posted On Tuesday, June 29, 2021)
Business Divorce: Exiting Member of LLC May Still Owe Fiduciary Duties (Posted On Wednesday, June 16, 2021)
Court Upheld A Release In A Family Settlement Agreement That Protected A Former Trustee’s Estate From Claims (Posted On Wednesday, June 16, 2021)
Court Reversed Temporary Injunction Against Co-Trustees (Posted On Wednesday, June 9, 2021)
Texas Supreme Court Holds That A Beneficiary May Not Accept Any Benefit From A Will And Then Later Challenging The Will (Posted On Friday, May 28, 2021)
Texas Legislature Extends The Rule Against Perpetuities To 300 Years For Trusts (Posted On Thursday, May 27, 2021)
Co-Trustees Who Managed A Texas Trust With A Texas Beneficiary Had Sufficient Contacts With Texas To Be Subject To A Texas Court’s Personal Jurisdiction (Posted On Monday, May 17, 2021)
Court Properly Admitted A Will To Probate Where The Evidence Did Not Establish Mental Incompetence Or Undue Influence As A Matter Of Law (Posted On Monday, May 10, 2021)
Business Divorce: Partnership Agreement Was Invalid Where It Was Entered Into Between A Fiduciary And Principal And Was Otherwise Unfair And The Principal Did Not Owe Fiduciary Duties As A Partner Where There Was No Enforceable Partnership (Posted On Wednesday, April 28, 2021)
Administrator Of An Estate Has The Power To Seek The Partition Of Community Property (Posted On Monday, April 19, 2021)
Insurance Broker Does Not Ordinarily Owe Fiduciary Duties To A Client (Posted On Sunday, April 18, 2021)
Court Finds That Party Lacked Standing In A Probate Proceeding Where She Was Not An Informal Spouse (Posted On Sunday, April 11, 2021)
Business Divorce: Court Affirms Denial Of SLAPP Motion Regarding Partnership Divorce Suit (Posted On Sunday, April 11, 2021)
Courts Rule On Jurisdictional Issues Involving Probate Orders (Posted On Monday, March 29, 2021)
Business Divorce: Court Held That Parties Did Not Form A Partnership Where Certain Express Conditions Precedent Were Not Met (Posted On Monday, March 29, 2021)
New Texas Bill Would Provide Release Relief To Trustees Who Deliver Adequate Accountings Without A Timely Objection By The Beneficiary (Posted On Tuesday, March 16, 2021)
Court Affirmed Trial Court’s Reformation Of A Will To Omit The Word “Personal” From The Term “Property” In A Residuary Clause (Posted On Sunday, March 14, 2021)
Business Divorce: Court Found That There Was A Fact Question On Whether Officers Violated Fiduciary Duties By Obtaining A Side Bonus From A Purchaser When Negotiating A Sale Of The Company’s Assets (Posted On Monday, March 8, 2021)

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Estate Law

Fiduciary Litigation

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.