David C. Myers
David Myers is a trial attorney with over 35 years of experience handling cases in a wide range of practice areas and industries. His sound judgment and substantive knowledge has produced a consistent record of successes for his clients. David’s commitment to client service remains constant, enabling him to understand his clients’ concerns and develop solutions that accomplish their goals and objectives.
Indicative of his intense client focus, David was named to the 2013 and 2015 BTI Client Service All-Star Team, an elite group of attorneys identified by their clients as providing the absolute best in client service.
David previously served as the leader of the Firm’s Dallas Litigation Practice Group.
David’s approach to litigation emphasizes thorough preparation, responsiveness, and dedication to achieving the client’s business objectives. By preparing every case as if it were going to trial, David is often able to obtain a favorable pre-trial resolution.
B.S., Louisiana State University
J.D., LSU Paul M. Hebert Law Center
United States Supreme Court
United States Court of Appeals for the Fifth Circuit
United States District Court for the Northern, Southern, Eastern, and Western Districts of Texas
David has also handled numerous appeals. As appellate counsel, he has either authored briefs or appeared before the U. S. Supreme Court, the Fifth Circuit Court of Appeals and virtually every Texas appellate court.
- BH DFW, Inc. v. Better Business Bureau of Metropolitan Dallas, Inc., 402 S.W.3d 299 (Tex. App.—Dallas 2013, pet. denied) (briefed and argued) – reversing trial court order denying motion to dismiss, rendering judgment in favor of client and remanding for an award of attorneys’ fees to client.
- Lloyd Ward & Associates, PC and Lloyd E. Ward v. The Better Business Bureau of Metropolitan Dallas, Inc., 401 S.W.3d 440 (Tex. App.—Dallas 2013, pet. denied) (briefed and argued) – reversing trial court order denying motion to dismiss, rendering judgment in favor of client and remanding for an award of attorneys’ fees to client.
- Ron Simmons, et al v. Quixtar Inc., 315 S.W.2d 28 (2010) (per curriam) (briefed) – reversing the court of appeals judgment and reinstating trial court’s dismissal of lawsuit against client based on forum non-conveniens.
- Hair Club for Men, LLC v. York, et al, 01-09-00024 (Tex.App.—Houston 2009, no pet.) (briefed) – affirming trial court’s order granting a temporary injunction in favor of client enforcing non-solicitation and non-disclosure covenants and enjoining former employees from using customer lists.
- Linbeck Const. Corp. v. City of Grand Prairie, 293 S.W.3d 896 (Tex. App.—Dallas 2009, pet. denied) (briefed and argued) – affirming trial court’s grant of plea to the jurisdiction in favor of client based on governmental immunity.
- Kelly v. LIN Television of Texas, L.P., 27 S.W.3d 564 (Tex. App.—Eastland 2000, pet. denied) (briefed and argued) – affirming grant of summary judgment in favor of client, owners and former owners of television tower in wrongful death case.
- Hailey v. KTBS, Inc., et al, 935 S.W.2d 573 (Tex. App.—Texarkana 1996, no writ) (briefed and argued) – affirming grant of summary judgment in favor of national publication in a libel case.
- Patterson v. P.H.P. Healthcare, Inc., 90 F.3d 927 (5th 1996), cert. denied, 519 U.S. 1091 (1997) (brief and argued) – reversing in part federal district court decision against client after bench trial in race discrimination case.
- Carillo v. Fruehauf Trailer Corp., 848 S.W.2d 83 (Tex. 1993) (briefed and argued) – affirming no liability jury verdict in favor of client trailer manufacturer in wrongful death case.
Additional Representative Matters
- Obtained summary judgment on behalf of a transportation broker dismissing a multimillion-dollar fraud and negligent misrepresentation lawsuit arising from the theft of interstate shipments of property.
- Obtained dismissal of lawsuit brought by independent contractors against a large multinational company based on forum non conveniens.
- Obtained dismissal of multiple defamation suits under the Texas anti-SLAPP statute.
- Obtained dismissal of lawsuit against a municipality seeking to enforce multimillion-dollar mechanic’s lien and inverse condemnation claims.
- Represented a cooperative organization in a lawsuit alleging shareholder oppression and business torts. Case settled favorably for client.
- Obtained summary judgment dismissing libel and business disparagement claims arising from the online publication of an online business review questioning whether Plaintiff’s business was a pyramid scheme.
- Obtained take-nothing summary judgment in favor of defendant property owners in wrongful death case arising out of collapse of 1,500-foot television tower.
- Obtained temporary injunction preventing client’s former employees from using trade secrets in a competing business. Upheld on appeal.
- Defeated class certification and obtained take-nothing summary judgment against property owners alleging environmental damages arising out of pipeline rupture.
- Defeated class certification and obtained summary judgment dismissing breach of contract claims by season-ticket holders in connection with Major League Baseball players strike.
David’s extensive experience includes cases involving:
- Contractual Disputes
- Business Torts
- Non-Compete and Trade Secrets
- Wrongful death