John has assisted clients in all phases of the dispute-resolution process, including pretrial and trial, post-judgment remedies, and appeals. He also has experience advising clients in pre-litigation matters and assisting with government investigations, enforcement matters, and regulatory compliance issues. John regularly cross-examines key fact and expert witnesses in disputes across the country. He also has extensive experience drafting and arguing pretrial motions, and has prevailed in numerous case-dispositive motions in state and federal courts. John has extensive experience managing litigation teams in complex multidistrict litigation dockets.
His clients range from multinational and Fortune 500 companies to regional businesses and individuals.
Products Liability Litigation
Representation of a major pharmaceutical company in multidistrict litigation and individual lawsuits concerning prescription opioids. John worked closely with lead liaison counsel to help orchestrate key defense strategy and served as a principal architect for various key bellwether procedures on behalf of major industry groups in one of the most complex mass-tort proceedings in history. The plaintiffs included government entities, quasi-governmental entities, and individuals, involving numerous tort and statutory theories and alleged damages in the tens of billions of dollars. In addition to taking a leading role in briefing on dispositive and discovery issues, John deposed numerous key fact witnesses in bellwether proceedings that ultimately resulted in a favorable settlement for his multinational client.
Repeated representation of major medical device company in hundreds of federal multidistrict litigation and individual federal and state courts involving pelvic mesh products
Repeated representation of major medical device company as trial counsel in numerous bellwether proceedings before federal and state multidistrict litigations involving hernia mesh products
John has provided on-site trial support to lead trial counsel in medical device jury trials, which has included preparing defense experts, preparing witness outlines, arguing case-specific and company witness deposition designations, and arguing motions in limine against lead Plaintiffs’ counsel.
Dunfee v. Johnson & Johnson, et al. – Philadelphia Court of Common Pleas, Pelvic Mesh Litigation, 2019. John served on the trial team in a four-week jury trial in which the jury awarded only compensatory damages. At the time, the Dunfee trial resulted in the lowest plaintiff jury verdict in the Philadelphia pelvic mesh litigation.
Government Entity Litigation
Representation of major pharmaceutical manufacturing company in government investigations and litigation involving alleged violations of the Texas Deceptive Trade Practices Act and Texas Medicaid Fraud Prevent Act brought by the Texas Attorney General’s office
Representation of major financial institution in state and federal government investigation proceedings related to numerous consumer protection statutes
Represented a government entity in a contract dispute concerning property development rights
Oil and Gas, Natural Resources, and Energy Litigation
Represented oil and gas operator as plaintiff in contract dispute over wastewater disposal agreement
Represented independent oil and gas operator in business divorce and multiple breach of contract disputes across various jurisdictions
Represent lessees in multi-district litigation concerning royalty and other lease disputes
Represented major oil and gas company in multi-million-dollar title-defect arbitration, obtaining a favorable final arbitration award
Repeated representation of operators and lessees in suits alleging trespass, nuisance, breach of contract claim, and other claims
Business Litigation
Repeated representation of business entities and executives in litigation and arbitration disputes following mergers, acquisitions, and purchase and sale agreements. These disputes often involve breach of contract, fraud, and breach of warranty allegations following a major business transaction or other significant liquidity event.
Representation of numerous businesses as plaintiffs in misappropriation of trade secrets cases, including oilfield services, financial services, and telecommunications industries
Repeated representation of business owners across numerous business sectors, including telecommunications, construction, information technology, and oilfield services in partnership and membership/management disputes
Assisted with putative class action against electronic filing and service provider regarding antitrust claims and breaches of various consumer-protection statutes
Represented inventor and patent-holder in breach of pharmaceutical patent licensing agreement
Represented franchisor and business owner in business divorce involving ownership of several franchises and territory rights
Represented individuals and businesses in post-judgment remedies, including obtaining turnover and charging orders
Co-lead plaintiff lawyer in jury trial concerning property damage
Real Property Disputes
Trial counsel for the owner and tenant of a historical building in downtown Austin that was damaged by a fire that erupted next door due to neighboring landowners neglect and failure to secure and maintain their property. The jury found the neighboring landowner committed negligence, trespass, and other claims, and SDM’s client secured a comprehensive victory following trial in Travis County District Court.
Obtained complete defense verdict after a two-week jury trial in Travis County state court, in a dispute involving the purchase of commercial real property in downtown Austin. The plaintiff was seeking more than $100 million in damages, and the jury returned a take nothing verdict in favor of the firm’s developer clients.
Represented a real estate development company in litigation concerning the entitlement process
Represented real estate investment and development firm relating to its real estate assets and dispute concerning fraud and construction defect allegations following the sale of a major multifamily complex
Represented family partnership in probate dispute concerning claims of fraud and theft of property surrounding title to multiple real estate holdings
Represented landowner in encroachment dispute with neighboring landowner
Repeated representation of commercial and residential landowners and lienholders in a variety of title disputes
Consumer Finance and Financial Services Litigation
Representation of leading student loan provider in alleged TCPA violations
Repeated representation of lenders and mortgage servicing companies in disputes challenging the securitization process, home-equity lending, and foreclosure practices
Extensive experience representing national banks, mortgage lenders, mortgage servicers, and investors in residential mortgage disputes involving alleged FDCPA, TILA, RESPA, FCRA, TDCA, and DTPA, violations, together with allegations of mortgage fraud, predatory lending, false credit reporting, improper collection, violations of various state and federal statutes, regulations, the home equity provisions of the Texas Constitution, and other lending and servicing errors
Assisted with putative class actions regarding home-equity lending and forbearance programs and collection and distribution of foreclosure fees and excess sale proceeds
Assisted with extensive internal investigation of mortgage lending practices and compliance with various state and federal laws for a leading financial institution
Legal Malpractice
Repeated representation of regional and international law firms in legal malpractice disputes
Selected Reported Cases
Rojas v. Wells Fargo Bank, N.A., No. 571 F. App’x 274 (5th Cir. June 6, 2014) (unpublished op.) (affirming motion to dismiss)
Klein v. Wells Fargo Bank, N.A., A-14-CA-861-SS, 2014 WL 5685113 (W.D. Tex. Nov. 4, 2014), aff’d 613 F. App’x 428 (5th Cir. Aug. 20, 2015) (per curiam) (unpublished op.) (affirming motion to dismiss)
Trevarthan v. Nationstar Mortgage LLC, No. 03-15-00011-CV, 2016 WL 368533, at *1 (Tex. App.—Austin Jan. 29, 2016, no pet.) (affirming summary judgment)
Isaac v. Vendor Resource Management, Inc., No. 03-14-00529-CV, 2016 WL 3917133, at *1 (Tex. App.—Austin July 15, 2016, no. pet.) (affirming order granting summary judgment)
Schuetz v. Source One Mortgage Services Corp., No. 03-15-00522-CV, 2016 WL 4628048, at *1 (Tex. App.—Austin Sept. 1, 2016, no. pet.) (affirming summary judgment)
Farkas v. Wells Fargo Bank, N.A., No. 03-14-00716-CV, 2016 WL 7187476, at *1 (Tex. App.—Austin Dec. 8, 2016, no. pet.) (affirming summary judgment)
