David W. Dodge represents clients throughout the United States in a variety of commercial litigation, arbitration and appellate matters, including insurance coverage and bad faith actions, as well as business and consumer cases involving allegations of fraud, negligent misrepresentation, breach of contract, breach of fiduciary duty, breach of warranty, and violation of consumer protection, securities regulation, and other statutes.  Mr. Dodge’s clients include franchisees, title insurance companies, mutual funds, telecommunications companies, automobile leasing and finance companies, tire and equipment manufacturers, trucking companies, construction companies, lenders, financial planners, and professional employer organizations, among others.

Prior to joining Glast, Phillips & Murray, Mr. Dodge was a partner at McCathern, PLLC (2009-2015), and practiced law with Dodge & Associates, P.C. (1997-2008).  At both firms, Mr. Dodge represented nonsubscribing employers in workplace injury negligence cases, drafted programmatic and individually-tailored ERISA-governed workplace injury benefit plans, and served as counsel in numerous commercial class action cases.  While a partner at McCathern, Mr. Dodge was also the head of that firm’s Appellate Section.  Mr. Dodge continues to practice in these areas as well.

 

- PRACTICES

Appellate Law

Business Law

ERISA/Employee Benefits and Executive Compensation

Litigation

 

- REPRESENTATIVE ENGAGEMENTS

Represented Jerral “Jerry” Wayne Jones and Dallas Cowboys-related entities in litigation arising from seating issues at Super Bowl XLV, played in February 2011 at AT&T Stadium in Arlington, Texas.  See Pollock v. National Football League, 553 Fed. Appx. 270 (3d Cir., Feb. 10, 2014) (unpublished); Simms v. Jones, 879 F.Supp.2d 595 (N.D. Tex. 2012); Greco v. Jones, --- F.Supp.2d ----, 3:13–CV–1005–M, 2014 WL 3855322 (N.D. Tex., Aug. 6, 2014).

In In re Dauajare-Johnson, No. 14–14–00256–CV, 2014 WL 3401094 (Tex. App.—Houston [14 Dist.], July 10, 2014) (original proceeding), Mr. Dodge obtained reversal of trial court order denying a Mexican tire company executive’s Motion to Dismiss on forum non conveniens grounds in favor of jurisdiction over case in Mexico, and successfully defended the plaintiff’s further appeal to Texas Supreme Court.

In Mendez v. Submar, Inc., No. H–12–3208, 2013 WL 4787776 (S.D. Tex., Sept. 9, 2013), Mr. Dodge obtained dismissal of conspiracy, malicious prosecution, intentional infliction of emotional distress, and tortious interference with contract claims brought against Submar by Susman Godfrey, L.L.P., on behalf of a Mexican competitor and its owners.

In Whisenhunt v. Lippincott, 416 S.W.3d 689 (Tex. App.—Texarkana 2013, pet. filed), Mr. Dodge obtained reversal of the trial court’s dismissal of his client’s tortious interference with existing and prospective business relations claims and a first-of-its-kind holding that the Texas Citizen Participation Act—Texas’s anti-SLAPP statute—is inapplicable to purely private speech.

In Pilot Travel Centers, LLC v. McCray, 416 S.W.3d 168 (Tex. App.—Dallas 2013, no pet.), Mr. Dodge successfully persuaded the Dallas Court of Appeals to vacate its prior dismissal for lack of appellate jurisdiction, resulting in a reversal of the trial court’s order denying Pilot’s motion to compel arbitration of nonsubscriber negligence and wrongful death claims.

Represented Great American Insurance Company’s Strategic Comp. Division in connection with drafting insurance product for use in connection with insuring employer risk under the Oklahoma Employee Injury Benefits Act (a/k/a the “Oklahoma Option”).

Served as special disciplinary counsel on International Rugby Board laws to Scottish National Rugby Team during their June 7, 2014 international test match against the USA Eagles in Houston, Texas.

 

- EDUCATION

University of Florida (B.S. 1993)

Mercer University, Walter F. George School of Law (J.D. cum laude, 1997)

 

- AFFILIATIONS

State Bar of Texas

Dallas Rugby Football Club, Inc. (President 2013-14, Treasurer 2011-12 & 2012-13)

Dallas Rugby Foundation, Inc. (Board Member)

Dallas Gator Club

DFW Phi Kappa Tau Alumni Association