David JohnsonFIancial Services Lawyer Winstead Ft. Worth

David Fowler Johnson

Managing Shareholder - Fort Worth

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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.

More Legal and Business Bylines From David Fowler Johnson

Court Holds That Mental Competence Claims Regarding the Execution of Documents Containing Arbitration Clauses Should Be Determined in Arbitration - (Posted On Thursday, January 16, 2025)
Court Holds That Contingent Remainder Beneficiary Has Standing To Sue Trustee For Breach Of Fiduciary Duty - (Posted On Thursday, January 16, 2025)
Court Held Order Requiring an Executor to Make a Partial Distribution Was Not an Appealable Order - (Posted On Tuesday, December 31, 2024)
A Court Affirmed a Construction of a Will Regarding the Devise of Real Property - (Posted On Tuesday, December 31, 2024)
Court Affirmed An Order Requiring An Executor And Trustee To Produce Over Twenty Years Of Documents - (Posted On Monday, December 16, 2024)
Court Held That A Trustee Made An Appearance In A Case And Was Bound By The Judgment - (Posted On Monday, December 16, 2024)
Court Had Jurisdiction to Determine Claims Involving Non-Probate Assets - (Posted On Friday, November 29, 2024)
Court Reversed A Summary Judgment On Whether A Power Of Attorney Agent For A Settlor Had The Authority To Change The Designation Of A Successor Trustees In A Trust Document - (Posted On Thursday, October 10, 2024)
Court Affirmed Order Reinstating Receivership While Case Was On Appeal - (Posted On Wednesday, October 02, 2024)
Court Affirmed A Judgment For An Estate Because The Personal Represented Participated In The Case - (Posted On Wednesday, September 18, 2024)

Estates and Trusts

Texas Elder Financial Abuse Law

The National Law Review names David Fowler Johnson of Winstead PC a Go-To Thought Leader in the field of estates and trusts. Mr. Johnson authored the 2022 article “Texas Passes A New Law To Punish Elder Financial Abuse,” detailing at-length the Texas Legislature’s new criminalization of financial abuse of the elderly, which saw significant increases in 2021 and 2022. The article reached a considerable audience this year, and demonstrates the very high quality of Mr. Johnson’s thought leadership.

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.