Anne Johnson co-chairs the firm's Litigation section and is an experienced trial and appellate advocate. She regularly appears before Texas courts and the Fifth Circuit Court of Appeals, and has been Board Certified in Appellate Law by the Texas Board of Legal Specialization since 2001.
Ms. Johnson has successfully briefed and argued numerous appeals covering a broad spectrum of substantive and procedural topics. Her most recent victory, in July 2013, was persuading an appellate court to affirm a take-nothing summary judgment arising from a claimed oral agreement originally alleged to be worth $780 million. Ms. Johnson has recently been a part of a Haynes and Boone appellate team in the following cases:
- Representation of a transmission service provider in a multi-jurisdiction dispute with landowners, following proceedings before the Public Utility Commission of Texas (2012)
- Reversal of a federal district court’s interpretation of an ERISA-governed benefits plan by the Fifth Circuit (2012)
- Successful resolution of fraud and contract claims arising from the sale of supply chain software where, after filing of opening appellate briefs, opponent agreed to settle commercial dispute for almost $200 million less than its judgment (2011)
- Entry of judgment notwithstanding the verdict and rendition of a take-nothing judgment from jury verdict on discrimination, hostile work environment, and retaliation claims (2011)
In addition to her extensive appellate experience, Ms. Johnson is equally at ease on either side of the docket in the trial court. Collaborating with litigators both inside and outside the firm, Ms. Johnson routinely handles critical motions, hearings and other legal matters before trial courts, including summary judgment proceedings, the jury charge, error preservation, post-trial motions, and judgment formation. For example, Ms. Johnson has played a key role in a number of Haynes and Boone trial teams that have achieved the following victories:
- Dismissal of shareholder derivative suit in Dallas County Court (2013)
- Successful defense of breach of contract and fraud claims for global technology and specialty materials company in jury trial, and entry of a multi-million judgment for our client on counterclaims (2010)
- Findings of RICO violations, fraud and breaches of fiduciary duty following multi-week federal bench trial resulting in $13.6 million judgment for our client (2009)
- Successful resolution of products liability claims brought by the Brazos River Authority following four-week federal jury trial (2007)
Ms. Johnson has particular experience in arbitration-related litigation, including presenting argument to a panel of the Fifth Circuit in the landmark case setting new standards for vacatur of arbitration awards, Positive Software Solutions v. New Century Mortgage, et al. In 2012, Ms. Johnson and her partner, Mark Trachtenberg, persuaded a federal court to vacate all punitive damages awarded by an arbitration panel. Ms. Johnson also frequently writes and speaks frequently on arbitration-related litigation.
Ms. Johnson is also frequently consulted, and has written and spoken extensively, on judgment formation issues as a result of her involvement in Johnson & Higgins v. Kenneco, the seminal Texas Supreme Court case on prejudgment interest law.
Ms. Johnson is a frequent speaker and writer on appellate matters, including judgment formation, arbitration, interlocutory appeals, and jury charges. Her recent publications and speeches include:
- “Appellee Strategies in the Federal Courts of Appeal,” Strafford Webinar (2013)
- "Translating a Jury Verdict into a Judgment," State Bar of Texas Advanced Civil Appellate Practice Course (2012)
- "New Texas Statute Allows Permissive Interlocutory Appeals - Without Agreement of Parties," State Bar of Texas, State Bar Litigation Section, News for the Bar (2011)
- "Formation of Judgments," The University of Texas School of Law 2011 Conference on State and Federal Appeals (2011)
- "Arbitration Update" State Bar of Texas Advanced Civil Trial Course (2011)
- "Ethical Considerations in Appellate Practice," Dallas Bar Association Ethics Seminar (2010)
- "Iqbal: the Death of Notice Pleading in Federal Court?" moderated panel including The Honorable Patrick Higginbotham and The Honorable Royal Furgeson, University of Texas CLE, 20th Annual Conference on State and Federal Appeals (2010)
- "Nonsignatory Issues (Binding Non-Signatories to Arbitration Clauses, Jury Waivers, and Forum Selection Clauses)," State Bar of Texas 23rd Annual Advanced Civil Appellate Practice Course (2009)
- "How to Bust or Follow Through with Arbitration," State Bar of Texas Advanced Civil Trial Course (2008)
- "Strategies for Representing Appellees," The University of Texas School of Law 18th Annual Conference on State and Federal Appeals (2008)
- "Jury Charges: The Minefield Approach," Austin Bar Association (2008)
- "Arbitration – Still Speedy and Final?" Tarrant County Bar Association (2006)
- "Gauging Odds of Success on Appeal," State Bar of Texas Advanced Appellate Seminar (2006)
- "2003 Legislative Amendments to Prejudgment and Postjudgment Interest Law in Texas," 46 S. Tex. L. Rev. 1191 (2005)
- Board Certified in Civil Appellate Law by the Texas Board of Legal Specialization (2002-present)
- Named a "Texas Super Lawyer" in Civil Appellate Law by Texas Monthly (2003-2005, 2010-2013)
- Recognized in Best Lawyers for Appellate Law (2010-2014) and Commercial Litigation (2013-2014)
- Texas General Counsel Forum - DFW Chapter, Board Member (2009-present), Co-Chair, Programs Committee (2010), Co-Chair, Dedman Award and Dinner (2011)
- Attorneys Serving the Community, Committee Chair (2008-2011)
- State Bar of Texas Appellate Section, Council Member (2006-2009), Committee Chair (2002-2012)
- Fellow, Texas Bar Foundation (2006-present)
- Editor, ABA Women Advocate Newsletter (2001-2002)
- Associate, Patrick E. Higginbotham Inn of Court (2001)
- Dallas Bar Association Bar None Productions (1998-2000)
- Member, Dallas Bar Association Business Litigation and Appellate Sections, American Bar Association, Fifth Circuit Bar Association
Selected Representative Experience
General Capital Group Beteiligungsberatung, GMBH v. AT&T, Inc., No. 05-12-00446-CV, 2013 WL 3929972 (Tex. App.—Dallas July 31, 2013, no pet. h.)
Haynes and Boone represented AT&T against claims of breach of contract, fraud and quantum meruit brought by a German investment bank (GCG). GCG alleged that AT&T orally promised to pay GCG a 2 percent success fee (approximately $780 million) if A&T successfully acquired T-Mobile. The trial court granted summary judgment for AT&T on the pleadings, dismissing all of GCG’s claims. The Dallas Court of Appeals affirmed the take-nothing judgment in favor of AT&T.
Transocean Offshore Deepwater Drilling, Inc. v. Maersk Drilling USA, Inc. (Fed. Cir. 2013)
Submitted amicus curiae brief in Federal Circuit Court of Appeals on behalf of a leading offshore deepwater drilling company seeking clarification of the scope of infringement liability under Section 271(a) of the Patent Act.
Stephen Robert Herring and Michael Herring v. Eileen M. Campbell, As Plan Administrator of Marathon Oil Company Thrift Plan, No. 11-40953 (5th Cir. 2012).
Represented Marathon Oil Company in its appeal of the district court's decision that its plan administrator abused its discretion by defining the term "children" in an ERISA-governed plan to mean biological and legally-adopted children. A deceased plan participant's stepchildren, who had been denied the proceeds of his plan account by the plan administrator, argued that the plan administrator should have considered the state law doctrine of equitable adoption to determine that they were "children" and therefore entitled to the deceased's benefits. The Fifth Circuit issued an opinion reversing the district court's decision, finding that nothing in the plan or ERISA required the plan administrator to incorporate the doctrine of equitable adoption into the plan's definition of "children."
Kenneth Davey v. First Command Financial Services, Inc., No. 3:11-cv-01510-G (N.D. Tex. 2012)
Persuaded federal district court to vacate all punitive damages awarded by an arbitration panel on the grounds that the arbitrators exceeded their powers.
i2 Technologies, Inc. v. Dillards, Cause No. 05-10-01645-CV, 2011 WL 6250787 (Tex. App.—Dallas, Dec. 14, 2011, no pet.) (mem.op.)
After opening appellate briefs were filed, obtained a settlement of a commercial dispute in which the opposing party agreed to accept almost $200 million less than its judgment.
Southwestern Bell Telephone L.P. v. Edwards, No. 05-09-00606-CV, 2011 WL 3672288 (Tex. App.—Dallas Aug. 23, 2011, no pet.)
Persuaded the Dallas Court of Appeals to (1) reverse a jury verdict on race discrimination claims and (2) on cross-appeal, affirm a judgment notwithstanding the verdict on retaliation and hostile work environment claims.
Minnis v. Citrin Holdings, No. 2006-78939 (133rd Dist. Ct., Harris County, Tex.)
In a real estate partnership dispute, assisted plaintiff's trial counsel with post-trial briefing and formation of judgment issues in connection with the entry of $54.6 million judgment in favor of our client.
Brazos River Authority v. GE Ionics, Inc., No W 03 CA 324 (W.D. Tex. 2007)
Served as appellate counsel, including drafting and arguing the jury charge, throughout multi-week federal trial involving fraud, breach of warranty and products liability claims.
Lyrick Studios, Inc. v. Big Idea Productions, Inc., No. 3-02 CV-0034 M (N.D. Tex. 2006)
Assisted the trial team and argued the jury charge at the conclusion of a three-week jury trial on fraud and breach of contract claims resulting in a favorable verdict.
Bores v. Domino's Pizza LLC, 530 F.3d 671 (8th Cir. 2008)
Reversed a summary judgment in favor of a franchisee on contract claims and obtained a take-nothing judgment in favor of the franchisor.
In re Citigroup Global Markets, Inc., No. 08-0289 (Tex. May 13, 2008)
Obtained a favorable settlement after persuading the Texas Supreme Court to grant oral argument in this mandamus proceeding involving the application of a forum selection clause to a nonsignatory under the direct benefits estoppel doctrine.
Bartek v. Siemens Corp., No. GN401814 (200th Dist. Ct., Travis County, Tex.)
Partnered with the trial team and argued the jury charge at the conclusion of a three-week jury trial relating to employee stock options.
Blockbuster Inc. v. C-Span Entertainment, Inc., 276 S.W.3d 482 (Tex. App. - Dallas 2008, pet. granted, judgm't vacated w.r.m.)
In a suit brought by a franchisee, obtained reversal of an adverse $8.5 million judgment and secured an award of $2.5 million for attorneys’ fees and costs.
In re Kimberly Clark Corporation, 228 S.W.3d 480 (Tex. App. - Dallas 2007, orig. proceeding)
Obtained a writ of mandamus ordering a trial court to dissolve its discovery order permitting intrusive environmental testing on defendant’s property.
Positive Software Solutions v. New Century Mortgage, et al., 476 F.3d 278 (5th Cir. 2007), cert. denied, 127 S. Ct. 2943 (2007) (en banc)
In the case that set the standard for vacatur of arbitration awards in the Fifth Circuit, persuaded en banc Fifth Circuit Court of Appeals to reverse order vacating arbitration award in favor of leading nationwide specialty mortgage-banking company, setting standard for vacatur in Fifth Circuit.
Greenpeace, Inc. v. Exxon Mobil Corp., 133 S.W.3d 804 (Tex. App. —Dallas 2004, pet. denied)
Upheld a nationwide temporary injunction preventing illegal and tortious conduct by Greenpeace against ExxonMobil facilities following an unlawful entry by Greenpeace activists at ExxonMobil headquarters.
CIGNA Healthcare of Texas, Inc. v. Pybas, 127 S.W.3d 400 (Tex. App. - Dallas 2004, no pet.)
Successfully defended on appeal a $13 million jury verdict in a wrongful death case.
In re Mirant Corp., 378 F.3d 511 (5th Cir. 2004)
Obtained reversal of district court’s jurisdictional ruling in a Chapter 11 proceeding.
Bolle, Inc. v. American Greetings Corp., 109 S.W.3d 827 (Tex. App. - Dallas 2003, pet. denied)
Successfully defended a judgment setting aside an agreement on the basis of mutual mistake, in a case challenging the application of a contractual release given in one case to unrelated litigation pending in another state.
Exxon Corp. v. Breezevale Ltd., 82 S.W.3d 429 (Tex. App. - Dallas 2002, pet. denied)
Obtained reversal of a $34.3 million judgment based on a jury verdict against an oil company in a suit involving a claimed oral agreement that was held to be barred by the statute of frauds.
Southwest-Tex Leasing Co. v. Denise, No. 11-99-00127-CV, 2000 WL 34235126 (Tex. App. - Eastland 2000, no pet.) (mem. op.)
Reversed a jury verdict on claims of negligence and gross negligence arising from an automobile accident.
Texas Farmers Insurance Co. v. Cameron, 24 S.W.3d 386 (Tex. App. - Dallas 2007, pet. denied)
Upheld on appeal a multi-million jury verdict based on claims of bad faith and insurance code violations.
Panda Energy Corp. v. Heard Energy Corp., No. 05-96-01301-CV, 1998 WL 549032 (Tex. App. - Dallas Aug. 31, 1998, pet denied) (mem. op.)
Won reversal of a summary judgment disposing of a power plant developer’s claims against former affiliates for misappropriation of corporate opportunities.
Panda Energy v. Heard Energy Corp., No. 94-06762-L (193rd Dist. Ct., Dallas County, Tex.)
Served as trial and appellate counsel during three-month trial involving claims for breach of fiduciary duty, fraud, and conspiracy, drafted the jury charge and argued a multi-day charge conference, resulting in a favorable verdict.
02/19/2013 - New Texas State Court Rules Become Effective March 1, 2013
For the first time, Texas rules permit a motion to dismiss.
On February 12, the Texas Supreme Court released the final version of Texas Rule of Civil Procedure 91a, which (1) establishes procedures for dismissal of civil claims, and (2) provides for the mandatory award of attorneys’ fees to the prevailing party.
09/10/2009 - Nonsignatory Issues (Binding Non-Signatories to Arbitration Clauses, Jury Waivers, and Forum Selection Clauses)
Increasingly, sophisticated parties are agreeing to mandatory arbitration provisions, jury waivers, or forum selection clauses in order to control any future litigation.
08/01/2008 - How to Bust or Follow Through With an Arbitration
Advanced Civil Trial Course, State Bar of Texas, August/September 2008
05/29/2008 - Cross Appeals, Cross Points and Other Strategies for Appellees
18th Annual Conference on State and Federal Appeals, May 29-30, 2008, Austin, Texas
12/31/2005 - The 2003 Legislative Amendments to Prejudgment and Postjudgment Interest Law in Texas
46 S. Tex. L. Rev. 1191
01/01/2004 - Formation of the Judgment
The University of Texas School of Law 14th Annual Conference on State and Federal Appeals