Anne Johnson

Practices

Special Focuses

Education and Clerkships

J.D., University of Texas at Austin School of Law, 1995

B.A., University of Pennsylvania, 1992, with honors

Bar Admissions

Texas

Court Admissions

U.S. District Court for the Eastern District of Texas

U.S. District Court for the Northern District of Texas

U.S. District Court for the Southern District of Texas

U.S. District Court for the Western District of Texas

U.S. Court of Appeals for the Fifth Circuit

U.S. Court of Appeals for the Eighth Circuit

Profile

Anne Johnson is co-chair of the firm’s Litigation Department while maintaining an active appellate and trial practice. 

Experienced Appellate Practitioner 

Ms. Johnson has been Board-Certified in Appellate Law by the Texas Board of Legal Specialization since 2001. Her recent appellate representations include: 

  • In a case of first impression for the renewable energy industry, persuaded the Texas Supreme Court to invalidate a penalty-based liquidated damages provision (2014) 
  • Secured entry of a $10 million judgment following post-trial claims of jury misconduct (2014) 
  • Obtained a take-nothing summary judgment, which was affirmed on appeal, on claims alleging a $780 million oral agreement (2013) 
  • Representation of a majority shareholder on claims involving fiduciary and board governance issues in expedited proceedings before the Delaware Supreme Court (2013) 
  • 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)

Appellate Lawyer in the Trial Court 

In addition to her extensive appellate experience, Ms. Johnson is equally at ease on either side of the docket in the trial court. She frequently serves as appellate counsel on trial teams, collaborating with litigators both inside and outside the firm and handling dispositive motions, preservation of error, the jury charge, judgment formation, and post-trial motions. 

Ms. Johnson has played a key role in a number of trial court 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.

Touchdown

NFL Super Bowl Trial

Haynes and Boone Garners National Attention for "A Series of Touchdowns" Scored on Behalf of the NFL in Super Bowl Seating Trial

The verdict in the federal jury trial arising from the issues with the installation of temporary seating at Super Bowl XLV continues to garner national attention.  As quoted in the New York Times, Haynes and Boone partner and lead trial attorney Thad Behrens noted that “the NFL has always accepted responsibility for the problems that were experienced by some of its fans at Super Bowl XLV and has attempted from the beginning to compensate them for their genuinely received losses and inconvenience."  But on the most disputed issue in the trial—whether the League fraudulently induced two of the plaintiffs into purchasing seats with obstructed views for the game—the NFL prevailed decisively.  NBC Sports hailed the verdict as “a big win for the league.”  The Texas Lawbook called the verdict in the case the latest in “a series of touchdowns for the NFL’s lawyers, who all practice at Haynes and Boone.”  
 
When the case was filed in February 2011, the plaintiffs designed it as a multi-million dollar class action on behalf of potentially hundreds of Super Bowl XLV ticketholders.   The Haynes and Boone trial team began dismantling the opposition back in July 2012 when the Court dismissed nearly all of the tort claims in the case.  That victory was followed by another in 2013, when the team secured the denial of class certification.  
 
That led to Haynes and Boone’s successful defense of the League in the jury trial of the remaining seven Plaintiffs in the case. The Plaintiffs were seeking approximately $496,000 in actual and punitive damages. The Court granted a directed verdict in favor of the NFL on Plaintiffs’ punitive damages claims, and the jury ultimately awarded the Plaintiffs a total of only $75,850 – about $421,000 less than they were claiming. Of the victory, Thad Behrens said, “It has been a privilege and honor to represent the NFL in this case, and I couldn’t be more proud of the extraordinary team of Haynes and Boone lawyers and professionals who brought about this result for our client.”
 
The jury verdict in this case comes less than two months after Haynes and Boone obtained the dismissal of all claims brought against the NFL in connection with a class action brought in New Jersey arising from claims that the NFL’s distribution of tickets to Super Bowl XLVIII violated New Jersey’s Consumer Fraud Act.

Links to coverage - 

Texas Lawbook (subscription required)

NBC Sports

New York Times (subscription required)


Recognition

Best Lawyers

Best Lawyers in America 2015

Best Lawyers® in America, an annual referral guide listing outstanding attorneys throughout the U.S, has once again recognized Haynes and Boone, LLP lawyers. This year the firm increased its honored practices to 56.

Professional Recognition

  • 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, 2010-2014); and recognized in Texas Super Lawyers' Top 50 Women of Texas (2014) 
  • Recognized in Best Lawyers for Appellate Law (2010-2015) and Commercial Litigation (2013-2015)

Professional and Community Activities

  • Family Gateway, Board Member (2014-present) 
  • 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) 
  • Associate, Patrick E. Higginbotham Inn of Court (2001) 
  • Member, Dallas Bar Association Business Litigation and Appellate Sections, American Bar Association, Fifth Circuit Bar Association

Honors

Super Lawyers

Repeat Recognition as 2014 Texas Super Lawyers

Texas Super Lawyers has once again recognized Haynes and Boone in its annual award listing, with seven firm attorneys featured in the Tops of Texas honors.

Selected Speeches and Publications

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:


  • "Hot Topics in Arbitration" Dallas Bar Association Bench Bar Conference (2013) 
  • "Trial Judgment Traps," (co-author with Honorable Brett Busby) State Bar of Texas Advanced Civil Appellate Practice Course (2013) 
  • "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) 

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