David Keltner

Biography

Formerly a Justice on the Texas Court of Appeals, David Keltner is lead counsel in well over 100 appellate decisions. His legal writings are cited, with approval, by Texas courts.

Mr. Keltner is recognized for his appellate accomplishments. He was honored by Texas Lawyer as the "Go To" appellate lawyer in Texas. Texas Super Lawyers, a Thomson Reuters service published by Texas Monthly, selected him as one of the Top 10 Lawyers in Texas for four years in a row. He was the "Top Point Getter" in Texas 2009-2011. The Texas Bar Foundation honored him with the inaugural Gregory S. Coleman Outstanding Appellate Lawyer Award. Mr. Keltner is also recognized on the national stage as a Fellow of the American Academy of Appellate Lawyers, one of only 300 in the country.

Mr. Keltner served as Chair of the Board of Directors of the State Bar of Texas. He was also Chair of the Litigation Section and the College of the State Bar of Texas, as well as Chair of the Fellows of the Texas Bar Foundation.

The Texas Supreme Court appointed Mr. Keltner to a number of its committees. He served on the Texas Supreme Court Advisory Committee from 1993-2000 and was appointed Chair of the Texas Supreme Court Discovery Task Force. He was also a member of the Texas Supreme Court Advisory Committee for Professionalism that drafted the Texas Lawyer’s Creed.

Experience and highlights

Minton v. Gunn, ___ US ___, 113 S.Ct. 1059, 185 L.Ed.251 (2013)
Riemer v. State, 392 S.W.3d 635 (Tex. 2012)
U-Haul Int’l., Inc. v. Waldrip, 380 S.W.3d 118 (Tex. 2012)
Tex. Rice Land Partners, Ltd. v. Denbury Green Pipeline-Tex., LLC, 381 S.W.3d 465 (Tex. 2012)
Port of Houston Auth. of Harris Cnty. v. Zachry Const. Corp., 377 S.W.3d 841 (Tex. App.—Houston [14th Dist.] 2012, pet. filed.)
Farm & Ranch Investors, Ltd. v. Titan Operating, L.L.C., 369 S.W.3d 679 (Tex. App.—Fort Worth 2012, pet. denied)
Frac Tech Servs., Ltd. v. FMC Tech., Inc., No. 11-11-00175-CV, 2012 WL 1143798 (Tex. App.—Eastland 2012, no pet.)
Aston Meadows, Ltd. v. Devon Energy Prod. Co., 359 S.W.3d 856 (Tex. App.—Fort Worth 2012, pet. denied)
Peloza v. Cuevas, 357 S.W.3d 200 (Tex. App.—Dallas 2012, no pet.)
City of Houston v. Hotels.com, L.P., 357 S.W.3d 706 (Tex. App.—Houston [14th Dist.] 2011, pet. denied)
IASIS Healthcare Corp. v. Apollo Physicians of Tex., P.A., No. 13-10-00173-CV, 2011 WL 4998644 (Tex. App.—Corpus Christi Oct. 20, 2011, no pet.)
Faust v. BNSF Ry. Co., 337 S.W.3d 325 (Tex. App.—Fort Worth 2011, pet. denied)
Martin v. Martin, No. 02-08-490-CV, 2010 WL 2331448 (Tex. App.—Fort Worth 2010, pet. denied)
French v. Law Offices of Windle Turley, P.C., No. 02-08-273-CV, 2010 WL 744794 (Tex. App.—Fort Worth March 4, 2010, no pet.)
Winegar v. Martin, 304 S.W.3d 661 (Tex. App.—Fort Worth 2010, no pet.)
Fawcett, Ltd. v. Idaho N. & Pac. Ry. Co., 293 S.W.3d 240 (Tex. App.—Eastland 2009, pet. denied)
Bandera Drilling Co., Inc. v. Sledge Drilling Corp., 293 S.W.3d 867 (Tex. App.—Eastland 2009, no pet.)
Farlow v. Harris Methodist Fort Worth Hosp., 284 S.W.3d 903 (Tex. App.—Fort Worth 2009, pet. denied)
Sun-Key Oil Co., Inc. v. Cannon, No. 11-07-00025-CV, 2009 WL 626071 (Tex. App.—Fort Worth 2009, pet. denied)
Baker Botts, L.L.P. v. Cailloux, 224 S.W.3d 723 (Tex. App.—San Antonio 2007, pet. denied)
In re Rental Servs. Corp., No. 02-06-338-CV, 2006 WL 3525380 (Tex. App.—Fort Worth 2006, orig. proceeding)
Hyundai Motor Co. v. Vasquez, 189 S.W.3d 743 (Tex. 2006)
In re Stone & Webster, Inc., No. 02-05-189-CV, 2005 WL 1654875 (Tex. App.—Fort Worth 2005, pet. denied)
Shirvanian v. DeFrates, 161 S.W.3d 102 (Tex. App.—Houston [14th Dist.] 2004, pet. denied)
COC Servs., Ltd. v. CompUSA, Inc., 150 S.W.3d 654 (Tex. App.—Dallas 2004, pet. denied)
Le Meridien Hotels & Resorts v. LaSalle Hotel Operating P'ship, I, L.P., 141 S.W.3d 870 (Tex. App.—Dallas 2004, pet. denied)
Swank v. Sverdlin, 121 S.W.3d 785 (Tex. App.—Houston [1st. Dist.] 2003, pet. denied)
Monsanto Co. v. Boustany, 73 S.W.3d 225 (Tex. 2002)
Borneman v. Steak & Ale of Tex., Inc., 22 S.W.3d 411 (Tex. 2000)
Chromalloy Gas Turbine Corp. v. United Technologies Corp., 9 S.W.3d 324 (Tex. App.—San Antonio 1999, pet. denied)
Stanton v. University of Tex. Health Science Ctr. at Dallas, 997 S.W.2d 628 (Tex. App.—Dallas 1998, pet. denied)
In re Continental Airlines, Inc., 988 S.W.2d 733 (Tex. 1998)
J.D. Abrams, Inc. v. McIver, 966 S.W.2d 87 (Tex. App.—Houston [1st Dist.] 1998, pet. denied)
ACS Investors, Inc. v. McLaughlin, 943 S.W.2d 426 (Tex. 1997)
Vinson & Elkins v. Moran, 946 S.W.2d 381 (Tex. App.—Houston [14th Dist.] 1997, writ dism’d by agr.)
Simms v. First Gibraltar Bank, 83 F.3d 1546 (5th Cir. 1996)
George Grubbs Enters., Inc. v. Bien, 900 S.W.2d 337 (Tex. 1995)
Hyundai Motor Co. v. Alvarado, 892 S.W.2d 853 (Tex. 1995)

Affiliations and honors

Board Certified, Civil Appellate Law, Texas Board of Legal Specialization Certification
Board Certified, Personal Injury Trial Law, Texas Board of Legal Specialization Certification
State Bar of Texas
Chair, Board of Directors, 1999-2000
Presidential Citation, 1984, 2000, 2008, 2010
Tarrant County Bar Association
Director, 1990-1995, 1997-2000, 2009-2011
Secretary-Treasurer, 2012-present
SMU Dedman School of Law Executive Board, 1998-present
Texas Wesleyan School of Law Deans Advisory Council, 2000-present; Chair, 2012-present
University of Texas McDonald Observatory Board of Visitors, 1997-present
Trinity Valley School; Board of Trustees, 2001-present; President, 2009-2012
American Academy of Appellate Lawyers, Fellow
American Board of Trial Advocates
Recognized as one of the Top 10 Lawyers in Texas by Texas Super Lawyers, a Thomson Reuters service published by Texas Monthly (2007-2012; Top Point Getter, 2009-2011)
Listed in The Best Lawyers in America, 2006-2013
Selected as a "Top Attorney" by Fort Worth, Texas magazine, 2008-2012
Listed in Chambers USA: Guide to America’s Leading Lawyers for Business, 2007-2012
Gregory S. Coleman Outstanding Appellate Lawyer of Texas, Texas Bar Foundation (2012)
Jim D. Bowmer Professionalism Award, College of the State Bar of Texas (2007)
Selected as the "Go To" Texas Lawyer for Appeals by Texas Lawyer (2007)
Gene Cavin Award (Excellence in Continuing Legal Education), State Bar of Texas (2002)
Dan Rugely Price Memorial Award (Excellence in Legal Writing), Texas Bar Foundation (2002)
Outstanding Law Review Award, Texas Bar Foundation (1986)

Education

Southern Methodist University Dedman School of Law, J.D., 1975
Trinity University, B.A., 1972

Admissions

State Bar of Texas, 1975
U.S. Supreme Court
U.S. Court of Appeals, Fifth Circuit
U.S. Court of Appeals, Tenth Circuit
U.S. Court of Appeals, Eleventh Circuit
U.S. District Court, Northern District of Texas
U.S. District Court, Eastern District of Texas
U.S. District Court, Western District of Texas
U.S. District Court, Southern District of Texas

Speeches & Publications

"Respondent's Best Strategies in the Supreme Court," Texas Bar CLE Practice Before the Texas Supreme Court 2013
“Defenses to Damages: Prerequisites to Damages,” Texas Bar CLE 5th Annual Damages in Civil Litigation Course (2013)
"Getting the Charge Right", State Bar of Texas Webinar (Janurary 29, 2013)
"Harmless Error—Really?", Texas Bar CLE Advanced Civil Appellate Practice Course (2012)
"Continuing Developments in Jury Selection", Advanced Civil Trial Course, San Antonio, July 26, 2012; Dallas, August 23, 2012; Houston, October 18, 2012
"Preservation of Error", State Bar College Summer School 2012, Galveston, July 20, 2012
"Voir Dire Update – When to Challenge for Cause and How to Preserve Error", UT Law CLE Conference on State and Federal Appeals, May 31, 2012, Austin
"Attorney Client Work Product", Advanced Evidence and Discovery Course, Dallas, April 26, 2012
"Preservation of Error", Texas Bar CLE Advanced Personal Injury Trial Course (2012)
"Findings of Fact and Conclusions of Law", Texas Bar CLE Handling Your First Appeal (2012)
Texas Discovery, West Publishing (2012) [Loose-leaf Service of Texas Discovery]
"Trying Cases to the Trial Court: Findings of Fact & Conclusions of Law Update", State Bar College 13th Annual Summer School (July, 2011)
"Challenges for Cause in the Jury Selection Process: When a Person Can/Can't be Rehabilitated Judicial Perspective", Texas Bar CLE 34the Annual Advanced Civil Trial Course (August, 2011)
"Bench Trials: Findings of Fact Conclusions of Law," Texas Bar CLE Advanced Civil Appellate Practice Course (September, 2011)
"How to Convince the Supreme Court to Overturn Adverse Precedent", Texas Bar CLE Practice Before the Texas Supreme Court, Austin, April 15, 2011
"Findings of Fact and Conclusions of Law: Do They Really Matter?", 24th Annual Advanced Civil Appellate Practice Course, Austin, September 2-3, 2010
"Preservation of Error", BNSF Conference, Fort Worth, September 11, 2010
"Post-Judgment Collections and Enforcement of Final Judgments in Texas", State Bar College Summer School 2010, Galveston, July 21, 2010
"The Future of Law Practice", State Bar College Spring Training, Dallas (2010)
"Respondent's Strategies in the Supreme Court", Texas Bar CLE Practice Before the Texas Supreme Court, Austin (2009)
"Mandamus: Nine Months After McAllen Medical Center and We Survived", University of Texas CLE 19th Annual Conference on State and Federal Appeals, Austin (2009)
"Privileges and In Camera Inspection", Texas Center for the Judiciary Winter Regional Conference, San Antonio, Houston (2008)
"Suing and Defending Against Fraud", Texas Bar CLE Cause of Action Law Course, Dallas, Houston (2008)
"Attorney-Client Privilege", Texas Bar CLE 7th Annual In-House Counsel Course, Dallas (2008)
"Joint Defense/Common Interest Privilege: Convenient Memories are No Longer a Defense", Texas Bar CLE 31st Annual Advance Civil Trial Course, Dallas, San Antonio, Houston (2008)
"No Evidence Review, The Scope and Standard of Legal Sufficiency Review After City of Keller", Texas Bar CLE 22nd Annual Advance Civil Appellate Practice Course, Austin (2008)
"Voir Dire after Cortez and Hyundai", Judicial Section Annual Conference, Galveston, Texas (2007)
"Protecting the Record for Appeal: A Reference Guide in Texas Civil Cases", 17 St. Mary’s L.J. 273 (1986) [Selected "Outstanding Law Review Article" by the Texas Bar Foundation]
"Trying the Trier of Fact: Jury Misconduct in Texas", 34 Sw. L.J. 1131 (1981)