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, 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, & Zopolsky, 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.

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 Appx. 270 (3d Cir., Feb. 10, 2014) (unpublished); Simms v. Jones, 879 F.Supp.2d 595 (N.D. Tex. 2012); Greco v. Jones, 38 F. Supp. 2d 790 (N.D. Tex., Aug. 6, 2014).

In Vargas v. Rigid Glob. Bldgs., LLC, 654 S.W.3d 1 (Tex. App.—Houston [14th Dist.] 2022, pet. denied), Mr. Dodge obtained a ruling confirming dismissal of a non-subscribing plaintiff’s negligence claims pursuant to a one-year contractual statute of limitations, and defended the ruling on a further appeal to the Texas Supreme Court.

In Sherman v. OTA Franchise Corp., 629 B.R. 401, 430-34 (Bankr. N.D. Tex. 2021), Mr. Dodge and co-counsel Matthew Furse obtained a partial summary judgment for the Chapter 7 bankruptcy Trustee on fraudulent transfer and preference claims, including the rare ruling that the franchisor defendant was a non-statutory insider as to the debtor as a matter of law.

In Reliance First Capital, LLC v. Mid Am. Mortg., Inc., No. 18-cv-3528 (SFJ)(ARL), 2019 WL 2504039, 2019 U.S. Dist. LEXIS 100901 (E.D.N.Y., June 17, 2019), Mr. Dodge and co-counsel Matthew Furse obtained dismissal of a trademark infringement case filed against their mortgage company client by a competitor.  The case involved the concept of first use, and the client’s use of the disputed mark in its sponsorship of NASCAR.  As such, liberal use was made in briefing of quotes from Talladega Nights: The Ballad of Ricky Bobby, because, well, when it comes to trademarks, the Court agreed: “If you ain’t first, you’re last.”

In In re Essential Fin. Educ., Inc., No. 18-33108-BJH, 2019 Bankr. LEXIS 1226 (Bankr. N.D. Tex., Apr. 15, 2019), Mr. Dodge and co-counsel Mr. Furse filed an involuntary bankruptcy action against Essential Financial Education, Inc., an entity involved in a Ponzi scheme against which the firm had obtained a judgment on behalf of their creditor client.  Mr. Dodge and Mr. Furse then successfully defended the case against a motion to dismiss filed by Essential’s franchisor (represented by Haynes & Boone), which had orchestrated over $2,000,000 in fraudulent and preferential transfers from Essential.  Mr. Dodge and Mr. Furse were subsequently hired by the Bankruptcy Trustee to pursue recovery of those funds for the estate and its creditors, and secured settlements in excess of $1.9 million.

In T.W. Odom Mgmt. Servs. v. Williford, No. 09-16-00095-CV, 2016 Tex. App. LEXIS 9353 (Tex. App.—Beaumont Aug. 25, 2016, no pet.), Mr. Dodge obtained reversal of an order denying arbitration of the plaintiff’s claims because the arbitration agreement clearly and unmistakably showed that the employer and the employee intended to delegate gateway issues relating to the interpretation, applicability, or enforceability of the agreement to the arbitrator.

In In re Dauajare-Johnson, No. 14–14–00256–CV, 2014 WL 3401094, 2014 Tex. App. LEXIS 7464 (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. See In re Pablo Rión y Asociados, S.A. de C.V., No. 14-0677, 2014 Tex. LEXIS 1082 (Tex. Oct. 31, 2014).

In Mendez v. Submar, Inc., No. H–12–3208, 2013 WL 4787776, 2013 U.S. Dist. LEXIS 127991 (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 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.

In Burchinal v. PJ Trailers-Seminole Management Co., LLC, 372 S.W.3d 200 (Tex. App.–Texarkana 2012, no pet.), Mr. Dodge successfully defended the appeal of a summary judgment order involving allegations of workplace negligence and the alleged existence of a joint enterprise among related defendant entities.

In VT Inc. as Trustee for World Omni, LT v. GEICO General Insurance Company, No. 3:03-CV-0522-P, 2004 U.S. Dist. LEXIS 11849, *14-*19 (N.D. Tex., June 16, 2004), Mr. Dodge successfully prosecuted an insurance coverage action on behalf of an automobile leasing company.  VT Inc. was the first Texas case to hold that an innocent lienholder’s right of recovery under an automobile policy loss payee endorsement cannot be defeated by the fraud of the insured.

In Landscape Design & Construction, Inc. v. Transport Leasing/Contract, Inc., No. 3:00-CV-0906-D, 2002 U.S. Dist. LEXIS 2679, *34-*35 (N.D. Tex., Feb. 19, 2002), Mr. Dodge successfully defended a professional employment organization against claims of fraud, breach of fiduciary duty, breach of contract, negligent misrepresentations, and violations of the Texas Deceptive Trade Practices Act, among other allegations.  Landscape Design & Construction was the first case to apply the Texas Deceptive Trade Practices Act exclusion to a series of related transactions involving consideration of over $500,000.

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.

• USA Club Rugby Association, Inc. (Treasurer, 2022-Present)
• USA Rugby Audit & Risk Committee (2022-Present)
• Red River Rugby Conference Competitions Committee (Chair, 2017-2022)
• Texas Rugby Union, Men’s Division 1 Representative (2016-Present)
• Texas Rugby Union Hall of Fame (2023 Inductee)
• Dallas Rugby Football Club, Inc. (President 2022-23, 2017-18, 2015-16, 2013-14, Treasurer 2021-22 & 2011-13)
• Dallas Rugby Football Club Hall of Fame (2018 Inductee)
• Dallas Rugby Foundation, Inc. (Board Member)
• Dallas Gator Club
• DFW Phi Kappa Tau Alumni Association