With over 20 years of experience as a trial and appellate lawyer, David Walsh has advised clients on a wide range of complex litigation matters. David has successfully defended health care liability claims, personal injury claims and business disputes at all levels of the courthouse. Some of his trial court successes include:

  • Helping convince a trial court that an expert's opinions were not reliable and failed to create a fact issue on causation, resulting in summary judgment
  • Helping convince a trial court to grant a directed verdict for two physicians in a medical malpractice case despite the fact that the plaintiff presented expert testimony from two expert witnesses
  • Convincing trial courts across the state to conclude that his opponents' expert was not qualified or the opinions were not reliable, resulting in favorable resolution of the litigation
  • Helping convince a jury that a cardiologist did not miss an important congenital defect that allegedly caused a cardiac surgery to go awry
  • Helping convince a jury that a gynecologist did not miss the signs and symptoms of a heart attack that resulted in the need for a heart transplant
  • Helping convince a jury that an obstetrician did not miss a uterine rupture that resulted in the death of the mother and baby
  • Convincing trial courts across the state that the other side's claims were so without merit that the court should summarily decide the case in his client's favor
  • Convincing a jury that an anesthesiologist did not cause a broken dental bridge

David also specializes in appellate law and is board-certified in civil appellate law by the Texas Board of Legal Specialization since 2006. His appellate work spans the spectrum of possible appellate work, including challenges to a trial court's personal jurisdiction over a party, determinations of whether cases should be decided in arbitration, review of summary judgment, admissibility of expert testimony and the sufficiency of evidence to support a jury verdict.

Recent appellate successes include:

  • Convincing an appellate court that the trial court did not err in refusing to disqualify trial counsel for an alleged conflict of interest
  • Convincing an appellate court that the claimant did not timely serve defendant, which meant that the statute of limitations barred the claims
  • Convincing the Court of Appeals and the Supreme Court of Texas that the statute of limitations barred health care liability claims related to a minor's death
  • Convincing an appellate court that a trial court erred in interpreting an arbitration clause, resulting in rendition of judgment by the appellate court compelling arbitration
  • Convincing an appellate court that trial court rulings regarding the sufficiency of preliminary expert reports were correct
  • Convincing an appellate court that trial court summary judgment rulings were appropriate
  • Convincing an appellate court that the trial court correctly concluded that the Anti-SLAPP statute did not apply to a party's claims
  • Convincing an appellate court that a series of health care claims arising out of one jail did not amount to a pattern showing deliberate indifference to the inmates' medical needs, thus not amounting to a civil rights violation
  • Convincing an appellate court that a trial court incorrectly interpreted an insurance policy, resulting in rendition that no coverage existed under the policy
  • Convincing an appellate court that a jury correctly determined that a physician's prescription that may have been contraindicated by the manufacturer was not causative of the patient's death
  • Convincing an appellate court to conditionally grant mandamus because a trial court did not timely rule on pending motions

David has also worked before several Texas administrative bodies, helping convince those bodies to continue licensing his clients.

With his wide experience, David is a sought-after speaker and writer on a variety of legal topics, including Stark and anti-kickback laws, jury charge error and the Affordable Care Act. He co-authored a book chapter on overcoming bias in jury selection published in the American Bar Association's book on Truck Accident Litigation.

Areas Of Practice

  • Litigation
  • Appellate
  • Administrative hearings

Certified Legal Specialties

  • Board-certified in civil appellate law, Texas Board of Legal Specialization, 2006

Bar Admissions

  • Texas, 1994
  • U.S. District Court Northern District of Texas
  • U.S. District Court Eastern District of Texas
  • U.S. Court of Appeals 5th Circuit
  • U.S. Court of Appeals 6th Circuit
  • U.S. Supreme Court

Education

  • The University of Texas at Austin School of Law, Texas
    • J.D. - 1994
    • Honors: with Honors
  • University of Kentucky
    • B.A. - 1991
    • Honors: With High Distinction
    • Major: Political Science

Published Works

  • Stark 2016: how to stay on the right side of the law," TMLT Reporter, 2016
  • "Blurred Lines Remain on Health Care Liability in Texas," Law360.com, 2015
  • "Texas Court Augurs Arbitration in Health Care," Law360.com, 2015
  • "Choosing a Jury and Overcoming Bias – Voir Dire," in L. Ruhl and M. Dooley-Owen, ABA Truck Accident Litigation, 3d ed., 2012

Honors And Awards

  • Super Lawyers, 2012-2019
  • Rising Stars, 2006, 2008-2009
  • D Magazine Best Lawyer in Dallas, Texas, 2016 and 2017
  • Avvo 10.0
  • Fellow of the Dallas Bar Foundation