David E. Keltner

Biography

David Keltner is a partner and heads the firm’s Appellate practice group.

Formerly a Justice on the Texas Court of Appeals, Mr. Keltner’s practice is dedicated to appellate work.  Mr. Keltner has participated as counsel of record in well over 100 appellate decisions.  His legal writings have been frequently cited, with approval, by Texas courts.

Mr. Keltner has been recognized for his appellate accomplishments.  He was honored by Texas Lawyer as the "Go To" appellate lawyer in Texas. Texas Monthly has selected him as one of the Top 10 Lawyers in Texas for three years in a row.  Likewise, the Fort Worth Business Press has designated him a "Power Attorney."  Mr. Keltner has also been recognized in the national stage by being named a Fellow of the American Academy of Appellate Lawyers, one of only 500 in the country. He was selected as a member of the American Board of Trial Advocates, and has been included in "Best Lawyers in America" by his peers since 2006.

He has also been honored as a Sustaining Life Fellow of the American Bar Association and a Sustaining Life Fellow of the Texas Bar Foundation.  He served the Texas Bar Foundation as Chair of the Fellows in 2006.

Mr. Keltner has been active in service to the legal profession.  He was Chair of the Board of Directors of the State Bar of Texas in 2000.  Previously, he served as Chair of the Litigation Section and Chair of the College of the State Bar of Texas.

The Texas Supreme Court has 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 in the mid-1990s.  He was also appointed to the Texas Supreme Court Advisory Committee for Professionalism which drafted the Texas Lawyer’s Creed, which governs lawyer conduct in Texas.

Education & Honors

• Trinity University, B.A., 1972
• Southern Methodist University, Dedman School of Law, J.D., 1975
• Fellow, American Academy of Appellate Lawyers (1996-present)
• American Board of Trial Advocates (1986-present)
• Gene Cavin Award, State Bar of Texas (2002)
• Dan Rugely Price (Excellence in Continuing Legal Education) Award, Texas Bar Foundation (2002)
• Presidential Citation, State Bar of Texas (1984, 2000, 2008)
• Outstanding Law Review Award, Texas Bar Foundation (1986)
• Outstanding Young Lawyer of Texas, Texas Young Lawyer’s Association (1984)
• Master Bencher, American Inns of Court—Eldon Mahon Inn (1994-96; 2007-present)
• Selected as the "Go To" Texas Lawyer for Appeals by Texas Lawyer
• Recognized as one of the Top 10 Lawyers in Texas by Texas Monthly (2007, 2008, 2009)
• Recognized as a Texas Super Lawyer by Texas Monthly (since the survey began)
• Selected as Attorney of Excellence by the Fort Worth Business Press and the top rated lawyer for appellate work
• Listed in Best Lawyers in America (2006-present)
• Listed in Chambers USA: Guide to America’s Leading Lawyers for Business (2007, 2008, 2009)
• Helen A. Cassidy Award for highest rated CLE presentation at the State Bar of Texas 20th Annual Advanced Civil Appellate Practice Course, September (2007)
• Jim D. Bowmer Professionalism Award, College of the State Bar of Texas (2007)
• Selected as a "Top Attorney" by Fort Worth, Texas Magazine (2008)
• Selected as a Power Attorney, Fort Worth Business Press (2009)

admission & affiliations

• Texas, 1975
• United States Supreme Court
• United States Court of Appeals, Fifth Circuit
• United States Court of Appeals, 11th Circuit
• United States District Court, Northern, Western and Southern Districts of Texas
• Sustaining Life Fellow, American Bar Association
• Sustaining Life Fellow, Texas Bar Foundation
• Charter Member, Tarrant County Bar Foundation
• Executive Board, SMU Dedman School of Law (1998-present)
• Deans Advisory Council, Texas Wesleyan School of Law (2000-present)
• Board of Visitors, University of Texas McDonald Observatory (1997-present)
• President, Board of Trustees, Trinity Valley School (2009)

Significant Matters 

• Hyundai Motor Co. v. Vasquez, 189 S.W.3d 743 (Tex. 2006)
• Baker Botts, L.L.P. v. Cailloux, 224 S.W.3d 723 (Tex. App. - San Antonio 2007, pet. denied)
• Monsanto Co. v. Boustany, 73 S.W.3d 225 (Tex. 2002)
• Borneman v. Steak & Ale of Texas, Inc., 22 S.W.3d 411 (Tex. 2000)
• In re Continental Airlines, Inc., 988 S.W.2d 733 (Tex. 1998)
• ACS Investors, Inc. v. McLaughlin, 943 S.W.2d 426 (Tex. 1997)
• George Grubbs Enterprises, Inc. v. Bien, 900 S.W.2d 337 (Tex. 1995)
• Hyundai Motor Co. v. Alvarado, 892 S.W.2d 853 (Tex. 1995)
• In re Stone & Webster, Inc., 2005 WL 1654875 (Tex. App.—Fort Worth, July 12, 2005, pet. denied, 49 Tex. Sup. Ct. J. 27 (April 28, 2006)
• Shirvanian v. DeFrates, 161 S.W.3d 102 (Tex. App.- Houston [14th Dist.] 2004, pet. denied)
• COC Services, Ltd. v. CompUSA, Inc., 150 S.W.3d 654 (Tex. App.—Dallas 2004, pet. denied)
• Le Meridien Hotels & Resorts v. LaSalle Hotel Operating Partnership, 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)
• Chromalloy Gas Turbine Corp. v. United Technologies Corp., 9 S.W.3d 324 (Tex. App.—San Antonio 1999, pet. denied)
• J.D. Abrams, Inc. v. McIver, 966 S.W.2d 87 (Tex. App.—Houston [1st Dist.] 1998, pet. denied)
• 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)

Publications & Speeches

• “Preservation of Error”, Texas Bar CLE 22nd Annual Advanced Evidence and Discovery Course, Houston (2009)
• "Respondent's Strategies in the Supreme Court", Texas Bar CLE Practice Before the Texas Supreme Court, Austin (2009)
•  “Preservation of Error”, Texas Bar CLE 32nd Annual Advanced Civil Trial Course, San Antonio (2009)
• "Mandamus: 9 Months After McAllen Medical Center and We Survived" University of Texas CLE 19th Annual Conference on State and Federal Appeals, Austin (2009)
• “Preservation of Error”, Texas Bar CLE 25th Annual Advanced Personal Injury Course, Dallas (2009)
• Texas Discovery, West Publishing (2009) [Loose-leaf Service of Texas Discovery]
• "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)
• "Preservation of Error", Texas Bar CLE 21st Annual Advanced Evidence and Discovery Course, Houston, San Antonio (2008)
• "Jury Selection: The New Game", Tarrant County Bar Association All-Star CLE Course, Fort Worth (2008)
• "Findings of Fact and Conclusions of Law: An Exercise in Frustration", University of Texas CLE 18th Annual Conference on State and Federal Appeals, Austin (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)
• "Voir Dire and Jury Selection: Scope of Examination and Error Preservation," State Bar of Texas Advanced Civil Appellate Practice Course, Austin, Texas (2007)
• "Jury Selection," State Bar of Texas Advanced Civil Trial Course, Dallas, Texas (2007)
• "Jury Selection," State Bar of Texas Advanced Personal Injury Trial Course, Dallas, Texas (2007)
• "Jury Selection:  Preservation of Error," University of Texas 17th Annual Conference on State and Federal Appeals (2007)
• Texas Discovery, West Publishing (2006) [Loose-leaf Service of Texas Discovery]
• "Error Preservation in Jury Selection," Texas Bar CLE 20th Annual Advanced Civil Appellate Practice Course (2006)
• "Summary Judgments," Texas Judicial Section Annual Conference (2006)
• "Preservation of Error," University of Texas 16th Annual Conference on State and Federal Appeals (2006)
• "Suing and Defending Against Fraud," Texas Bar CLE Causes of Action Seminar (2006)
• "Supreme Court Review," 19th Annual Advanced Civil Appellate Practice Course (2005)
• "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)