Britton D. McClung 2018-09-17T17:14:41+00:00

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BRITTON D. MCCLUNG

Partner

Britt McClung is head of the appellate practice at Hedrick Kring, handling briefing and oral argument for clients in both state and federal appellate courts. In addition, he represents clients in selected business litigation matters in trial courts and arbitration proceedings, with a particular emphasis on resolution of complex technical and procedural issues. He has obtained favorable results for clients in the Fifth Circuit, all federal district courts in Texas, and the Bankruptcy Court for the Northern District of Texas, as well as Texas state courts and federal courts around the nation.

Professional Background

Before joining Hedrick Kring, Mr. McClung spent several years as a litigator with Dallas-based Quilling Selander Lownds Winslett & Moser, P.C., where he litigated banking, employment, and real property disputes on the trial and appellate levels. Mr. McClung began his legal career as a litigation associate in the Dallas office of Akin Gump Strauss Hauer & Feld LLP.

Mr. McClung is a member of the State Bar of Texas and Dallas Bar Association and is active in the University of Virginia Law School Foundation.

Educational Background

Mr. McClung received his Juris Doctor in 2007 from the University of Virginia School of Law, where he served as Editor-in-Chief of the Journal of Law & Politics and President of Virginia Law Families. He graduated magna cum laude from the University Scholars Program at Baylor University in 1999 and received his M.A. in Church-State Studies from Baylor in 2003, writing his thesis on constitutional law.

Representative Experience

Since 2016, Mr. McClung has presented oral argument in the Fifth Circuit or Fifth Court of Appeals on four occasions, including a challenge to a Medicare administrative guideline on behalf of a rural hospital and the defense of a trial court order vacating a prior judgment for fraud and misconduct. Other recent matters include a successful plea to the jurisdiction resulting in dismissal of a $1.6 million claim in Texas state court; a summary judgment with attorney’s fees obtained in a commercial property dispute and later affirmed on appeal; and an award of attorney’s fees for a third-party garnishee in federal court despite the settlement of the underlying suit. Below is a sample of representative cases:

  • Hernandez v. Results Staffing, Inc., No. 17-11201 (5th Cir.) (oral argument Sept. 7, 2018).
  • Broderick v. Universal Health Servs., Inc., No. 05-16-01379 (Tex. App.—Dallas) (oral argument Feb. 13, 2018).
  • Baylor Cty. Hosp. Dist. v. Burwell, No. 16-10310 (5th Cir.) (oral argument Dec. 8, 2016).
  • Weisbrod Matteis & Copley PLLC v. Toy Quest Ltd., 2015 WL 7771075 (N.D. Tex. Dec. 3, 2015).
  • In re Synergy Acceptance Corp., slip op., No. C-14-4891-MMC, 2015 WL 6085304 (N.D. Cal. Oct. 16, 2015).
  • Song v. 4170 & 4231 & 4271 Altoona Drive Holdings Ltd. P’ship, 616 F. App’x 645 (5th Cir. Apr. 8, 2015).
  • Water Dynamics, Ltd. v. HSBC Bank USA Nat’l Ass’n, No. 4:11-CV-614-A, 2012 WL 34252 (N.D. Tex. Jan. 6, 2012), aff’d, 509 F. App’x 367 (5th Cir. 2013).