David Jefrie Mizgala heads the appellate practice for the Asbestos Litigation Group in the Dallas offices of Baron & Budd. There he, along with the firm’s other appellate lawyers, prepares and presents legal briefs to courts of appeals requesting extraordinary relief in original proceedings, including petitions for writs of mandamus and petitions for interlocutory appeals. In addition he coordinates, manages, and provides support in the pre-trial and trial phases of the Asbestos Group’s cases, such as preparing case-dispositive motions, preparing jury charges, arguing jury charge conferences, ensuring preservation of error during trial, and preparing post-trial motions.

Before joining the firm in 2018, Mr. Mizgala enjoyed an accomplished appellate practice honed over more than fifteen years of work on many cases involving complex legal issues. He has successfully prepared and presented legal briefs to courts of appeals requesting interlocutory review of significant, non-final trial court orders, and defended or attacked, respectively, favorable or adverse trial court judgments in the appropriate supervising courts of appeals, which have included preparing and filing appellate briefs in, and presenting oral argument to, intermediate and supreme courts of appeals—both state and federal—with authority to review final judgments from lower courts in their jurisdictions.

Mr. Mizgala’s nationwide civil appellate and Texas trial-court practices are the embodiment of a boyhood dream. The son of teachers employed by the U.S. Department of Defense at a large infantry base in southern Germany, David Mizgala knew, even as a precocious ten-year-old, his destiny lay in courts of law representing his clients‘ interests and protecting their rights—a fact he happily shared with anyone who would listen. Although no one in his sphere of influence was in the legal profession, “being a lawyer was just something I always knew I wanted to do”, he says.

Growing up in Germany, and attending DoDDS schools from 1975-1991, Mr. Mizgala and his family took every opportunity to travel. By the time he was 19, Mr. Mizgala had been to more than 30 different countries on 4 continents. During that time, one of his most profound experiences was witnessing firsthand the Berlin Wall. “When the Berlin Wall came down, it was surreal to reflect upon the many times I crossed from West to East, passing through checkpoints where armed guards would stop our train to search for and confiscate camera film in order to ensure that their security was not compromised.” These experiences formed in Mr. Mizgala an acute awareness that the rights and privileges Americans enjoy are far from universal and well worth protecting and fighting for. Indeed, the topic became the subject of his law school application’s essay question.

After graduating Cum Laude from the South Texas College of Law Houston in 2001, Mr. Mizgala clerked first for the Honorable Jan P. Patterson at the Texas Court of Appeals Third District (Austin), and then for the Honorable Wallace B. Jefferson at the Supreme Court of Texas. Following his clerkships, he went to work for, and was mentored by, prominent Texas litigator Shannon H. Ratliff and his hand-picked team of highly skilled trial and appellate practitioners. Prior to starting his own firm, Mr. Mizgala headed the civil appeals practice-group and practiced commercial litigation as a partner in the Dallas office of Munsch Hardt Kopf & Harr, P.C.

“Though no legal system is perfect, my world travels and experiences have engrained in my ethos a firm belief that America’s judicial system is the best in the world, even with all its limitations, flaws, and failings. Protecting people’s rights and privileges through the rule of law has always served as a driving force in my desire to become a lawyer and practice law. And it continues to inspire me in practicing law today.”


Publications

  • Author, United States v. Emerson: A Return to Liberty and Traditional Interpretation: The Second Amendment as an Individual Right to Bear Arms, 42 S. Tex. L. Rev. 909 (Summer 2001)
  • Co-Author, Identifying and Accommodating the Learning Disabled Lawyer, 42 S. Tex. L. Rev. 69 (2000)

Selected Opinions

  • Houston Methodist San Jacinto Hospital v. Ford, 483 S.W.3d 588 (Tex. App.—Houston [14th Dist.] 2015, pet. denied)
  • BNP Paribas v. Olsen’s Mill, Inc., 335 Wis.2d 427 (2011)
  • McDaniel v. Town of Double Oak, No. 02–10–00452–CV, 2012 WL 662367 (Tex. App.—Fort Worth Mar. 1, 2012, pet. denied)

Education

South Texas College of Law, Houston, Texas, 2001, J.D., Cum Laude

State University of New York College at Geneseo, New York, 1995, B.A. Sociology/Psychology

Bar and Court Admissions

United States Supreme Court

United States Court of Appeals for the Fifth Circuit

United States Court of Appeals for the Eleventh Circuit

United States Court of Appeals for the District of Columbia

United States District Court for the Northern District of Texas

United States District Court for the Southern District of Texas

United States District Court for the Eastern District of Texas

United States District Court for the Western District of Texas

Texas Supreme Court

Texas Courts of Appeals

Texas District Courts

State Bar of Texas

Professional Associations

American Bar Association

Dallas Bar Association