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Professional portrait of Eric A. Johnston

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Eric represents clients in a variety of practice areas with a primary focus on complex litigation matters ranging from employment law to government liability and products liability law.

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His cases include commercial disputes, litigation involving governmental entities, employment discrimination claims, Fair Labor Standards Act claims, and claims of violations of the United States Constitution. Eric also provides legal counsel to his clients on matters related to executive compensation, employment law, and corporate governance. His additional experience includes defending products liability actions on behalf of pharmaceutical and medical device clients. He also has experience handling creditor's rights and bankruptcy issues.

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Prior to practicing law, Eric worked in various finance positions.

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Eric has represented clients in the following matters:

Obtained summary judgment in federal court in Dallas on behalf of a news organization in a case where the plaintiff, a former employee, made claims of discrimination based on race and national origin under Title VII, violations of the Family Medical Leave Act, breach of contract, and defamation. Summary judgment affirmed by the United States Court of Appeals for the Fifth Circuit.

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Obtained summary judgment in federal court in Austin on behalf of large property owner against claims of violations of Americans with Disabilities Act and negligence.

Obtained summary judgment in federal court in San Antonio on behalf of governmental client in a case where landowner plaintiffs were asserting Fifth Amendment claims.

Obtained summary judgment in federal court in Austin on behalf of employer, who was sued for discrimination based upon sex, race, and national origin discrimination.

Obtained dismissal for medical device manufacturer in federal court in Orange County, California in a case where the plaintiff alleged that she was injured due to a defective medical device. Also obtained dismissal in federal court in San Diego, California in a medical device product's liability case on the grounds that the case was preempted by federal law.

Obtained a favorable appellate ruling on behalf of client, a Texas county, against claims of wrongful death resulting from a single car collision. The trial courts' order was affirmed by the Texas Court of Appeals for the Third District.

Obtained a favorable appellate ruling on behalf of governmental client on claims of violations of Civil Rights by incarcerated prisoner. The district court's granting of summary judgment was affirmed by the United States Court of Appeals for the Fifth Circuit.

Obtained verdict for client in a bench trial in Travis County, Texas, in a case in which the client was sued for violations of deed restrictions and land use.

Eric A. Johnston

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Michael Best Attorneys Named to Austin Monthly’s “Top Attorneys for 2025” List

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Michael Best Attorneys Named to Austin Monthly’s “Top Attorneys for 2025” List

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