David Richards

David Richards has broad experience in civil litigation at trial and appellate levels in state and federal courts. In addition to his 50 plus years of law practice, he has been an adjunct professor of law at the University of Texas Law School and served as an attorney with the U.S. Commission on Civil Rights. From 1982 to 1985, he was Executive Assistant Attorney General of Texas supervising the State’s litigation.

Before that public service, he was General Counsel for the Texas AFL-CIO. Over his lengthy private practice, he has developed expertise in the fields of labor and employment law, ERISA issues, civil rights, education law, environmental law, election law/voting rights, constitutional law and governmental regulation along with a variety of related issues.

David has handled a number of appellate cases at the U.S. Supreme Court, the Texas Supreme Court, and intermediate federal and state appellate courts. Among the more notable of these cases was White v. Regester, 412 U.S. 755 (1973) which established single member legislative districts for the Texas Legislature, Dyson v. Stein, 401 U.S. 200 (1971), declaring the Texas obscenity statute unconstitutional, and State v. Durham, 860 S.W. 2d 63 (Tex. 1993) recovering multi million dollars of oil royalty for the State of Texas, Edgewood v. Kirby, 777 S.W. 2d 391 (Tex. 1989), declaring unconstitutional Texas public school funding.

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Professional Licenses, Memberships, Honors and Awards

• State Bar of Texas, 1957
• Admitted to practice before the U.S. Supreme Court and U.S. 5th Circuit Court of Appeals
• U.S. District Courts: Northern, Southern, Western and Eastern Districts of Texas and District of New Mexico

Reported Opinions & Appellate Cases
Voting Rights

• White v. Regester, 412 U.S. 755 (1973) – successful challenge to Texas-at-large legislative districts
• Robinson v. Commissioners Court, 505 F. 2d 674 (5th Cir. 1975) – successful challenge to racial gerrymander
• Whatley v. Clark, 482 F.2d 1230 (5th Cir. 1973) – successful challenge to exclusion of student voters
• Seamon v. Upham, 456 U.S. 37 (1982) – partially successful challenge to congressional redistricting
• Rangel v. Morales, 8 F.3d 242 (5th Cir. 1993) – unsuccessful challenge to judicial election procedures
• David v. Garrison, 553 F.2d 923 (5th Cir. 1977) – challenge to city election procedure

First Amendment Litigation

• Board of Regents of the University of Texas System v. New Left Education Project, 404 U.S. 541 (1972) – successful challenge to restrictions on underground newspaper
• Dyson v. Stein, 401 U.S. 200 (1971) – partially successful attack on Texas obscenity statute
• James v. Gilmore, 389 U.S. 572 (1969) – successful challenge to Texas loyalty oath
• Barlow v. Gallant, 410 U.S. 948 (1973) – successful challenge state vagrancy statute
• Allaire v. Rogers, 658 F.2d 1055 (5th Cir. 1981) – challenge to salary reprisals

Labor and Employment

• Connell Construction Company v. Plumbers and Steamfitters Local Union No. 100, 421 U.S. 616 (1974) – unsuccessful defense of labor anti-trust claim
• Schattman v. Texas Employment Commission, 459 F.2d 32 (5th Cir. 1972) – unsuccessful attack on maternity policy
• Schadler v. Anthem Life Insurance Company, 147 F.3d 388 (5th Cir. 1998) – successful ERISA suit
• Neuhoff Bros., Packers v. Acosta, 327 S.W.2d 434 (Tex. 1959) – wage and hour litigation
• Cedar Crest Hats, Inc. v. United Hatters, Cap and Millinery Workers Intern. Union, 362 F.2d 322 (5th Cir. 1966) – labor antitrust
• Dallas Bldg. and Const. Trades Council v. N. L. R. B., 396 F.2d 677 (D.C. Cir. 1968) – labor recognition picketing

State Constitutional Litigation

• Clements v. Valles, 620 S.W.2d 112 (Tex. 1981) – successful challenge to legislative apportionment
• Spring Branch I.S.D. v. Stamos, 695 S.W.2d 556 (Tex. 1985) – successful defense of no pass no play
• Edgewood I.S.D. v. Kirby, 777 S.W.2d 391 (Tex. 1989) – successful challenge to constitutionality of funding of public education
• Edgewood I.S.D. v. Kirby, 804 S.W.2d 491 (Tex. 1991) – second round of challenge to constitutionality of funding of public education
• Sears v. Bayoud, 786 S.W.2d 248 (Tex. 1990) – successful challenge to eligibility of candidate for Texas Supreme Court
• White v. Sturns, 651 S.W.2d 372 (Tex. Civ. App. – Austin 1983) – defense of senate power of confirmation

Other Appellate Decisions of Note

• State of Texas v. Durham, 860 S.W.2d 63 (Tex. 1993) – suit on behalf of land commissioner to recover oil royalties
• Graves v. Barnes, 700 F.2d 220 (5th Cir. 1983) – recovery of attorney’s fees
• Local Union 59, Intern. Broth. Of Elec. Workers, AFL-CIO v. Green Corp., 725 F.1d 264 (5th Cir. 1984) – successful enforcement of arbitration award
• Abbott v. Local Union No. 142 of United Associations of Journeymen and Apprentices of the Pipe Fitting Industry of the United States and Canada, 429 F.2d 786 (5th Cir. 1970) – successful defense of local unions
• Encina v. Tony Lama Boot Company, 448 F.2d 1264 (5th Cir. 1971) – successful defense of employer
• Thompson v Calvert, 489 S.W.2d 95 (Tex. 1972) – successful challenge to state administrative regulation
• McDowell v. State of Texas, 465 F.2d 1342 (5th Cir. 1971) – public employment litigation
• El Paso Bldg. and Const. Trades Council v. El Paso Chapter Associated General, 376 F.2d 797 (5th Cir. 1967) – arbitration litigation
• Southern Conference of Teamsters v. Red Ball Motor Freight, Inc., 374 F.2d 932 (5th Cir. 1967) – arbitration litigation
• Dallas General Drivers, Warehousemen and Helpers, Local Union No. 745, International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of America v. National Labor Relations Board, 355 F.2d 842 (D.C. Cir. 1967) – LMRA litigation
• Friedrich v. Local No. 780, IUE-AFL-CIO-CLC, 515 F.2d 225 (5th Cir. 1967) – arbitration litigation
• Smith v. Local No. 25, Sheet Metal Workers Intern. Ass’n, 500 F.2d 741 (5th Cir. 1974) – defense of local union

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