Overview
David Merkley is a board-certified trial lawyer and the firm’s Managing Partner. His objective in the formation of Merkley Jones Eastham is to build a firm of hard-working, talented trial lawyers who also embrace the need to dig in early and identify the risks associated with protracted litigation, advising clients with confidence about how their money will best be spent once an adverse event has occurred—the “wisdom to know the difference.” David is often retained in high-profile catastrophic accident cases to assume the defense or to navigate through complicated discovery issues leading to trial. He has tried dozens of cases in state and federal courts to jury verdict as lead counsel. He has also been involved in several record-setting settlements for companies seeking to avoid the publicity of a jury trial.
David has a broad base of corporate clients and relationships with excess insurance carriers who require trial counsel monitoring or the assumption of a party’s defense in matters that are heading to trial. He has defended oil companies (on and offshore) as well as oilfield service companies because of explosions, chemical releases, and other injury events. He represents large motor carriers and others within the transportation industry because of catastrophic accidents resulting in fatalities or serious bodily injuries. He has also defended a variety of manufacturers in products liability suits across several different industries.
David became board certified by the Texas Board of Law Examiners in 2003 after only six years of practicing law. He was elected to the American Board of Trial Advocates (ABOTA) in 2010 as one of the youngest members of the Houston chapter. He has also been recognized by Thomson Reuters as a Texas Super Lawyer every year since 2008. This distinction is limited to five percent of attorneys statewide. Prior to this, he was recognized as a Texas Rising Star, which is limited to three percent of attorneys under age 40, from 2005-2007.
David is licensed to practice law in Texas and is admitted to practice before the Supreme Court of Texas, the United States Court of Appeals for the Fifth Circuit, and all state and federal district courts in Texas. He has also been hired on a pro hac basis in several different states to defend companies as trial counsel or monitor their defense nationally. He is a frequent presenter, together with Sarah Jones, to energy, maritime, and transportation industry groups on conflict resolution and troubleshooting in high-stakes litigation.
Professional Information & Education
Practice Areas
- Catastrophic Personal Injury & Wrongful Death
- Energy and Oilfield Services
- Transportation
- Trucking
- Products Liability
- Premises Liability
- General Maritime
- Insurance Defense
Education
- J.D., Baylor Law School, 1996
- Baylor Law Review—Senior Notes and Comments Editor, Assistant Managing Editor
- Order of the Barristers
- B.A., English, Brigham Young University, 1993
Court Admissions
- State Bar of Texas
- Supreme Court of Texas
- U.S. Court of Appeals for the Fifth Circuit
- U.S. District Court for the Northern District of Texas
- U.S. District Court for the Eastern District of Texas
- U.S. District Court for the Southern District of Texas
- U.S. District Court for the Western District of Texas
Certifications
- Board Certified in Personal Injury Trial Law by the Texas Board of Legal Specialization (2003-present)
Honors and Distinctions
- Lawdragon 500 Leading Litigators in America, 2026
- Best Lawyers in America, 2025-2026
- Texas Super Lawyers® by Thompson Reuters, 2008-2025
- Recognized among Super Lawyers® Texas Rising Stars by Thompson Reuters (2005-2007)
Professional Memberships
- Associate, American Board of Trial Advocates (ABOTA)
- Editorial Board Member, Texas Bar Journal (2005–2008)
- Defense Research Institute (DRI)
- Texas Association of Defense Counsel (TADC)
- Houston Bar Association – Oil, Gas & Mineral Law; Litigation; Construction sections
- Texas Energy Law Association
- Texas Trucking Association