Dusty Fillmore
H. Dustin “Dusty” Fillmore III, a native Texan, has lived in Fort Worth nearly his entire life. He has been a licensed and practicing lawyer for more than three decades. During that time, Dusty has earned a reputation as an ethical and zealous advocate, who thinks creatively and works hard to obtain justice for his clients.
After graduating from Fort Worth’s Arlington Heights High School, Dusty attended Baylor University and then St. Mary’s University School of Law, in San Antonio. Following law school, Dusty returned to Fort Worth where he started his legal career as a Briefing Attorney for United States District Judge David O. Belew, Jr. After his term with Judge Belew ended, Dusty joined his father in the private practice of law, eventually forming The Fillmore Law Firm. Dusty’s brother, Chad, joined The Fillmore Law Firm in 1994, and the two continue to practice law together.
Dusty’s reputation as a creative and determined lawyer was established early in his career. Dusty was among the first who pioneered nursing home malpractice cases in Texas, holding some of the worst offenders accountable for the injuries and death they caused. He developed ground-breaking liability theories, damage models and trial strategies, all aimed at exposing the true depth and breadth of the patient neglect and the severe harm it caused. As a result of his efforts in one case involving nursing home neglect and fraud, Dusty obtained a record-setting $312 million verdict and subsequent $20 million settlement. The verdict was the 7th largest in the United States in 2001 and resulted in Dusty being named the nationwide “Litigator of the Month” in March 2001 for his role as lead counsel in the case.
Dusty is a tough advocate and talented trial and appellate lawyer. His law practice has centered on complex civil trials and appeals in both state and federal courts. He has represented both individuals and businesses and both plaintiffs and defendants. He has successfully handled many types of cases, including personal injury and wrongful death, nursing home and medical malpractice, Emergency Medical Treatment and Active Labor Act (EMTALA) violations, commercial litigation, insurance claim litigation, whistleblower and wrongful termination, and legal malpractice.
Dusty and Chad have also pioneered the application of insurance fraud laws that prohibit the unlicensed practice of public adjusting (UPPA) against roofers and contractors in civil court actions. They have unparalleled knowledge and experience in this area of the law, having successfully represented multiple clients in UPPA claims, including the property owners in the two, first-of-their-kind cases of Reyelts v. Cross, 968 F. Supp. 2d 835 (N.D. Tex. 2013), aff’d, 566 Fed. Appx. 316 (5th Cir. 2014) and Lon Smith & Associates, Inc. v. Key, 527 S.W.3d 604 (Tex. App.—Fort Worth 2017, pet. denied).
Dusty has been selected as a Texas Monthly “Super Lawyer” since 2003 and has attained the highest possible peer-review rating of “AV” from Martindale-Hubbell, the national directory of attorneys, indicating preeminent legal ability and the highest ethical standards.
Dusty and his wife of more than 30 years, Susan, live in Fort Worth and have four children, including one who practices law in Dallas.
Education
St. Mary’s University School of Law, Juris Doctor, 1989
Baylor University, B.A. (English), 1986
Bar Admissions
State Bar of Texas, 1989
United States Supreme Court
United States Court of Appeals, Fifth Judicial Circuit
United States District Court for the Northern District of Texas
United States District Court for the Eastern District of Texas
United States District Court for the Western District of Texas
Employment
1990 - Present - The Fillmore Law Firm
1989 - 1990 - Briefing Attorney for the Hon. David O. Belew Jr., U.S. District Judge, Northern District of Texas
Professional Societies (selected)
Member, The Federalist Society
Member, Texas Bar Association
Member, Federal Bar Association
Member, Tarrant County Bar Association
Member, American Bar Association
Committee Service
Court Advisory Committee for the U. S. District Courts for the Northern District of Texas
2012 - 2015 - Chair (appointed by U.S. District Judge Sidney A. Fitzwater)
2009 - 2012 - Member (appointed by U.S. District Judge Terry R. Means)
Member - Advisory Panel for the Reappointment of the Honorable R. Kerry Roach as United States Magistrate Judge for the Northern District of Texas (appointed by U.S. District Judge Sidney A. Fitzwater)
Professional Honors (selected)
2003 - 2005, 2007 - 2023 - Selected as a Texas Monthly “Super Lawyer”
Martindale-Hubbell - AV Preeminent rated
Phi Delta Phi Law Fraternity
Service Outside the Practice of Law (selected)
Bible Study Fellowship (BSF)
2011 - 2021 - Teaching Leader, Fort Worth Young Adult’s Class
2010 - 2011 - Group Leader, Fort Worth Evening Men’s Class
President, Christian Legal Society, St. Mary’s University School of Law Chapter
Papers and Presentations (selected)
“Recent Civil Court Enforcement of Chapter 4102,” Texas Association of Public Insurance Adjusters, Spring 2019 Conference, Austin Texas
“Pleading Traps and Tricks,” Texas Institute of Continuing Legal Education - Insurance, Litigation, and You, June, 2004, Dallas Texas
“Combating Discovery Abuse in Federal Court,” Texas Trial Lawyers Association Advanced Personal Injury Course, May, 2002, Houston Texas
“Plaintiff’s Closing Arguments in a Nursing Home Case,” ATLA National College of Advocacy, 2000 Annual Convention, July, 2000, Chicago, Illinois
“Proving and Demonstrating the Effects of Inadequate Staffing and Abuse,” ATLA National College of Advocacy, “Litigating Nursing Home Cases,” March, 2000, Las Vegas, Nevada
“Trial of the Nursing Home Case: Plaintiffs’ Depositions; Screening and Evaluation of Possible Claims,” Professional Educational Systems, Inc., “Nursing Home Negligence,” September, 1999, Las Vegas, Nevada
“Proving the Value of Life and Dignity - How to Obtain a Just Award in Nursing Home Cases,” ATLA National College of Advocacy - 1999 Winter Convention, January, 1999, San Antonio, Texas
“Developing and Trying the Nursing Home Malpractice Case,” Professional Educational Systems, Inc., “Nursing Home Negligence,” January, 1999, Las Vegas, Nevada
“The Plaintiff’s Perspective - I’m Coming After You,” Texas Health Defense Network, October, 1998, Houston, Texas
Notable Cases (selected)
In Re Carroll Independent School District Board of Trustees, et al., 02-20-00390-CV, 2021 WL 4783262 (Tex. App.—Fort Worth Oct. 14, 2021, no pet. h.)
Sister Initiative, LLC v. Broughton Maint. Ass'n, Inc., 02-19-00102-CV, 2020 WL 726785 (Tex. App.-Fort Worth Feb. 13, 2020, pet. denied)
Stonegate Fin. Corp. v. Broughton Maint. Ass’n, Inc., 02-18-00091-CV, 2019 WL 3436616 (Tex. App.—Fort Worth July 30, 2019, no pet.)
Hill v. Spracklen, 05-17-00829-CV, 2018 WL 3387452 (Tex. App.—Dallas July 12, 2018, pet. denied)
Lon Smith & Associates, Inc. v. Key, 527 S.W.3d 604 (Tex. App.—Fort Worth 2017, pet. denied)
Starnes v. Wallace, 849 F.3d 627 (5th Cir. 2017)
Reyelts v. Cross, 968 F. Supp. 2d 835 (N.D. Tex. 2013), aff’d, 566 Fed. Appx. 316 (5th Cir. 2014)
Martinez v. Porta, 598 F. Supp. 2d 807 (N.D. Tex. 2009)
Southard v. United Reg’l Health Care Sys., Inc., 245 F.R.D. 257 (N.D. Tex. 2007)
Tesfa v. Stewart, 135 S.W.3d 272 (Tex. App.—Fort Worth 2004, pet. denied)
Fuqua v. Horizon/CMS Healthcare Corp., 4:98-00-CV-1087-Y, 2001 WL 267650 (N.D. Tex. Feb. 14, 2001)
Fuqua v. Horizon/CMS Healthcare Corp., 199 F.R.D. 200 (N.D. Tex. 2000)
Horizon/CMS Healthcare Corp. v. Auld, 34 S.W.3d 887 (Tex. 2000)
Lee v. Palo Pinto County, 966 S.W.2d 83 (Tex. App.—Eastland 1998, no pet.)
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