Thompson Coe, Cousins & Irons, LLP — At our core we are litigators.

Catastrophic Injury

Givens, et al. v. Anderson Columbia, et al.

Thompson Coe And Team Successfully Defends $200 Million Wrongful Death Claim

After over two weeks of trial, Thompson Coe’s Partner and lead counsel, Jennifer Aufricht, with co-counsel Eddie Morales of Langley & Banack and Darrell Barger of Hartline, Dacus, received a defense verdict in a $200 million wrongful death lawsuit against highway construction client Anderson Columbia Co., Inc. Two of the three surviving families argued traffic control warning signs required by TXDOT were removed by workers. The jury found no liability on Anderson Columbia and found it in full compliance with TXDOT’s Traffic Control Plan.

Insurance Litigation

RSUI v. New Horizon Kids Quest

Thompson Coe Succeeds in 8th Circuit Reversing $6M Day Care Abuse Coverage Suit

Dallas partners, Rick Harmon and Jody Stasney, recently secured a reversal from the Eighth Circuit Court of Appeals in RSUI Indemnity Company v. New Horizon Kids Quest, Inc., on behalf of their client, an excess liability insurer. The opinion provides guidance in an area of unsettled law concerning an excess insurer’s rights and obligations when jury verdicts are not allocated between covered and uncovered damages.

Cyber Liability Coverage

Landry’s Inc. v. The Ins. Co. of the State of Pa.

Thompson Coe Prevails in $28M Cyber Suit Arising From National Retailer Data Breach

Ellen Van Meir, Mariah Quiroz and Nicholas Low successfully obtained judgment on behalf of their client, prevailing on cross motions for summary judgment, in a lawsuit seeking insurance coverage for $28 million in damages arising from a nationwide data breach. A national retailer sought coverage under multiple commercial general liability policies issued by Thompson Coe’s client for significant monetary damages assessed by issuing banks against the retailer’s payment card processor after consumer payment information was stolen during a data breach.

Coverage

Plaintiffs Steering Committee v. Interior Exterior Blg. Supply, et al.

Insured Dodges $72m Judgment By Unanimous Jury Verdict In MDL

Thompson Coe represented North River Insurance Company in a jury trial in the Eastern District of Louisiana wherein a unanimous jury found that the distributor of several hundred thousand sheets of Chinese-manufactured drywall did not know and should not have known that the drywall contained a defect which causes the drywall to emit sulphur gases that can corrode appliances, jewelry and other metals in a home. Under a pending class action settlement, an adverse judgment in the case would have resulted in a potential judgment against the insured of up to $72 million.

Product Liability

McCarthy v. Metropolitan Life

Defense Verdict After 3 Week, $10M Products Liability Trial

On December 19, 2018, after a three-week trial, Partner Zandra E. Foley won a defense verdict in Suffolk Superior Court, Boston, Massachusetts.

Professional Liability

Watercourt v. Adams Wine Group

Defense Verdict After 4 Week Malpractice Trial

California partners Frances O’Meara, Holly Teel, and Steve Caine obtained a defense verdict on behalf of their broker-client after spending more than four weeks in trial. The lessee of a commercial property brought an action against its real estate broker for negligence, breach of fiduciary duty and constructive fraud, alleging that the broker had a duty to investigate whether the leased premises could be built out according to the lessee’s specifications, and whether the build-out could be completed for $30/sq.ft.

Catastrophic Injury

Wiley v. Martinez, et al.

Unanimous Jury Verdict Obtained Against “Reptile Tactics”

Houston Partners Will Moye and Andy McCluggage obtained a favorable jury verdict for their clients and their clients’ insurer in a catastrophic injury suit in Midland County, Texas. Plaintiff asked the jury for $1.3M in damages which included: $600,000 in noneconomic damages for pain and suffering and impairment, as well as over $500,000 in future loss of earning capacity. The jury returned a total verdict of $130,000, which included a mere $60,000 in noneconomic damages and $0 for past impairment, $0 for past loss of earning capacity and $0 for future loss of earning capacity. The win is a noteworthy example of addressing “Reptile Theory” at trial.

Firetruck on the street with caution tape

Appeals

Mainali v. Covington

New Fifth Circuit Decision On Appraisal Award

The U.S. Court of Appeals for the Fifth Circuit issued its decision in Mainali Corporation v. Covington Specialty Insurance Company, where the court held that the insured failed to meet its burden, in connection with its contract claim, of demonstrating that the appraisal award omitted any items covered under the policy; therefore, timely payment of the appraisal award barred the contract claim. As for the insured’s Prompt Payment claim, the court followed the Texas cases holding that full and timely payment of an appraisal award precludes liability under the Prompt Payment provisions of the Insurance Code. Partner Harrison Yoss represented Covington in the district court and he and Partner Wade Crosnoe represented Covington on appeal.

Labor & Employment

Bustillos v. El Paso County Hospital District, et al.,

Fifth Circuit Decision Secured In Civil Rights Case

Dallas partner John Ross, obtained a favorable decision from the Fifth Circuit Court of Appeals on behalf of his clients, El Paso Hospital District and two of its nurses, on civil rights, constitutional, and Texas statutory tort claims. The Fifth Circuit affirmed that ‘medical staff do not have to establish their own, independent reasonable suspicion to justify a search requested by law enforcement’, and the court subsequently dismissed all claims.

Products Liability / Catastrophic Injury

Morris, et al., v. GreCon, Inc., et al.

Defense Verdict In Highly Complex Products Case

Dallas partners Jennifer Aufricht and Sean Hicks obtained a defense verdict on behalf of our client, GRECON, in a hotly contested and complex products liability, wrongful death and personal injury action in the Eastern District of Texas. With seven Plaintiffs, three years of litigation and two and a half weeks of trial, Aufricht and Hicks secured a judgment as a matter of law on design, manufacturing and marketing claims and a defense verdict as to the remaining negligence claim.

Coverage

Dragoo v. Allstate Vehicle & Prop. Ins. Co.

Unanimous Defense Verdict In Property Suit

Partners Roger Higgins and Mariah Quiroz obtained a unanimous defense verdict on behalf of Allstate in a bad faith and breach of contract lawsuit. Over the course of three days, Thompson Coe’s counsel successfully defended Allstate against Plaintiff who sought over $500,000 in overall damages and his experts who claimed that the roof suffered damage that could result in future leaks.

Coverage/Appeals

Allstate Insurance Co. v. Plambeck

Win For Allstate In Complex Rico Case Involving 700 Claims

Thompson Coe was lead appellate counsel for Allstate in defendants’ appeal from a $6 million judgment in a RICO case against various chiropractic, telemarketing, and law office management defendants. The U.S. Court of Appeals for the Fifth Circuit affirmed the judgment and the U.S. Supreme Court denied defendants’ petition for writ of certiorari. This case is significant because of the amount recovered in a complex RICO case involving numerous defendants and over 700 underlying insurance claims, and also because of the victory against insurance fraud it represents.

Catastrophic Injury

Insurance Litigation

Cyber Liability Coverage

Coverage

Product Liability

Professional Liability

Catastrophic Injury

Appeals

Labor & Employment

Products Liability / Catastrophic Injury

Coverage

Coverage/Appeals

Firm Facts

Firm Highlights

Thompson Coe Prevails in $28M Cyber Suit Arising From National Retailer Data Breach

Texas Supreme Court Issues Two New Opinions Addressing Appraisal Award

Eighteen Attorneys Recognized as Texas Super Lawyers

Analysis: Texas Supreme Court Broadens Liability Under TPPCA Claims in Barbara Technologies, Ortiz

Thompson Coe Succeeds in 8th Circuit Reversing $6M Day Care Abuse Coverage Suit

Determining What Issues to Raise on Appeal

The Double Whammy: What to Do When Called to Trial by Two Courts on the Same Day

Defense Verdict After 3 Week, $10M Products Liability Trial

Thompson Coe Announces Ten New Partners

Fifteen Attorneys Selected to Best Lawyers 2020

Thompson Coe And Team Successfully Defends $200 Million Wrongful Death Claim

Thompson Coe Succeeds in 8th Circuit Reversing $6M Day Care Abuse Coverage Suit

Thompson Coe Prevails in $28M Cyber Suit Arising From National Retailer Data Breach

Insured Dodges $72m Judgment By Unanimous Jury Verdict In MDL

Defense Verdict After 3 Week, $10M Products Liability Trial

Defense Verdict After 4 Week Malpractice Trial

Unanimous Jury Verdict Obtained Against “Reptile Tactics”

New Fifth Circuit Decision On Appraisal Award

Fifth Circuit Decision Secured In Civil Rights Case

Defense Verdict In Highly Complex Products Case

Unanimous Defense Verdict In Property Suit

Win For Allstate In Complex Rico Case Involving 700 Claims