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

COVID-19 Response Team

Resources and Updates

COVID-19 Response Team - Resources and Updates

Thompson Coe’s COVID-19 Response Team is here to guide businesses and carriers through understanding their obligations and strategies during this uncertain time, as well as keeping them informed of the most recent developments. We are also providing constantly updated information regarding state responses in Texas, California, Louisiana and Minnesota, and federal measures implemented to fight the spread of coronavirus.

Appellate/General Liability

Shinogle v. Whitlock

Thompson Coe Obtains Texas Supreme Court Victory in Shooting Accident Suit

Dallas Partners Rick Harmon, Heather Phelps, and Cassie Dallas, and Austin Partner Wade Crosnoe obtained a significant appellate victory in the Texas Supreme Court for shooting range Alpine Industries, Inc. and its employee Lane Thomas Shinogle. The Texas Supreme Court held that the docket control order, which set the date for serving expert reports for testifying experts, did not extend the deadline for serving a 90-day statutory expert report because it did not explicitly reference the statutory deadline.

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.

Labor & Employment

Sara Rios, et. al. v. Archer Luxury Travel, LLC

Thompson Coe Saves Client $100Ks in Damages After 3-Day Trial

Houston partner, Cory Reed recently received a (virtual) defense verdict in a 3-day breach of contract trial involving a non-compete agreement, saving his client from $100s of thousands in out of pocket 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.

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.

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.

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.

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.

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 $500K 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.

Auto Products Liability

Defense Verdict On Behalf Of Ford After 26 Day Trial

Austin attorney Bill Mennucci represented Ford Motor Company as lead trial appellate counsel in a products liability/personal injury lawsuit. This case involved a rear end collision in which the driver's seat collapsed rearward and the driver suffered a traumatic brain injury and severe orthopedic injuries. Plaintiffs alleged that the seat of the vehicle was defectively designed. After a 26 day trial, the jury returned a defense verdict for Ford, and the court entered a take-nothing judgment.

COVID-19 Response Team

Appellate/General Liability

Insurance Litigation

Labor & Employment

Cyber Liability Coverage

Product Liability

Catastrophic Injury

Catastrophic Injury

Professional Liability

Products Liability / Catastrophic Injury

Coverage

Auto Products Liability

Firm Facts

Firm Highlights

First Texas Business Interruption Suit Filed in Harris County

Advanced Topics in Overtime

Texas UM/UIM Litigation Update

Restaurants File First Business Interruption Suit in California

Q&A From Insurance Coverage for COVID-19 Webinar

Los Angeles Partners Obtain Defense Verdict in Bifurcated Legal Malpractice Trial

COVID-19 Response Team - Resources and Updates

Restaurants File First Business Interruption Suit in California

Chicago Area Businesses File Suit for Denied Business Interruption Claims

Cyber Risk Considerations Amidst the COVID-19 Pandemic

COVID-19 Response Team - Resources and Updates

Thompson Coe Obtains Texas Supreme Court Victory in Shooting Accident Suit

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

Thompson Coe Saves Client $100Ks in Damages After 3-Day Trial

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

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

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

Unanimous Jury Verdict Obtained Against “Reptile Tactics”

Defense Verdict After 4 Week Malpractice Trial

Defense Verdict In Highly Complex Products Case

Unanimous Defense Verdict In $500K Property Suit

Defense Verdict On Behalf Of Ford After 26 Day Trial