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Following a three
week trial, a Harris County jury rendered a verdict on February
22, 2008 awarding an MDJW client in excess of $3 million on
counterclaims while deciding that the Plaintiffs were entitled
to no recovery on their claims. The case involved a dispute over
attorneys' fees related to breast implant cases that the parties
had agreed to jointly handle. MDJW's client had represented the
underlying breast implant clients for over 10 years without
assistance from Plaintiffs. In the meantime, Plaintiffs had
filed a previous lawsuit, an arbitration, made disparaging
remarks about MDJW's client in numerous forms, and still
demanded payment of fees when Dow Corning began funding after 10
years of delay. MDJW established that Plaintiff's breached the
agreements to represent the underlying breast implant clients,
that any failure to perform by MDJW's client was excused, that
Plaintiffs were entitled to no recovery, that MDJW's client was
entitled to breach of contract damages and attorneys' fees in
excess of $680,000.00, and that Plaintiffs had defamed MDJW's
client, which resulted in a defamation verdict in excess of $2.4
million. Post-verdict motions will be filed any appeals may
ensue.
Dale Jefferson and
Raul Suazo had the privilege of representing
MDJW's client in this case.
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