DALLAS, Aug. 27, 2004 LAWFUEL – Best for law, law news, legal news, law research A Texas court of appeals has overturned a
2001 record setting $810 million verdict, including a $274.5 million jury
verdict against CompUSA. The litigation involved a franchise deal to
establish CompUSA stores in Mexico that was never completed.
Attorneys Theodore W. Daniel, V. Elizabeth Kellow, and John A. Gilliam
represented CompUSA in the litigation. Also representing CompUSA was Jenkens
& Gilchrist appellate attorney Robert B. Gilbreath. Other appellate counsel
included Michael A. Hatchell, Molly H. Hatchell, and William V. Dorsaneo III.
The Jenkens team, Theodore W. Daniel, V. Elizabeth Kellow, John A.
Gilliam, and Robert B. Gilbreath won a judgment notwithstanding the jury’s
verdict for CompUSA, which stripped the plaintiff of any award against CompUSA
and awarded CompUSA its court costs. COC appealed the judgment that it take
nothing from CompUSA, and the other defendants appealed the judgment entered
against them. On the appeal, the Jenkens team won, and the Dallas Court of
Appeals upheld the trial court’s decision to overturn the jury’s award. The
appellate court also overturned the judgment against CompUSA’s co-defendants.
The appeals court ruled that the plaintiff never had an enforceable
contract, that there was no evidence that the defendants ever interfered with
an unexecuted master franchise agreement, and that there was no evidence that
defendants ever tortiously interfered with the plaintiff’s business
relationships. The court ruled that the plaintiff, COC, should receive
nothing from defendants, CompUSA, James Halpin, Carso, Grupo Sanborns and
Carlos Slim Helu.
“We are pleased to have been able to win this case for our clients,” said
Theodore W. Daniel, lead counsel for Jenkens & Gilchrist. “This was a team
effort by a group of talented and dedicated professionals who presented the
court with clear evidence that the lawsuit was baseless, despite the original
“This also proves once again that our judicial system works,” said
Elizabeth Kellow, “and while we often wish for quicker results, what is more
important is that the system works in the end.”
Founded in 1951 in Dallas, Jenkens & Gilchrist has over 500 lawyers and
offices in 9 strategic business locations: Austin, Chicago, Dallas, Houston,
Los Angeles, New York, Pasadena, San Antonio and Washington D.C. The firm’s
clients range from entrepreneurial companies to Fortune 500 corporations and
are found in a variety of industries.