Congratulations to James Cooper, Mark Mitchell, Mark Mayfield and John Slates for their inclusion in Verdict Search's Top Texas Verdicts of 2009.
Slates and Cooper were recognized for their work in Lennar Corp., Lennar Homes of Texas Land & Construction Ltd., and Lennar Homes of Texas Sales & Marketing Ltd. v. Markel American Insurance Co. They prevailed on behalf of Lennar under an excess insurance policy, issued by Markel, covering damage caused by defective material. Lennar sought insurance coverage for costs incurred to remediate water damage caused by defective synthetic stucco (known as Exterior Insulation Finish Systems or "EIFS") installed on over 500 homes in the Houston area. The jury returned a verdict rejecting all of Markel's defenses and awarding Lennar 100 percent of its damages and attorneys' fees. The published Harris County verdict was $7.56 million.
Mayfield and Mitchell were part of a team of attorneys representing Western Union in a federal intellectual property case (The Western Union Co. v. MoneyGram Payment Systems Inc.). MoneyGram was accused of using a patented money transfer system. The team obtained a permanent injunction prohibiting the use of the infringing and a verdict of $16.53 million was awarded.