KD&P is delighted to report a significant victory earned on December 29, 2014 in the Fort Worth Court of Appeals. In a breach of fiduciary duty case (a lawyer suing his former partner), the jury awarded $2,800,000 in exemplary damages (10 times the actual damages). The trial court applied Texas’s statutory cap and cut the award to $564,000 (2 times the actual damages). On appeal, the Fort Worth court reinstated the full amount when it found that the defendant waived application of the cap. Brad Parker tried a great case in the court below, and it was a privilege to work with him as we vindicated our client’s rights. Firm partner Peter Kelly handled the briefing and oral argument. A Law360 article regarding the case can be found here and a link to the opinion in Davis v. White can be found here.
