George Fleming settled a mass product liability lawsuit for $339 million on behalf of more than 8,000 clients, but more than 600 of the clients later sued Fleming, alleging that he improperly deducted certain expenses from their recoveries.

Ten of these plaintiffs were selected to be tried first.  With respect to nine of the ten plaintiffsfs, the jury found that Mr. Fleming complied with his contract but nonetheless breached his fiduciary duty. The trial court signed a judgment awarding damages and the disgorgement of fees.

Beck Redden was hired to represent Fleming in his appeal and successfully got the judgment reversed and remanded for a new trial. The Fourteenth Court of Appeals agreed that the plaintiffs’ liability expert provided improper testimony related to the Texas Disciplinary Rules of Professional Conduct, reversed the judgment, and ordered a new trial. David Gunn handled the appeal with colleague Erin Huber.