BRS Wins Reversal of Controversial Fraud and Punitive Damages Judgment on Appeal

May 12, 2010

On May 12, 2010, the San Antonio Court of Appeals issued an opinion reversing a judgment of $2.5 million against our client, Dynegy, and rendering judgment in favor of Dynegy. The appeal, Dynegy Inc. v. Yates, arose from a high-profile trial in which a criminal defense attorney engaged to represent a former Dynegy officer sued the company on allegations of oral contract and fraud, winning a judgment that included substantial punitive damages. The result of the trial was covered in both local and national media, and the court of appeals' opinion in favor of our client is covered in the May 17, 2010 issue of Texas Lawyer (http://www.law.com/jsp/tx/index.jsp). BRS partner Russell Post acted as lead appellate counsel and argued the case in the court of appeals. He was assisted on the briefing by his appellate colleague Erin Huber. (opinion attached)



Attachment: Dynegy v. Yates_Opinion1.pdf