McKool Smith secured a $5 million verdict against Santander Consumer USA Inc. this week for breach of contract on behalf of Enterprise Financial Group, the innovator behind the award-winning Hyundai Assurance program.
The verdict was announced on November 2, 2022 following a six-day jury trial before Judge Bridgett Whitmore in Dallas County District Court. Jurors found that Santander, owned by the largest bank in Spain, materially breached a services contract with A+ BBB-Rated Enterprise Financial Group. Finding Santander breached its contract first, the jury also excused the breach-of-contract claim against Enterprise Financial Group. In their verdict, jurors awarded Enterprise Financial Group $5,000,000 in damages, with attorneys’ fees still to be decided.
“As we demonstrated throughout the trial, it was the defendant, not our client, who was in breach of the contract at issue,” said McKool Smith Principal Robert Manley, lead counsel for Enterprise Financial Group. “Our client is pleased with the verdict and appreciates the jury closely examining the facts in the case.”
“With a 45-year history of protecting consumers and honoring the terms of our contracts, this verdict holds significant meaning to Enterprise Financial Group way beyond the financial implications,” said John Pappanastos, President and Chief Executive Officer of EFG Companies. “We were steadfast throughout the five-year duration of this lawsuit knowing the facts and the truth were on our side.”
Along with Mr. Manley, the McKool Smith trial team included Principal Michael Miguel and Veronica Manning.
The case is Enterprise Financial Group, Inc. v. Santander Consumer USA, Inc., case number DC-18-08119, in the 193rd Dallas County District Court.
With 130 trial lawyers across offices in Austin, Dallas, Houston, Los Angeles, Marshall, New York, and Washington, D.C., McKool Smith has established a reputation as one of America’s leading trial firms. The firm has secured 13 nine-figure jury verdicts and 15 eight-figure jury verdicts, obtaining more VerdictSearch and The National Law Journal “Top 100 Verdicts” than any other law firm. These courtroom successes have earned McKool Smith critical acclaim and helped the firm become what The Wall Street Journal describes as “one of the biggest law firm success stories of the past decade.” McKool Smith represents clients in complex commercial litigation, intellectual property, bankruptcy, insurance recovery, and white collar defense matters.