This report of a Texas Case that garnered a $ 71 Million dollar verdict, only to see it overturned on appeal. Now, the Texas court of last resort has denied review.
"The Texas Supreme Court handed Houston-based Baker Botts a big victory. On Aug. 31, the Supreme Court denied a petition for review in Kathleen C. Cailloux v. Baker Botts, et al., a ruling that upheld a take-nothing judgment in favor of Baker Botts and Wells Fargo Bank Texas in a big-bucks estate-planning suit.
In 2005, 198th District Judge Karl Emil Prohl of Kerr County ordered Baker Botts and Wells Fargo to pay $71 million in damages to former estate-planning client Kathleen C. Cailloux, a wealthy widow in Kerrville. A jury found Baker Botts breached its fiduciary duty for failing to disclose all important information when doing estate-planning work for Cailloux after the death of her husband, Floyd, in January 1997.
The jury also found Wells Fargo breached its fiduciary duty to Cailloux.
Cailloux alleged in the Sixth Amended Petition that the defendants conspired to convince her, right after her husband’s death, to disclaim her rights to her husband’s estate and transfer more than $60 million to the Floyd A. Cailloux and Kathleen C. Cailloux Foundation — ostensibly to save more than $30 million in taxes — without informing her of other estate-planning options.
In February, a three-justice panel of the 4th Court of Appeals in San Antonio reversed the judgment and rendered a take-nothing judgment in favor of the firm and the bank. In the opinion, Justice Catherine Stone wrote that nothing in the record proved that Baker Botts or Wells Fargo breached a fiduciary duty that caused Cailloux to disclaim her right to the estate of her late husband. "