Ferguson Law, McKool Smith team up for $131.4M antitrust verdict

A federal jury in Marshall returned a $133.4 million verdict late Wednesday in an antitrust case against General Electric.

The plaintiffs, 17 small businesses, claim General Electric tried to force them out of business through the use of monopolistic tactics.

The plaintiffs are represented by Beaumont-based The Ferguson Law Firm and Dallas-based McKool Smith.

The case, Red Lion Medical Safety, Inc., et al vs. General Electric Company, et al, had been pending for two years. The suit claimed, and the jury found, that G.E. violated antitrust laws by attempting to destroy the plaintiffs’ ability to compete in the anesthesia machine repair and parts industry.

The jury found for the plaintiffs on every theory submitted and awarded actual damages totaling $43,803,344. Under antitrust statutes, those damages are automatically trebled making the final verdict $131,410,032.

In addition, the plaintiffs will recover interest, all attorneys’ fees and expenses incurred in the bringing of their lawsuit.

Sam Baxter of McKool Smith’s Marshall office led the plaintiffs’ team along with Jennifer Truelove, John Briody and Radu Lelutiu.

Beaumont’s Chip Ferguson, founder of Ferguson Law, and Professor Sam Bartlett of San Antonio completed the plaintiffs’ team. Arnold & Porter of Washington, D.C. and Dallas’ Lynn, Pinker, Cox & Hurst represented General Electric.

“We are most appreciative of the hard work the jury did in this case. They recognized, as we did, the need for protecting small businesses against the predatory anti-competitive practices of monoliths like General Electric,” Ferguson said.

“This verdict re-affirms our fundamental belief that our economy can only work when the market’s playing field is level.” With respect to the team effort, Ferguson added, “This verdict was the product of a number of talented and dedicated individuals, none more so than Sam Baxter. Being in trial with Sam cements in my mind his reputation as one of the great trial lawyers of our time.”

This verdict continues The Ferguson Law Firm’s long-standing goal of representing those harmed by corporate America. We enjoy representing David vs. Goliath. There is no greater satisfaction than seeing an individual or small business being able to stand toe-to-toe against the G.E.s of this world. This case proves that, once again, a David can slay a Goliath.”

Ferguson has been recognized by multiple organizations for his success and dedication to his clients’ causes, including being named Best Lawyer’s “Lawyer of the Year” for Plaintiffs’ Personal Injury, Plaintiffs’ Product Liability and Plaintiffs’ Commercial Litigation.

He and his law partner, Ms. Jane Leger, have been recognized by multiple organizations for their success.