Stephen Daily Susman (January 20, 1941 – July 14, 2020) was an American
commercial
Commercial may refer to:
* a dose of advertising conveyed through media (such as - for example - radio or television)
** Radio advertisement
** Television advertisement
* (adjective for:) commerce, a system of voluntary exchange of products and s ...
plaintiffs attorney and founding and name partner of Susman Godfrey LLP. He won more than $2 billion in damages and settlements in just three cases, including a $1.1 billion settlement on behalf of
Texas Instruments
Texas Instruments Incorporated (TI) is an American technology company headquartered in Dallas, Texas, that designs and manufactures semiconductors and various integrated circuits, which it sells to electronics designers and manufacturers globa ...
in ''Samsung Electronics v. Texas Instruments'', and a $536 million jury verdict in ''El Paso Natural Gas Co. v. GHR Energy Corp''.
In 2020, Susman was seriously injured in a biking accident which left him in a coma for more than a week. While rehabilitating from the injury, he contracted
COVID-19
Coronavirus disease 2019 (COVID-19) is a contagious disease caused by a virus, the severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2). The first known case was identified in Wuhan, China, in December 2019. The disease quickl ...
and died.
Early and personal life
Susman was born in
Houston
Houston (; ) is the List of cities in Texas by population, most populous city in Texas, the Southern United States#Major cities, most populous city in the Southern United States, the List of United States cities by population, fourth-most pop ...
, Texas, and grew up in the Riverside neighborhood in the city, at a time when Jewish families such as his were barred by deed restrictions from living in River Oaks, the city's most desirable neighborhood. His father, Harry (1899-1949), son of Abraham and Hattie Susman from Russia, was a graduate of
Yale Law School
Yale Law School (Yale Law or YLS) is the law school of Yale University, a private research university in New Haven, Connecticut. It was established in 1824 and has been ranked as the best law school in the United States by '' U.S. News & Worl ...
where he was Editor of the '' Yale Law Review'', and practiced law in Houston until his death of a
bleeding ulcer
Peptic ulcer disease (PUD) is a break in the inner lining of the stomach, the first part of the small intestine, or sometimes the lower esophagus. An ulcer in the stomach is called a gastric ulcer, while one in the first part of the intestines i ...
at the age of 50.
His mother, Helene Daily Susman (1911-1978), was the daughter of Sam Daily (of
Rosenberg, Texas
Rosenberg is a city in the U.S. state of Texas, within the Houston–The Woodlands–Sugar Land metropolitan area and Fort Bend County. The population was 38,282 at the 2020 census, up from 30,618 at the 2010 census. The community hol ...
, born in Russia; 1884–1960, son of Zelman Lubchansky and Rissa Berkman) and Mary Schiff Daily (born in Poland; 1891–1964; daughter of Boris Schiff and Helen Katzhandler). She was a 1934 graduate of the
University of Texas School of Law
The University of Texas School of Law (Texas Law) is the law school of the University of Texas at Austin. Texas Law is consistently ranked as one of the top law schools in the United States and is highly selective—registering the 8th lowest ac ...
, and returned to her law practice and raised Susman and his brother after the death of their father when Susman was eight years old and his brother Tommy was six years old. His mother became the first woman from Texas admitted to the bar of the Supreme Court of the United States. Susman said: "My mother and father were both lawyers, so I never even thought about doing anything else."
He and his brother also attended the University of Texas School of Law, at the insistence of their mother. In addition, his son Harry attended the
University of Texas School of Law
The University of Texas School of Law (Texas Law) is the law school of the University of Texas at Austin. Texas Law is consistently ranked as one of the top law schools in the United States and is highly selective—registering the 8th lowest ac ...
. He was Editor-in-Chief of the ''
Texas Law Review
The ''Texas Law Review'' is a student-edited and -produced law review affiliated with the University of Texas School of Law (Austin). It ranks number 6 on Washington & Lee University's list, number 11 on Google Scholar's list of top publications i ...
'' and clerked for a Supreme Court Justice.
His first wife, Karen Hyman Susman, from
Austin, Texas
Austin is the capital city of the U.S. state of Texas, as well as the county seat, seat and largest city of Travis County, Texas, Travis County, with portions extending into Hays County, Texas, Hays and Williamson County, Texas, Williamson co ...
, married Susman in 1965. She died in 1997 at age 55. Susman and Karen had two children; Stacy and Harry. He married Ellen Spencer Susman, at the time a television personality, in 1999. They had homes in
Aspen, Colorado
Aspen is a home rule municipality that is the county seat and the most populous municipality of Pitkin County, Colorado, United States. The city population was 7,004 at the 2020 United States Census. Aspen is in a remote area of the Rocky Mo ...
, Houston, and New York City.Terry Carter (February 1, 2008) "The G-Man" ''ABA Journal''; accessed July 15, 2020.
Education
Susman attended
Yale University
Yale University is a Private university, private research university in New Haven, Connecticut. Established in 1701 as the Collegiate School, it is the List of Colonial Colleges, third-oldest institution of higher education in the United Sta ...
, where he earned a B.A. ''
magna cum laude
Latin honors are a system of Latin phrases used in some colleges and universities to indicate the level of distinction with which an academic degree has been earned. The system is primarily used in the United States. It is also used in some So ...
'' in English in 1962. While at Yale, to make ends meet he waited tables in the school's dining hall, acted as a travel agent for his classmates, ran a student laundry, and leased out caps and gowns to his graduating classmates.
Susman earned his J.D. at the
University of Texas School of Law
The University of Texas School of Law (Texas Law) is the law school of the University of Texas at Austin. Texas Law is consistently ranked as one of the top law schools in the United States and is highly selective—registering the 8th lowest ac ...
with highest honors in 1965. While attending law school, Susman was Editor-in-Chief of the ''
Texas Law Review
The ''Texas Law Review'' is a student-edited and -produced law review affiliated with the University of Texas School of Law (Austin). It ranks number 6 on Washington & Lee University's list, number 11 on Google Scholar's list of top publications i ...
'', graduated first in his class with the highest
grade point average
Grading in education is the process of applying standardized measurements for varying levels of achievements in a course. Grades can be assigned as letters (usually A through F), as a range (for example, 1 to 6), as a percentage, or as a numbe ...
in the school's history, was a member of the
Order of the Coif
The Order of the Coif is an honor society for United States law school graduates. The name is a reference to the ancient English order of advocates, the serjeants-at-law, whose courtroom attire included a coif—a white lawn or silk skullcap ...
, and was Grand Chancellor. He then clerked for the Honorable John R. Brown of the
Fifth Circuit Court of Appeals
The United States Court of Appeals for the Fifth Circuit (in case citations, 5th Cir.) is a federal court with appellate jurisdiction over the district courts in the following federal judicial districts:
* Eastern District of Louisiana
* Mid ...
, and for Justice
Hugo Black
Hugo Lafayette Black (February 27, 1886 – September 25, 1971) was an American lawyer, politician, and jurist who served as a U.S. Senator from Alabama from 1927 to 1937 and as an associate justice of the U.S. Supreme Court from 1937 to 1971. ...
at the
Supreme Court of the United States
The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that involve a point ...
.
Legal career
Returning to Texas, Susman joined the law firm of
Fulbright & Jaworski
Fulbright & Jaworski L.L.P. (now Norton Rose Fulbright US LLP), was founded in Houston, TX in 1919 by R.C. Fulbright. On June 3, 2013, the firm became part of the global law firm Norton Rose Fulbright, a Swiss verein.
Norton Rose Fulbright US L ...
(now Norton Rose Fulbright), becoming one of its first Jewish partners. For the first eight years of his career he was a defense lawyer, before becoming a plaintiffs' lawyer. After taking a leave of absence and teaching antitrust law at the University of Texas Law School, and considering becoming a full-time law professor (a notion nixed by his then-wife), in 1976 he joined a small plaintiffs maritime firm, Mandell & Wright of Houston, that had a contingency practice, to start a new commercial litigation practice there.
Susman Godfrey
Susman founded Susman Godfrey LLP in 1980. The firm specializes in representing plaintiffs in
antitrust
Competition law is the field of law that promotes or seeks to maintain market competition by regulating anti-competitive conduct by companies. Competition law is implemented through public and private enforcement. It is also known as antitrust l ...
and
securities
A security is a tradable financial asset. The term commonly refers to any form of financial instrument, but its legal definition varies by jurisdiction. In some countries and languages people commonly use the term "security" to refer to any fo ...
class action
A class action, also known as a class-action lawsuit, class suit, or representative action, is a type of lawsuit where one of the parties is a group of people who are represented collectively by a member or members of that group. The class action ...
s on a
contingent fee A contingent fee (also known as a contingency fee in the United States or a conditional fee in England and Wales) is any fee for services provided where the fee is payable only if there is a favourable result. Although such a fee may be used in many ...
basis. In January 2005 the firm was named one of the top two litigation boutiques in the country by ''
The American Lawyer
''The American Lawyer'' is a monthly legal magazine and website published by ALM Media. The periodical and its parent company, ALM (then American Lawyer Media), were founded in 1979 by Steven Brill.
He won some of the largest cases in U.S. history, including a $1.1 billion ($ in current dollar terms) settlement on behalf of
Texas Instruments
Texas Instruments Incorporated (TI) is an American technology company headquartered in Dallas, Texas, that designs and manufactures semiconductors and various integrated circuits, which it sells to electronics designers and manufacturers globa ...
in the breach of contract case of ''Samsung Electronics v. Texas Instruments'' in 1996; and a $536 million ($ in current dollar terms) jury verdict on
counterclaim
In a court of law, a party's claim is a counterclaim if one party asserts claims in response to the claims of another. In other words, if a plaintiff initiates a lawsuit and a defendant responds to the lawsuit with claims of their own against th ...
in ''El Paso Natural Gas Co. v. GHR Energy Corp'' in 1988. Susman won a verdict for the plaintiffs in the ''Corrugated Container Antitrust'' case in 1979, at $550 million ($ in current dollar terms) the largest verdict in antitrust history at the time, and the case ultimately settled for $500 million (A lawyer who joined the firm in 1990 was given an office tour by Susman. A large, irregularly cut piece of cardboard was stuck to the wall in Susman's office, and the new hire asked if it was a memento from Susman's famous ''Corrugated Container'' case. Susman's quick explanation: “No, f—face, it’s a
Rauschenberg
Milton Ernest "Robert" Rauschenberg (October 22, 1925 – May 12, 2008) was an American painter and graphic artist whose early works anticipated the Pop art movement. Rauschenberg is well known for his Combines (1954–1964), a group of artwor ...
.”). He won a $140 million California jury verdict for the plaintiff in the antitrust case ''Masimo v. Tyco Health Care Group''.
In 2010, Susman was among a team of attorneys that represented
Los Angeles Dodgers
The Los Angeles Dodgers are an American professional baseball team based in Los Angeles. The Dodgers compete in Major League Baseball (MLB) as a member club of the National League (NL) West division. Established in 1883 in the city of Brookly ...
owner
Frank McCourt
Francis McCourt (August 19, 1930July 19, 2009) was an Irish-American teacher and writer. He won a Pulitzer Prize for his book '' Angela's Ashes'', a tragicomic memoir of the misery and squalor of his childhood.
Early life and education
Frank ...
in his divorce trial.
Susman split his time between his firm's Houston and New York offices.
Professional recognition
In 1994, Susman was one of 14 lawyers featured in ''America's Top Trial Lawyers: Who They Are & Why They Win,'' by Don Vinson. He was named the top litigator in 1996 in a worldwide poll of attorneys. In 2006, the ''
National Law Journal
''The National Law Journal'' (NLJ) is an American legal periodical founded in 1978. The NLJ was created by Jerry Finkelstein, who envisioned it as a "sibling newspaper" of the ''New York Law Journal''.
Originally a tabloid-sized weekly newspa ...
'' featured him as one of the top ten litigators in the United States.
In 2015, the 50th anniversary of Susman's election as Editor-in-Chief of the ''
Texas Law Review
The ''Texas Law Review'' is a student-edited and -produced law review affiliated with the University of Texas School of Law (Austin). It ranks number 6 on Washington & Lee University's list, number 11 on Google Scholar's list of top publications i ...
'', the Texas Law Review Association established a scholarship in his name.
In 2016, Susman was one of six lawyers recognized by the ''
American Lawyer
''The American Lawyer'' is a monthly legal magazine and website published by ALM Media. The periodical and its parent company, ALM (then American Lawyer Media), were founded in 1979 by Steven Brill. ''Who's Who Legal: The International Who's Who of Business Lawyers'' twice named him the Leading Commercial Litigator in the World. Susman was consistently among ''Super Lawyers''’ top 10 most-voted-for attorneys. In 2019, the legal media company ''Lawdragon'' inducted him into its Hall of Fame.
Related work
Susman developed trial agreements with the purpose of reducing litigation costs for both sides and bringing cases to trial more efficiently. As a result of Susman's belief in a contingency-fee model and the law firm efficiency necessary to make it work, in 2012 he launched "Trial by Agreement" as a repository of pre-trial and trial agreements that lawyers can use to reduce the expense of unwarranted
discovery
Discovery may refer to:
* Discovery (observation), observing or finding something unknown
* Discovery (fiction), a character's learning something unknown
* Discovery (law), a process in courts of law relating to evidence
Discovery, The Discover ...
and associated motions.
Among his professional affiliations (2013–16) were
State Bar of Texas
The State Bar of Texas (the Texas Bar) is an agency of the judiciary under the administrative control of the Texas Supreme Court. It is responsible for assisting the Texas Supreme Court in overseeing all attorneys licensed to practice law in T ...
(Chairman, Section on Antitrust and Trade Regulation, 1976–77); the American Board of Trial Advocates (co-Chair of its Jury Trial Committee);
American Bar Association
The American Bar Association (ABA) is a voluntary bar association of lawyers and law students, which is not specific to any jurisdiction in the United States. Founded in 1878, the ABA's most important stated activities are the setting of acad ...
, member of the commission on the Impact of the Economic Crisis on the Profession and Legal Needs (Section of Antitrust Law); Director of Texas Association of Civil Trial and Appellate Specialists;
University of Texas MD Anderson Cancer Center
The University of Texas MD Anderson Cancer Center (colloquially MD Anderson Cancer Center) is a comprehensive cancer center in Houston, Texas. It is the largest cancer center in the U.S. and one of the original three comprehensive cancer centers ...
Board of Visitors; and Charter Member of the Institute for Responsible Dispute Resolution.
Susman founded and was Executive Director of the Civil Jury Project, dedicated to studying civil jury trials and trying to stem their decline, at the
New York University School of Law
New York University School of Law (NYU Law) is the law school of New York University, a private research university in New York City. Established in 1835, it is the oldest law school in New York City and the oldest surviving law school in Ne ...
, and an Adjunct Professor there, occasionally teaching the course, "How to Try a Jury Case Intelligently."
Charitable giving
In May 2010, the University of Texas announced a $5 million gift from alumnus Susman in support of the university's law school. In recognition of this gift, the Board of Regents, the governing body for The University of Texas System, established the Stephen D. Susman Academic Center, which opened in August of the same year, and which Dean
Lawrence G. Sager
Lawrence Gene Sager (born 1941) is a former dean of the University of Texas School of Law. He holds the Alice Jane Drysdale Sheffield Regents Chair. Sager, who joined the Law School faculty in 2002, is the 13th dean in the Law School's 123-year ...
described the center as "the heart of the UT Law Enterprise."
In December 2011, Yale University announced an $11 million gift from alumnus Susman in support of new exhibition space at the
Yale University Art Gallery
The Yale University Art Gallery (YUAG) is the oldest university art museum in the Western Hemisphere. It houses a major encyclopedic collection of art in several interconnected buildings on the campus of Yale University in New Haven, Connecticut. ...
. The newly renovated art gallery re-opened on December 12, 2012.
Along with his wife
Ellen
Ellen is a female given name, a diminutive of Elizabeth, Eleanor, Elena and Helen. Ellen was the 609th most popular name in the U.S. and the 17th in Sweden in 2004.
People named Ellen include:
*Ellen Adarna (born 1988), Filipino actress
*Ellen A ...
, Stephen Susman sat on the boards of many arts organizations, including the 2015-2016 National Leadership Board of the
Blanton Museum of Art
The Jack S. Blanton Museum of Art (often referred to as the Blanton or the BMA) at the University of Texas at Austin is one of the largest university art museums in the U.S. with 189,340 square feet devoted to temporary exhibitions, permanent coll ...
in
Austin, Texas
Austin is the capital city of the U.S. state of Texas, as well as the county seat, seat and largest city of Travis County, Texas, Travis County, with portions extending into Hays County, Texas, Hays and Williamson County, Texas, Williamson co ...
. Through the Susman Family Foundation, the couple has made financial gifts to
The Aspen Institute
The Aspen Institute is an international nonprofit organization founded in 1949 as the Aspen Institute for Humanistic Studies. The institute's stated aim is the realization of "a free, just, and equitable society" through seminars, policy programs ...
, and other programs and non-profit organizations related to the arts, justice, and the environment. He endowed the Karen & Stephen Susman Hall, Slifka Center for Jewish Life at Yale University, the Harry Susman Summer Scholarship in Israel Scholarship at Yale, and founded the Helen D. Susman Woman of Prominence Award at the American Jewish Community.
Death
On April 22, 2020, Susman sustained serious head injuries in a bicycling accident in Houston's Old Braeswood neighborhood, and was admitted to
Memorial Hermann–Texas Medical Center
Memorial Hermann–Texas Medical Center is a nationally ranked hospital at the Texas Medical Center. It is the first hospital founded in the Texas Medical Center in Houston, Texas (and its founding predates the Texas Medical Center). Founded in 19 ...
in Houston. He was in a
coma
A coma is a deep state of prolonged unconsciousness in which a person cannot be awakened, fails to respond normally to painful stimuli, light, or sound, lacks a normal wake-sleep cycle and does not initiate voluntary actions. Coma patients exhi ...
for more than a week, and continued to be in a critical condition. After Susman came out of the coma, was moved to TIRR Memorial Hermann rehabilitation hospital, and was making progress in his rehabilitation, he contracted
COVID-19
Coronavirus disease 2019 (COVID-19) is a contagious disease caused by a virus, the severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2). The first known case was identified in Wuhan, China, in December 2019. The disease quickl ...
on June 24, during the
COVID-19 pandemic in Texas
The COVID-19 pandemic in Texas is a part of the ongoing viral pandemic of coronavirus disease 2019 (COVID-19), a novel infectious disease caused by severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2). The state of Texas confirmed its ...
. He died on July 14, 2020.
Dick Sayles of
Bradley Arant Boult Cummings
Bradley Arant Boult Cummings LLP is a law firm based in Birmingham, Alabama. In addition to its Birmingham office, Bradley also has offices in Charlotte, North Carolina; Houston, Texas; Dallas, Texas; Huntsville, Alabama; Jackson, Mississippi; ...
, who faced him at trial, said: "I've known a lot of lawyers and I've been around a long time, and Steve is a legend and he deserves to be known as a legend. He was a terrific lawyer, he was the most formidable adversary, and he was a terrific friend." Tom Melsheimer of
Winston & Strawn
Winston & Strawn LLP is an international law firm. Headquartered in Chicago, it has nearly 800 attorneys in ten offices in the United States and six offices in Europe and Asia. Founded in 1853, it is one of the largest and oldest law firms in Chic ...
described Susman as "almost indisputably the smartest trial lawyer who ever lived," and a "Shakespeare when it came to the use of the F-word."
See also
*
List of law clerks of the Supreme Court of the United States (Seat 1)
A ''list'' is any set of items in a row. List or lists may also refer to:
People
* List (surname)
Organizations
* List College, an undergraduate division of the Jewish Theological Seminary of America
* SC Germania List, German rugby unio ...