Stephen Susman
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Stephen Daily Susman (January 20, 1941 – July 14, 2020) was an American
commercial Commercial may refer to: * (adjective for) commerce, a system of voluntary exchange of products and services ** (adjective for) trade, the trading of something of economic value such as goods, services, information or money * a dose of advertising ...
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 multinational semiconductor company headquartered in Dallas, Texas. It is one of the top 10 semiconductor companies worldwide based on sales volume. The company's focus is on developing analog ...
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 the coronavirus SARS-CoV-2. In January 2020, the disease spread worldwide, resulting in the COVID-19 pandemic. The symptoms of COVID‑19 can vary but often include fever ...
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 the U.S. state of Texas and in the Southern United States. Located in Southeast Texas near Galveston Bay and the Gulf of Mexico, it is the county seat, seat of ...
, Texas, and grew up in the Riverside neighborhood in the city, at a time when Jewish families such as his were barred by
deed restriction A covenant, in its most general and historical sense, is a solemn promise to engage in or refrain from a specified action. Under historical English common law, a covenant was distinguished from an ordinary contract by the presence of a seal. B ...
s from living in
River Oaks River Oaks is a residential community located in the center of Houston, Texas, United States. Located within the 610 Loop and between Downtown and Uptown, the community spans .Archive Established in the 1920s by brothers Will Hogg and Michael ...
, the city's most expensive neighborhood. His father, Harry, was a graduate of
Yale Law School Yale Law School (YLS) is the law school of Yale University, a Private university, private research university in New Haven, Connecticut. It was established in 1824. The 2020–21 acceptance rate was 4%, the lowest of any law school in the United ...
where he was Editor of the ''
Yale Law Journal ''The Yale Law Journal'' (YLJ) is a student-run law review affiliated with the Yale Law School. Published continuously since 1891, it is the most widely known of the eight law reviews published by students at Yale Law School. The journal is one ...
'', and practiced law in Houston until his death of a
bleeding ulcer Peptic ulcer disease is when the inner part of the stomach's gastric mucosa (lining of the stomach), the first part of the small intestine, or sometimes the lower esophagus, gets damaged. An ulcer in the stomach is called a gastric ulcer, while ...
at the age of 50. His mother, Helene Daily Susman, 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 in the United States, law school of the University of Texas at Austin, a public university, public research university in Austin, Texas. According to Texas Law’s American Bar ...
, 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 in the United States, law school of the University of Texas at Austin, a public university, public research university in Austin, Texas. According to Texas Law’s American Bar ...
. 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). The ''Review'' publishes seven issues per year, six of which include articles, book reviews, essays, commentaries ...
'' and clerked for a Supreme Court Justice. His first wife, Karen Hyman Susman, from
Austin, Texas Austin ( ) is the List of capitals in the United States, capital city of the U.S. state of Texas. It is the county seat and most populous city of Travis County, Texas, Travis County, with portions extending into Hays County, Texas, Hays and W ...
, 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 the List of municipalities in Colorado#Home rule municipality, home rule city that is the county seat and the List of municipalities in Colorado, most populous municipality of Pitkin County, Colorado, United States. The city population ...
, Houston, Napa, and New York City.


Education

Susman attended
Yale University Yale University is a Private university, private Ivy League research university in New Haven, Connecticut, United States. Founded in 1701, Yale is the List of Colonial Colleges, third-oldest institution of higher education in the United Stat ...
, 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 Sout ...
'' 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 in the United States, law school of the University of Texas at Austin, a public university, public research university in Austin, Texas. According to Texas Law’s American Bar ...
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). The ''Review'' publishes seven issues per year, six of which include articles, book reviews, essays, commentaries ...
'', graduated first in his class with the highest
grade point average Grading in education is the application of standardized Measurement, measurements to evaluate different levels of student achievement in a course. Grades can be expressed as letters (usually A to F), as a range (for example, 1 to 6), percentage ...
in the school's history, was a member of the
Order of the Coif The Order of the Coif () is an American honor society for law school graduates. The Order was founded in 1902 at the University of Illinois College of Law. The name is a reference to the ancient English order of trial lawyers, the serjeants-at-la ...
, 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 one of the 13 United States courts of appeals. It has appellate jurisdiction over the U.S. district courts in the following federal judicial districts: ...
, 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 Supreme Court of the United States, ass ...
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 Federal tribunals in the United States, U.S. federal court cases, and over Stat ...
.


Legal career

Returning to Texas, Susman joined the law firm of
Fulbright & Jaworski Fulbright & Jaworski was founded in Houston, Texas, in 1919 by Rufus Fulbright. Fulbright & Jaworski represented clients in the energy, financial, and healthcare industries. As trustees of the M.D. Anderson Foundation, Fulbright & Jaworski partn ...
(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 for ...
class action A class action is a form of lawsuit. Class Action may also refer to: * ''Class Action'' (film), 1991, starring Gene Hackman and Mary Elizabeth Mastrantonio * Class Action (band), a garage house band * "Class Action" (''Teenage Robot''), a 2002 e ...
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 ma ...
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 multinational semiconductor company headquartered in Dallas, Texas. It is one of the top 10 semiconductor companies worldwide based on sales volume. The company's focus is on developing analog ...
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 t ...
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" or "Bob" 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 Combine painting, Combines (1954 ...
.”).Terry Carter (February 1, 2008)
"The G-Man"
''ABA Journal''; accessed July 15, 2020.
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
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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 M ...
in his divorce trial. Susman split his time between his firm's Houston and New York offices. Susman Godfrey represented
Dominion Voting Systems Dominion Voting Systems Corporation is a North American company that produces and sells electronic voting hardware and software, including voting machines and tabulators, in Canada and the United States. The company's headquarters are in Toro ...
in defamation litigation against parties including My Pillow Guy, Fox News, Newsmax, Rudy Giuliani, and Sydney Powell, over claims that the company's voting machines had fraudulently tabulated votes in the 2020 presidential election. The FoxNews lawsuit resulted in a $787.5 million settlement. The other lawsuits are pending. Susman Godfrey was among nine Texas law firms that filed an amicus brief last week challenging a previous executive order by President Trump. The brief asked federal courts to strike down the order, which targeted the firm Perkins Coie, arguing it was an illegal attempt by the President to punish law firms for representing clients or causes he opposed. April 10, 2025, President Trump signed an executive order targeting the firm for what it called "weaponization of government or actions of lawfare."


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 new ...
'' 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). The ''Review'' publishes seven issues per year, six of which include articles, book reviews, essays, commentaries ...
'', the Texas Law Review Association established a scholarship in his name. In 2016, Susman was one of six lawyers recognized by the '' American Lawyer'' for his lifetime achievements as a trial lawyer. As of 2019, ''The Best Lawyers in America'' had listed him in each of its 20 years of publication. ''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 Discovery ...
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 ...
(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 association, voluntary bar association of lawyers and law students in the United States; national in scope, it is not specific to any single jurisdiction. Founded in 1878, the ABA's stated acti ...
, 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 and autonomous university of the University of Texas System in Houston, Texas. It is the largest cancer center in the w ...
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 The 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 was the first law school established in New York City and is the oldest survivin ...
. He was 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 an art museum in New Haven, Connecticut. It houses a major encyclopedic collection of art in several interconnected buildings on the campus of Yale University. Although it embraces all cultures and period ...
. 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 (given name), Elizabeth, Eleanor, Elena, and Helen (given name), Helen. Ellen was the 609th most popular name in the U.S. and the 17th in Sweden in 2004. People named Ellen include: * Elle ...
, 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 co ...
in
Austin, Texas Austin ( ) is the List of capitals in the United States, capital city of the U.S. state of Texas. It is the county seat and most populous city of Travis County, Texas, Travis County, with portions extending into Hays County, Texas, Hays and W ...
. 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. It is headquartered in Washington, D.C., but also has a campus in Aspen, Colorado, its original home. Its stated miss ...
, 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 Nociception, respond normally to Pain, painful stimuli, light, or sound, lacks a normal Circadian rhythm, sleep-wake cycle and does not initiate ...
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 the coronavirus SARS-CoV-2. In January 2020, the disease spread worldwide, resulting in the COVID-19 pandemic. The symptoms of COVID‑19 can vary but often include fever ...
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 more than 975 attorneys spread across ten offices in the United States and five offices in Europe, Asia, and South America. Founded in 1853, it is one of the large ...
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 a set of discrete items of information collected and set forth in some format for utility, entertainment, or other purposes. A list may be memorialized in any number of ways, including existing only in the mind of the list-maker, bu ...


References


External links


Twitter page"Ethics Charges Against House Speaker Wright,"
C-span, May 23, 1989 (''video'')
"Speaker Wright & Atty. Stephen Susman,"
C-span, May 23, 1989 (''video'')
"Executive Power and the Constitution,"
The Aspen Institute, C-span, July 17, 2014 (''video'')
"The Right to Civil Jury Trials,"
The Aspen Institute, C-span, July 9, 2015 (''video'')
"Risky Business; Stephen D. Susman on contingency fees and the new wave of litigation funding for law firms,"
''The Practice'', Volume 5 • Issue 6 • September/October 2019, Center on the Legal Profession, Harvard Law School (''interview''). {{DEFAULTSORT:Susman, Stephen 1941 births 2020 deaths Law clerks of the Supreme Court of the United States Yale University alumni University of Texas School of Law alumni New York University School of Law faculty People from Aspen, Colorado Lawyers from New York City 20th-century American lawyers 21st-century American lawyers Lawyers from Houston Trial lawyers American Jews American lawyers American people of German-Jewish descent American people of Polish-Jewish descent American people of Russian-Jewish descent Deaths from the COVID-19 pandemic in Texas