Houston Chronicle

Bank loses probate verdict

- By Mark Curriden THE TEXAS LAWBOOK

A Dallas jury has issued a $4 billion verdict against JPMorgan Chase in the largest probate damage award in Texas history.

A six-person jury ruled that JPMorgan Chase negligentl­y, fraudulent­ly and maliciousl­y squandered millions of dollars from the $25 million estate of longtime informatio­n technology icon Max D. Hopper, who is widely credited with bringing the major airlines’ ticketing systems into the informatio­n age.

The jury awarded nearly $5 million in actual damages and $4 billion in punitive damages to Hopper’s wife and his two children.

Hopper’s wife, Jo N. Hopper, sued JPMorgan Chase, claiming that the bank’s “lack of due diligence” and “continued failures have deprived the heirs of a full and proper distributi­on of the estate’s assets” since he died in 2010. Hopper’s children and legal heirs, Dr. Stephen Hopper and Laura Wassmer, joined the lawsuit against the bank.

Max Hopper worked at Fort Worth-based Ameri-

can Airlines for nearly 24 years.

“Mrs. Hopper asked the jury to send a message loud enough for JPMorgan to hear it all the way to Park Avenue in Manhattan,” said Alan Loewinsohn, lead attorney for Jo Hopper. “Hopefully, that message has been received.”

The jury heard four weeks of testimony and arguments and then deliberate­d for nearly five hours before awarding $1 million in actual damages and $2 billion in punitive damages to Jo Hopper and $1.8 million in actual damages and $1 billion in punitive damages to each of the children.

In a written statement, Jo Hopper said, “surviving Stage 4 lymphoma cancer was easier than dealing with this bank and its estate administra­tion.”

JPMorgan Chase did not respond to requests for comment.

“Throughout the estate administra­tion, the heirs asked the bank about various aspects of the estate administra­tion, and the bank repeatedly informed the heirs that it was properly administer­ing the estate,” Anthony Vitullo, who represents Stephen Hopper and Wassmer, stated in court documents. “It is now clear that this was false.

“The bank continues to deplete the estate assets and the heirs’ inheritanc­e. Wholly disregardi­ng its fiduciary duty to the heirs, the bank has held assets that undeniably belong to the heirs hostage,” said Vitullo, who is a partner at Fee, Smith, Sharp & Vitullo.

Vitullo argued that JPMorgan Chase spent $3 million of the estate’s funds to pay lawyers to handle services that the bank was contractua­lly obliged to perform.

“The bank’s goal is clear and simple: It seeks to batter the heirs into submission with its billions of dollars in resources,” he argued.

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