Jenner & Block Secures Largest Civil Jury Verdict in Michigan History for Consumers Energy and DTE Electric
News
January 5, 2026
On December 18, Jenner & Block secured a landmark jury verdict of $394,424,138 for clients Consumers Energy Company and DTE Electric Company in the US District Court for the Eastern District of Michigan, representing what is believed to be the largest civil jury verdict in Michigan history.
In Consumers Energy Company and DTE Electric Company v. Toshiba America Energy Systems Corporation and Toshiba Corporation, the jury found that Toshiba America Energy Systems breached its warranties and other contractual duties in overhauling the Ludington Pumped Storage Plant—one of the world's largest hydroelectric facilities of its type. Consumers Energy and DTE Electric, Michigan’s two largest electric utilities, co-own the Ludington plant in northwest Michigan.
The jury awarded $383,136,736 in damages for Toshiba's breaches of contract, plus $11,287,402 in liquidated damages for late work. The jury rejected Toshiba's affirmative defenses and counterclaim, holding Toshiba accountable for its failure to uphold its contractual warranty. The jury verdict represents a key win for Consumers Energy and DTE Electric customers across the state of Michigan. In a joint statement on the verdict, the utilities noted: “We hold ourselves and our contractors to the highest standards . . . and feel validated the jury agreed Toshiba did not meet those standards. We will continue to operate the Ludington Pumped Storage plant reliably and will always go to bat for our customers.”
The case involved complex legal issues, technical engineering matters, and electricity markets and regulation.
The team was led by Partners Terri Mascherin, Dan Weiss, and Tom O’Neill. Partners Chris Tompkins and Huiyi Chen, and Associate Regina Wood also played key roles at trial and throughout the development of the case. Associates Kiara Goodwine, Lauren Spungen, and Benjamin Love provided critical contributions before and during trial. Paralegals Sandra Mielke Gentile, Michael Hughes, Natalia Glinzler, Sydney Borden, and Eleanor Jenkins contributed essential case management and trial preparation. Other important contributors included Partners Cliff Berlow and Miwa Shoda, and Associates Jocelyn Sitton and Jacob Wentzel.
The team worked alongside Michigan counsel Patrick Seyferth, Derek Linkous and Tom Cribbins of Bush Seyferth PLLC.
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© 2026 Jenner & Block LLP. Attorney Advertising. Jenner & Block LLP is an Illinois Limited Liability Partnership including professional corporations. This publication, presentation, or event is not intended to provide legal advice but to provide information on legal matters and/or firm news of interest to our clients and colleagues. Readers or attendees should seek specific legal advice before taking any action with respect to matters mentioned in this publication or at this event. The attorney responsible for this communication is Brent E. Kidwell, Jenner & Block LLP, 353 N. Clark Street, Chicago, IL 60654-3456. Prior results do not guarantee a similar outcome. Jenner & Block London LLP, an affiliate of Jenner & Block LLP, is a limited liability partnership established under the laws of the State of Delaware, USA and is authorised and regulated by the Solicitors Regulation Authority with SRA number 615729. Information regarding the data we collect and the rights you have over your data can be found in our Privacy Notice. For further inquiries, please contact dataprotection@jenner.com.
News
January 5, 2026
On December 18, Jenner & Block secured a landmark jury verdict of $394,424,138 for clients Consumers Energy Company and DTE Electric Company in the US District Court for the Eastern District of Michigan, representing what is believed to be the largest civil jury verdict in Michigan history.
In Consumers Energy Company and DTE Electric Company v. Toshiba America Energy Systems Corporation and Toshiba Corporation, the jury found that Toshiba America Energy Systems breached its warranties and other contractual duties in overhauling the Ludington Pumped Storage Plant—one of the world's largest hydroelectric facilities of its type. Consumers Energy and DTE Electric, Michigan’s two largest electric utilities, co-own the Ludington plant in northwest Michigan.
The jury awarded $383,136,736 in damages for Toshiba's breaches of contract, plus $11,287,402 in liquidated damages for late work. The jury rejected Toshiba's affirmative defenses and counterclaim, holding Toshiba accountable for its failure to uphold its contractual warranty. The jury verdict represents a key win for Consumers Energy and DTE Electric customers across the state of Michigan. In a joint statement on the verdict, the utilities noted: “We hold ourselves and our contractors to the highest standards . . . and feel validated the jury agreed Toshiba did not meet those standards. We will continue to operate the Ludington Pumped Storage plant reliably and will always go to bat for our customers.”
The case involved complex legal issues, technical engineering matters, and electricity markets and regulation.
The team was led by Partners Terri Mascherin, Dan Weiss, and Tom O’Neill. Partners Chris Tompkins and Huiyi Chen, and Associate Regina Wood also played key roles at trial and throughout the development of the case. Associates Kiara Goodwine, Lauren Spungen, and Benjamin Love provided critical contributions before and during trial. Paralegals Sandra Mielke Gentile, Michael Hughes, Natalia Glinzler, Sydney Borden, and Eleanor Jenkins contributed essential case management and trial preparation. Other important contributors included Partners Cliff Berlow and Miwa Shoda, and Associates Jocelyn Sitton and Jacob Wentzel.
The team worked alongside Michigan counsel Patrick Seyferth, Derek Linkous and Tom Cribbins of Bush Seyferth PLLC.
Related Attorneys
© 2026 Jenner & Block LLP. Attorney Advertising. Jenner & Block LLP is an Illinois Limited Liability Partnership including professional corporations. This publication, presentation, or event is not intended to provide legal advice but to provide information on legal matters and/or firm news of interest to our clients and colleagues. Readers or attendees should seek specific legal advice before taking any action with respect to matters mentioned in this publication or at this event. The attorney responsible for this communication is Brent E. Kidwell, Jenner & Block LLP, 353 N. Clark Street, Chicago, IL 60654-3456. Prior results do not guarantee a similar outcome. Jenner & Block London LLP, an affiliate of Jenner & Block LLP, is a limited liability partnership established under the laws of the State of Delaware, USA and is authorised and regulated by the Solicitors Regulation Authority with SRA number 615729. Information regarding the data we collect and the rights you have over your data can be found in our Privacy Notice. For further inquiries, please contact dataprotection@jenner.com.
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