Bill Horton & D’Arcy L.R. Rapp | Davis v. NCAA | $140 Million Verdict

Bill Horton & D’Arcy L.R. Rapp | Davis v. NCAA | $140 Million Verdict

Steve Lowry and Yvonne Godfrey interview trial lawyers Bill Horton and D’Arcy L.R. Rapp about their Dallas trial of Davis v. NCAA, arising from SMU lineman JT Davis’s repeated head impacts from 1955–1959, his later dementia, and a postmortem Boston University diagnosis of stage four CTE after his 2016 death.

CASE SUMMARY:

They discuss securing a $140 million verdict ($30M compensatory, $110M punitive), the NCAA’s historical knowledge of concussion risks through decades of medical literature and internal documents (including a 1933 medical handbook), and how the team simplified complex science and governance evidence using timelines, boards, and themes like control, competitive disadvantage, and “recommendations vs rules.” They address defenses including Alzheimer’s, vascular factors, APOE4 genetic predisposition (framed as eggshell plaintiff), statute-of-limitations discovery issues, and trial strategy, cross-examinations, and damages presentation. (READ MORE)

GUEST BIOS

BILL HORTON: Bill Horton has spent his career fighting for people who the system often overlooks—delivering results that stand among the largest in his field, including a $140 million verdict against the NCAA.

Since earning his law degree in 2001, Bill has helped clients across Arkansas and the country secure justice against corporations, insurers, and powerful institutions. His work spans catastrophic injury, wrongful death, trucking litigation, class actions, and complex cases where the stakes are highest.

Raised in Van Buren, Arkansas, Bill’s path into law was shaped early. “Growing up poor, it became clear that the system wasn’t fair for folks like me—and I wanted to change that,” he says. That perspective still drives his work today. (READ MORE)

D’Arcy L.R. Rapp: D’Arcy L.R. Rapp is an attorney at Shrader & Associates, LLP. She focuses her practice on mesothelioma, neurodegenerative disease, and toxic exposure. She has more than a decade of experience in fighting for people who have been injured by the negligence of corporations. She is an experienced trial lawyer with an extensive history in mesothelioma cases and has been involved at every stage of litigation, trying cases in more than eleven states. With well over fifty-million-dollars recovered on the behalf of her clients, she is dedicated to fighting for justice

While a majority of D’Arcy’s litigation experience is related to mesothelioma, she has handled cases across a variety of practice areas. Her expert opinion has been sought after by multiple publications. She was published in the Elgar Encyclopedia of Environmental Law on her work, as well as in Gender Race & Just on the subject of non-biological, non-adoptive parents in Arkansas, Florida, Mississippi, and Utah. (READ MORE)

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Show Sponsors:

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Production Team:

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Free Resources:

Stages Of A Jury Trial - Part 1

Stages Of A Jury Trial - Part 2

FIND A FAVORITE SPOT IN THIS EPISODE:

00:00 Welcome and Introductions

01:41 Case Overview and Verdict

03:34 Meet Bill and D'Arcy

05:39 JT Davis Story and Diagnosis

08:26 Building the CTE Case

13:19 Simplifying for the Jury

17:51 Trial Team Dynamics

21:38 NCAA Knowledge Timeline

28:25 Who Controls the NCAA

33:45 Statute of Limitations Fight

39:55 BU CTE Brain Donation

41:51 Defense Alternate Causes

42:22 APOE4 Eggshell Strategy

45:54 Recommendations Versus Rules

46:40 Cross Exam Admissions

50:59 In Court Out Of Court

53:26 Unpaid CTE Expert

56:25 Medical Historian Timeline

58:32 Sticker Timeline Method

01:01:15 Damages Storytelling

01:05:56 Punitive Damages Pitch

01:08:54 Jury Feedback Credibility

01:11:11 Simplify Complex Trials

01:12:54 Closing Thanks Credits

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