Sale of Business - Canadian Company - Breach of Contract - Unfair Business Practices
Owner of business which manufactured batteries sold company to Canadian Citizens. Terms of sale required ongoing payments by buyers to client for a number of years. Buyers stopped making payments contending they overpaid for the business. Sued buyers for breach of contract and fraudulent inducement. Case settled for monies owed client, nearly $100,000.00.
Real Estate Broker - Employee - Non-Compete - Family Business
Manager of real estate brokerage business, also related through marriage to owners, was sued in nine separate counts, including theft of trade secrets, breach of contract, injunction and defamation, among others. Manager client went to work for another real estate broker. Case settled with no payment being made by client and client relieved of all restrictions on employment in exchange for releasing claim for attorney fees versus former employer and family member owners.
Insurance - Denial of Coverage - Breach of Contract - Intellectual Property - Lost Profits
Sued insurance carrier for failing to defend insured business client in litigation in Kentucky brought by competitor over alleged taking of intellectual property by independent contractor of competitor who went to work for client. Since materials allegedly taken were sales materials related to car dealership promotional marketing asserted on behalf of client that defense should have been provided under advertising injury coverage of insurance policy. Court agreed and entered judgment on that issue in favor of the client. Insurance company also attempted to convince court that their liability should be limited to the $2,000,000.00 in policy limits if they lost at trial rather than all of the damages of the client. On behalf of the client argued, as had been set forth in suit, that insurance company was liable for all damages, not matter the amount, because they had breached the contract with the insured and were therefore liable for all damages that reasonably flowed from that breach. The court agreed. At trial insurance company contended that even if they owed a defense they were not liable for the damages of the client. The client had paid the cost of the defense and some money to the competitor to settle the claim but most significantly had agreed not to compete for four years in this very lucrative area of business. The jury awarded $18,787,500.0, $18,500,000.00 of which was lost profits related to the agreement not to compete for four years.
Breach of Contract - Fee Owed for Professional Services - Aviation
Business client contracted with subsidiary of company publicly traded on the English stock exchange which does business in the United States. The contract was for the client to provide professional services related to the acquisition of fixed base operations at airports, which are what private planes use for services, such as fuel and ground transportation. Fixed base operations were acquired for 72.5 million but fee of 3% not paid to client on grounds that acquisition made through a different subsidiary of publicly traded company. After trial the jury awarded full measure of damages, $3,569,000.00, inclusive of prejudgment interest, plus an additional $520,000.00 in costs and fees awarded for total of $4,089,000.00. Handled with co-counsel and co-counsel tried case. Case on appeal.
Breach of Contract - Cellular Telephone Company - Injunction
A dealer of cell phones for a large telephone company was allegedly in breach of their agreement which permitted them to sell the cell phones because, among other things, they were purporting to have sold phones which they had not sold, assigned a telephone number, put them in storage and took monies for the sales from the telephone company. An emergency injunction was obtained on behalf of the telephone company business client to prohibit the dealer from doing any further business on behalf of the telephone company.
Medical Practice - Covenant Not to Compete - Injunction
Physician employee left practice and set up competing practice nearby. Employee had entered a non-compete with the medical practice business client. Sought an injunction prohibiting violation of the non-compete on behalf of the client. Employee retained Harvard law graduate at cost of $25,000.00 and was assured victory. After lengthy evidentiary hearing court found in favor of client, competing medical practice was closed, and former physician employee worked out of state for balance of period of required non-competition.
Lender - Multi-Million Dollar Loan - Receivership
A large national business lender client loaned many millions of dollars to a business based on inventory and accounts receivable. Client learned that inventory and accounts receivable were not nearly what represented. Sought emergency appointment of receiver for business on behalf of client while keeping business premises under close surveillance so that remaining inventory would not be improperly removed. After lengthy evidentiary hearing receiver was appointed, business was sold and client was able to recoup a substantial amount of the money lent.
Breach of Contract - National Product Manufacturer - Fraudulent Conveyance
Large international manufacturing company business client extended significant credit to business purchaser of product. Purchaser was not making payment for product and client believed purchaser was moving assets to avoid having them taken in satisfaction of a judgment. Brought breach of contract and fraudulent conveyance action on behalf of client and obtained $600,000.00 settlement.
Limited Liability Company Ownership - Non-Competition Agreement - Property Management Company
Owner of a limited liability company ("LLC") property management business who had signed a non-compete left the company and established a competing property management business seeking to do business with customers of the company they left. Departed owner brought suit against the company they left claiming they had interfered with an advantageous business relationship of their new company. Defended case for property management business client and brought counterclaim against departed and competing owner for breach of contract, interference with an advantageous business relationship, specific performance, temporary and permanent injunction and an accounting. Obtained settlement for business client which required departed owner to tender their ownership interest without any compensation, no payment of any kind for any reason to be made by client, and a non-solicitation agreement to be signed by departed owner and two other employees who they had taken with them from business client.
Breach of Contract - ILSA - Developer
Physician brought suit against two limited liability companies and an individual with regard to the purchase of a lot for a medical office for breach of contract and violation of the Interstate Land Sales Full Disclosure Act ("ILSA"). Defended case as co-counsel for all defendants. Obtained dismissal of case without payment of any monies being made by business and individual clients.
Breach of Contract - Time Share - Sales Commissions
Company which marketed time share properties sued time share property owner in two separate suits claiming that they were owed sales commissions. Defended time share property owner business client in both cases and both were dismissed without payment of any kind by business client to sales company.
Employee - Sale of Business - Non-Compete - Competitor
Animal hospital business client purchased dog grooming business of another party and employed them as part of the agreement for purchase. The employee, former business owner, signed a non-compete but left employment, went to work for a company which owned a chain of veterinary clinics, and solicited former customer of grooming business which has been purchased by business client. Brought suit for business client against former employee and business that she went to work for seeking an injunction, damages for breach of contract and other relief. The matter was settled on confidential terms.
Construction Defect - Home - School Teacher
Young school teacher and his wife with a young child purchased their first home. The home was newly built and under construction when the bought it. Not long after the moved in they noticed serious settling problems. Contractor made attempt to resolve issues but ineffective. Suit brought for construction defects and breach of warranty on behalf of teach and his spouse. Six figure settlement obtained on behalf of clients.
Construction - Roofer - Breach of Contract
Represented roofing company business sued for breach of contract by man for whom roofing services performed. Following non-jury trial judgment obtained in favor of client.
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