Contract disputes can turn on the language of an agreement, the parties’ conduct, and the evidence supporting each side’s interpretation. Bochetto Lentz & Heim recently secured a $1.6 million jury verdict in a contract dispute involving attorneys. The case required careful examination of the contractual obligations, the parties’ positions, and the evidence presented at trial.
Contract Dispute Lawyers Secure $1.6M Jury Verdict
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A dispute doesn't end when everyone agrees to stop fighting. It ends when the agreement is in writing, signed, and specific about what it covers. Resolutions unravel months later because the release language is vague. One side assumes it covers every future claim, the other assumes it only covers what's already on the table, and nobody wrote down what happens if either side breaks the new deal. However you get there, whether through negotiation, arbitration, or a courtroom settlement, the resolution itself deserves as much attention as the dispute did. Skip that part, and nothing is resolved. You've bought some time before round two.
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Paul Ryan prevailed at arbitration, securing zero dollar judgment. Paul established that the two agreements were materially different, preventing the plaintiff from proving which contract had been breached. When opposing counsel attempted to reframe the claim as Account Stated, Paul cited Rule 8 of the NC.R.CP, which requires notice for Accounts Stated claims. Without proper notice, the claim remained breach of contract and plaintiff could not prevail.
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One contract had an arbitration clause. The other didn’t. So who decides whether the dispute belongs in arbitration? In Drusch v. Borchers, the Fifteenth Court of Appeals said: the arbitrator. Because the operating agreement left it to the arbitrator to decide scope, the Texas Business Court could not decide whether claims under a separate security agreement fell outside the arbitration. The lesson: An arbitration clause in one contract may control who decides disputes arising under another.
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Stewarts has launched its Children's Arbitration Protocol, setting out the view that arbitration should be considered from the outset in appropriate children disputes. FT Adviser discussed the launch and its arbitration-first approach. Read here: https://lnkd.in/etEhzyht
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Pleased to share a recent Second Department decision affirming the denial of a motion to compel arbitration in a personal injury action arising from a vehicle fire, an appeal I worked on alongside our appellate partner, Matthew Gaier. The Court found that the defendant waived its right to arbitration after participating in the litigation for approximately 18 months, including discovery, court conferences, and an expert inspection of the vehicle, before seeking to compel arbitration. The decision is a useful reminder of the factors courts consider in determining whether a party has waived its right to arbitrate through its litigation conduct.
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A federal judge ruled that a 2019 settlement between Michael Jackson's estate and the Cascio family is still binding, even after a law meant to void old agreements took effect. In this episode, Dallas estate planning attorney Michael B. Cohen covers the arbitration ruling and what the timing of a settlement can mean years down the road. Listen now: https://lnkd.in/gcVJa2DT
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U.S. District Judge Mia Roberts Perez of the Eastern District of Pennsylvania determined that while the plaintiff, a child, agreed to the terms of use on multiple occasions, the child later disaffirmed the terms of use and the defendant failed to present evidence that would invalidate the disaffirmance. Thus, the court determined the plaintiff "cannot be bound by the contract." Patrick Huyett of Anapol Weiss, in Philadelphia, told reporter Riley Brennan that courts are divided over whether disaffirmance reaches a contract’s delegation clause, which is where the arbitration issue comes into play. Huyett said arbitration agreements often include delegation provisions requiring an arbitrator, rather than a court, to decide challenges to the agreement's enforceability. 🔗 https://lnkd.in/gnYRBFWB
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A valuable perspective on how mock arbitrations can help counsel sharpen their presentation and anticipate how a tribunal may respond well before the hearing. An important tool in effective case preparation.
In high-stakes commercial arbitrations, how do you know your arguments will land before the actual hearing? In a new article, NAM neutral Hon. Shira A. Scheindlin (Ret.) explains how mock arbitration exercises let counsel test their case in front of experienced former judges and arbitrators. Counsel come away with candid feedback on how persuasive and clear their presentation is and how a tribunal might react, while there's still time to adjust strategy. As Judge Scheindlin puts it: "The question worth asking is not whether the exercise is expensive, but what it costs to proceed without it." Read the full article: https://lnkd.in/eP668jPF
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In high-stakes commercial arbitrations, how do you know your arguments will land before the actual hearing? In a new article, NAM neutral Hon. Shira A. Scheindlin (Ret.) explains how mock arbitration exercises let counsel test their case in front of experienced former judges and arbitrators. Counsel come away with candid feedback on how persuasive and clear their presentation is and how a tribunal might react, while there's still time to adjust strategy. As Judge Scheindlin puts it: "The question worth asking is not whether the exercise is expensive, but what it costs to proceed without it." Read the full article: https://lnkd.in/eP668jPF
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