An easy to parrot, hard to apply attorney fee maxim involves the “prevailing party” standard. To get attorneys fees awarded under a statutory or contractual fee-shifting provision, you must “prevail” or win the case. So what happens when your win is a proverbial Pyrrhic one? That is, you win the lawsuit but get only a fraction of the money …
Author Archives: PaulP
Integration Clause Bars Trader’s Commission Claims Against Financial Firm
Integration clauses – also called “merger” clauses – are staples of commercial contracts in diffuse business settings. The Northern District of Illinois recently found that an integration clause in a compensation agreement defeated a futures trader’s claims for unpaid commissions in Colagrossi v. UBS Securities, LLC, 2014 WL 2515131 (N.D.Ill. 2014). The plaintiff alleged that in 2005, he …
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When A Third Party (And Non-Party) Can Enforce An Arbitration Provision
The Northern District compelled arbitration of a multi-count fraud suit filed by a software company against a former salesman and his new employer in Paragon Micro, Inc. v. Bundy, 2014 WL 2441969 (N.D.Ill. 2014). The ex-employee formed his own company and started steering business from his former employer. The former employer sued for computer tampering, breach of …
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