Law Religion Culture Review

Exploring the intersections of law, religion and culture. Copyright by Richard J. Radcliffe. All rights reserved.

Wednesday, January 30, 2008

Chain Reaction.

I do enjoy trials. But if you can win without them, why not?

As a wrote about here, I won a case with a pretrial motion: http://lawreligionculturereview.blogspot.com/search?q=switching+sides (scroll down below this post).

As a result, the court entered judgment for my corporate client against the individual claiming he was owed over a quarter of a million dollars. In addition to ruling that the claimant could recover nothing from my client, the court also ruled that any award to the claimant would be outstripped by the damages the claimant caused my client.

Although my opponent didn't see it coming, this judgment set off a chain reaction.

In another case involving these parties, the corporation had sued the claimant for breaches of fiduciary duties to the corporation. This second matter was set for trial this month--about a month after the first.

So then I took the judgment in the first case and argued that there was no need for a trial in the second. I argued that legal principles called res judicata and collateral estoppel had already established the predicates for the breach of fiduciary duty lawsuit, and the court should simply enter judgment for the corporate plaintiff in excess of five million dollars.

The court agreed, and I obtained my second seven-figure judgment in two months.