Civ. R. 53(E): an objecting party to a magistrate's findings of fact must supply the trial court with a transcript of the proceedings before the magistrate. Trial court may not make additional, unsubstantiated findings if there was no such finding made by the magistrate and if the findings are not otherwise supported by the record. Prejudgment interest for breach of contract cases is treated as a matter of law.
Agreements requiring employees to repay training costs to their employers, if they separate from employment before a specified period, have become increasingly familiar in the American workplace. The types of training that are potentially subject to repayment commitments can vary significantly. One source of potential constraints on repayment agreements is the law of restrictive covenants. Typically, such covenants temporarily prohibit employees from competing, post-termination, with their former employers. Another question frequently arising in litigation concerning repayment agreements, is whether the stipulated recoupment amount qualifies as an appropriate measure of damages under contract law for the breach of the service requirement. In cases involving mandatory training and assump...
Markowitz, Herbold, Glade & Mehlhaf PC announced that trial lawyer Renee Rothauge has joined the Portland firm as a shareholder and Chad Colton has joined as an associate. Rothauge, formerly with Bullivant Houser Bailey, will continue practicing intellectual property and business litigation. She has more than 20 years of experience, including cases involving trademark, patent and copyright infringement; partnership and breach- of-contract disputes; and unfair competition and noncompetition agreements.
A former client of troubled lemon-law firm Kimmel & Silverman PC has filed a putative class-action lawsuit against the firm. Since the Pennsylvania firm opened a Maryland office in 2004 to handle breach of contract cases against automobile manufacturers, it has seen a parade of woes, including the departure of its only Maryland attorney in 2005, dozens of cases dismissed for failure of discovery and two federal court opinions rebuking the firm for the way it uses expert witnesses.
Lathrop & Gage announced the promotion of seven attorneys to partner effective Jan. 1. In Kansas City, Ruth Brackney, Cameron Garrison and Pat Kenney were promoted. Brackney has an estate practice, including preparing recommendations on complex estate plans and generation-skipping transfer tax issues and lifetime financial planning for the special needs of children and spouses. Garrison is an intellectual property attorney whose practice focuses on litigation and alternative dispute resolution, as well as counseling clients on a wide variety of intellectual property and technology business issues. Kenney represents clients in commercial litigation in the areas of securities, corporate governance, breach of fiduciary duty, shareholder disputes, noncompetition and non- solicitation covena...
In employment law cases, the power of the law extends far beyond the boundaries of written contracts. Although breach-of-contract claims remain common in the employment law context, there has been a spike in the number of cases in which a former employee alleges that a former employer broke the law even though there is no written contract in place to support that contention. In these cases, the key factor is the reasonable expectations of the parties, and not what the contract says. When an employee has a reasonable expectation of some benefit, that expectation may be enforceable in court. The Oregon Supreme Court has long held that the law imposes a duty of good faith and fair dealing in the performance of every contract. The purpose of the duty of good faith and fair dealing is to eff...
Though the opportunity is welcome, many challenges attend the defense of a corporate client. The representation itself can span a wide range of practices and involve numerous issues that must be evaluated and considered -- especially when defending damages and arguing their mitigation. This article focuses on the management and defense of a corporate client before a jury in cases relating to products liability, negligence, toxic tort, environmental litigation, breach of contract, and commercial litigation, which may involve a sympathetic plaintiff or plaintiffs. Jury perception of a corporate client has been frequently discussed and debated. How a jury perceives the corporate client is an issue that should permeate the defense from the outset of litigation. In truth, corporations can be...
If you watch "Law & Order: Criminal Intent," you've heard the term "forensic accountant" in relation to an investigation of a homicide. A murder investigation as an example may be a bit extreme, but forensic accountants can work on a variety of cases that include fraud, breach of contract, divorce proceedings and bankruptcy.
Former Assessor Bill Postmus filed a claim against San Bernardino County on Wednesday, alleging, among other things, civil-rights violations, breach of contract and malicious prosecution related to criminal and civil cases pending against him. Postmus, 38, who resigned from his elected office Feb. 13 amid allegations of drug possession, drug abuse and corruption in his office, alleges that his resignation was contingent on an oral agreement that an internal investigation of his office would end upon his resignation.
Penn Township lawyer J. Eric Barchiesi announced this week he will be a candidate for one of two openings next year on Westmoreland County's Court of Common Pleas. Barchiesi, 44, has been a lawyer for 20 years, focusing on a civil practice that specializes in personal injury, products liability, medical malpractice, professional liability, breach of contract and discrimination cases.
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