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Barnes & Barnes Defeats Motion to Dismiss Breach of Contract Claim

by | Breach of Contract

Barnes & Barnes recently achieved an important victory in a case involving breach of a severance agreement. The client, a senior executive, is suing his former employer who refused to pay a six-figure severance despite the fact that the client complied with the terms of the agreement.

In an effort to avoid the payment, the former employer alleged there was no signed agreement between the parties and moved to dismiss the breach of contract claim. In opposition, our firm argued that even if there was no signed agreement, the parties acknowledged the validity of the purportedly unexecuted contract. We utilized text messages and emails between the client and the employer and the employer’s attorney to demonstrate that the parties intended to, and believed they did, enter into the severance agreement. Accordingly, we argued, that both parties were bound by the terms of the purportedly unexecuted severance agreement despite the employer’s allegation that the same was never executed. The Court agreed with our arguments and determined that there was sufficient evidence to avoid dismissal and permitted the case to proceed. While the case still must be litigated, this was a crucial win at the preliminary stage of the litigation.

There is an important lesson here: savvy counsel must possess a global perspective on all aspects of a client’s claim so that even if first-blush deficiencies exist (such as the absence of a fully executed contract), there may exist other avenues to achieve success. 

If you are dealing with a breach of contract issue, please contact us to discuss your matter.

Attorney advertising. Prior results do not guarantee a similar outcome.

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