The Law Offices of
David L. Ross P.A.
August 2007
Turner Executive Search, LLC d/b/a Pro Hospitality Search vs. The Addison, Inc.
Duval County Circuit Court Case No.: 16-2007 CA 0003162XXX
Defendant's Attorney: DAVID L. ROSS
Facts: Plaintiff Turner had a contract for services with Defendant Addison for placement of various employees in managerial capacities. Three of the contracted employees which were placed with Defendant did not work out, and were terminated based on non-performance. Turner attempted to collect their percentage of the employees salaries pursuant to contract, and Defendant refused to honor same based on the employees non-performance as staff. Turner immediately brought suit, refusing to accept the non-payment as justified, despite obvious performance deficiencies.
Damages: As a result of the alleged breach of contract, Plaintiff alleged they had suffered monetary damages in an amount in excess of $60,000.00.
Demand: Plaintiff's initial demand following filing of suit was for damages in excess of $60,000.00 as a result of breach of contract. Ultimately, defendant actually offered a settlement package totaling nearly $40,000.00 in monetary damages, as well as severing the contractual relationship. Plaintiff argued it was entitled to the full amount of the (un)specified damages, and somehow wished to continue the contractual relationship, despite the allegations of breach. Defendant filed a Motion to Dismiss, citing contractual provisions preventing the lawsuit from moving forward.
Disposition: Dismissed as of August 2007 hearing.
September 2008
Palm Beach County Jury Trials
The Gab Group, Inc. vs. Unique Addison, Ltd Palm Beach County Circuit Court Case No.: 50 2008 CA 001530 XXXX MB AG
Facts: The subject dispute arose from a contractual obligation between GAB Group, Inc., a promoter/marketing company and Unique Addison, Ltd., a popular restaurant in Boca Raton. Unique retained GAB for various promoting/marketing dates pursuant to a contract in August of 2007, for a limited duration (and automatic renewal, pending the terms of the current contract being met). Part of the contractual obligation was that GAB would provide appropriate documentation to be reimbursed for expenditures in furtherance of the promotions/marketing dates. GAB failed to provide requisite documentation, and attempted to do additional work for Unique following Unique's verbal termination of the contract. GAB then filed suit, alleging they were owed additional monies under the contract.
Damages: GAB claimed they were owed a difference of some $30,000.00, despite not having provided all relevant backup documentation supporting same. Defense counsel argued GAB's failure to provide same was due to the fact said documentation did not exist, and GAB was further attempting to claim non-covered contractual expenditures.
Demand: Plaintiff GAB previously demanded $50,000.00 as full and final settlement of all claims. Defendant Unique, following initial discovery, determined a significantly less amount of money was owed as compensation under the contract.
Disposition: Settled Pre-Mediation for $10,000.00 as full and final settlement of all claims.
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