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Contracts
Breach of Fiduciary Duty
Breach of Independent Contractor Agreement

Gross v. Neurological Surgery Medical Associates Inc., et al.

Published: Sep. 10, 2011 | Result Date: May 2, 2011 | Filing Date: Jan. 1, 1900 |

Case number: 1200038651 Settlement –  Walk-Away

Court

JAMS


Attorneys

Plaintiff

William E. Gore


Defendant

Byron J. Beam

Edson K. McClellan
(Rutan & Tucker LLP)


Facts

A neurosurgeon and former independent contractor, who worked for Neurological Surgery Medical Associates (NSMA), filed an action against NSMA and its principals, alleging breach of his independent contractor agreement and breach of fiduciary duty. The independent contractor agreement had a prevailing party attorney fees provision.

Contentions

DEFENDANTS' CONTENTIONS:
Defendants argued that NSMA had performed all of its duties pursuant to the contracts at issue.

Settlement Discussions

Plaintiff demanded $1.17 million. There were no defense settlement offers.

Result

After the fourth day of arbitration, the parties reached a walk-away settlement where plaintiff agreed to drop the arbitration and each party took responsibility for their own legal fees and costs.


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