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CONFIDENTIAL

Oct. 23, 1999

Employment Law
Breach of Contract
Wrongful Termination

Confidential

Settlement –  $117,500

Judge

Peter D. Lichtman

Mediator

Marc J. Feder

Court

L.A. Superior Central


Attorneys

Plaintiff

Jack Smart


Defendant

Alisa M. Chevalier


Facts

Plaintiff was a physician's assistant under the terms of written contract for years. The contract entitled plaintiff to compensation that included base wages plus commissions for business generated. Plaintiff was a Lieutenant Commander in the U.S. Coast Guard and was placed on active duty in Haiti. After returning from active service, plaintiff's employer presented him with the ultimatum of agreeing to sign a substantial modification of the employment agreement or be terminated. Plaintiff was terminated.

Settlement Discussions

The parties first engaged in non-binding arbitration. The plaintiff was awarded $78,276 in damages plus attorney fees and costs. The parties then stipulated to subsequent binding arbitration with a minimum of $90,000 and a maximum of $140,000. Thereafter, the parties could not agree on an arbitrator. Later, the case was dismissed and later refiled. The plaintiff made a C.C.P. º998 offer of $115,000.

Injuries

Lost income of $187,231 plus prejudgment interest of $32,766.

Other Information

The settlement was reached approximately one year after the case was filed.


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