June 16, 2014 |

Breach of Contract, Arbitration and Attorney Fees

I was retained, shortly before the arbitration, to represent a dentist who was accused of misrepresentation in the sale of her dental practice. We elected not to retain our own expert, instead relying on the testimony of the plaintiff’s “due diligence” expert to support our theory of the case, which is that the plaintiff had failed to ask the right questions, not that our client had failed to disclose information. After a four day arbitration we obtained a decision in favor of our client and, as a result of a subsequent motion for attorney fees (as allowed by the buy-sell agreement) we settled for payment of 100% of our client’s attorney fees.