For Your Data Sletteland V. Roberts Example Brief
November 14, 2020
Edit
Sletteland v. Roberts representative brief summary
xvi P.3d 1062
SYNOPSIS: Plaintiff appealed, too defendants cross-appealed, First Judicial District Court, Lewis too Clark County (Montana), judgment for plaintiff on his complaint that accused swain unopen corporation shareholders charged excessive legal fees too for defendants on their counterclaim that plaintiff brought the adapt inward bad faith, damaging the corporation.
FACTS:
-Plaintiff too defendants were shareholders too directors of an unloose energy production unopen corporation involved inward a express partnership amongst a larger company.
-The partnership understanding gave the express partner, the other company, approving ability over legal endure performed past times defendants for the partnership.
-When plaintiff vicious out amongst the others, he sued, challenging fees charged past times defendants equally excessive. -The adapt derailed the partnership's financing plans, too defendants counterclaimed for breach of fiduciary duty.
ANALYSIS:
-The courtroom institute an abuse of discretion inward the trial court's reduction of defendants' legal fees, because the contract gave the express partner responsibleness for this decision too the amounts were reasonable given defendants' expertise.
-It affirmed the honor of damages to defendants on their counterclaim, however, because substantial evidence inward the tape indicated that the trial was either deliberately or negligently timed to impairment the financing efforts.
-The courtroom stated that the P was negligent too breached his fiduciary duty to BCI too his swain shareholders past times the timing of his filing of the lawsuit.
HOLDING:: The courtroom reversed judgment that defendants overcharged, because contract amongst 3rd political party gave it ability to approve fees to defendants too evidence inward the tape supported their reasonableness. It affirmed judgment for defendants on their counterclaim, because substantial evidence supported finding, likewise equally damages determination.
---
Interested inward learning how to become the meridian grades inward your police delineate schoolhouse classes? Want to larn how to report smarter than your competition? Interested inward transferring to a high ranked school?
xvi P.3d 1062
SYNOPSIS: Plaintiff appealed, too defendants cross-appealed, First Judicial District Court, Lewis too Clark County (Montana), judgment for plaintiff on his complaint that accused swain unopen corporation shareholders charged excessive legal fees too for defendants on their counterclaim that plaintiff brought the adapt inward bad faith, damaging the corporation.
FACTS:
-Plaintiff too defendants were shareholders too directors of an unloose energy production unopen corporation involved inward a express partnership amongst a larger company.
-The partnership understanding gave the express partner, the other company, approving ability over legal endure performed past times defendants for the partnership.
-When plaintiff vicious out amongst the others, he sued, challenging fees charged past times defendants equally excessive. -The adapt derailed the partnership's financing plans, too defendants counterclaimed for breach of fiduciary duty.
ANALYSIS:
-The courtroom institute an abuse of discretion inward the trial court's reduction of defendants' legal fees, because the contract gave the express partner responsibleness for this decision too the amounts were reasonable given defendants' expertise.
-It affirmed the honor of damages to defendants on their counterclaim, however, because substantial evidence inward the tape indicated that the trial was either deliberately or negligently timed to impairment the financing efforts.
-The courtroom stated that the P was negligent too breached his fiduciary duty to BCI too his swain shareholders past times the timing of his filing of the lawsuit.
HOLDING:: The courtroom reversed judgment that defendants overcharged, because contract amongst 3rd political party gave it ability to approve fees to defendants too evidence inward the tape supported their reasonableness. It affirmed judgment for defendants on their counterclaim, because substantial evidence supported finding, likewise equally damages determination.
---
Interested inward learning how to become the meridian grades inward your police delineate schoolhouse classes? Want to larn how to report smarter than your competition? Interested inward transferring to a high ranked school?