Contract Disputes

Perhaps the largest portion of our litigation experience involves contract disputes.   

The following are some examples of contract dispute matters litigated by the Firm’s attorneys:

• Michael L. Kirby represented a trust created to pursue claims belonging to a distribution company that was forced into bankruptcy after being terminated by a national direct broadcast satellite entertainment company.  After a hotly contested eight-day arbitration before the American Arbitration Association, the Arbitration Panel issued an award in favor of the Liquidating Trust of more than $9.5 million.  The key issue in the case was an interpretation of the contracts between the distribution company and the national direct broadcast satellite entertainment company. 
• Michael L. Kirby and Jason M. Kirby obtained a dismissal of a San Diego Superior Court action whereby the former CEO of a bank was seeking over $20 million in unpaid compensation.
• Michael L. Kirby and Jason M. Kirby recovered over $500,000 for their client, a California company, following a week long arbitration proceeding in Tampa, Florid arising out of the sale of pharmaceuticals, and defeated all of the plaintiff’s claims.
• Michael L. Kirby and Jason M. Kirby recovered over $500,000 for their client in a contract dispute regarding which party to the contract was required to pay impact fees to the City of Carlsbad.
• Jason M. Kirby prevailed in a breach of contract and fraud arbitration wherein the buyer of a La Jolla business alleged that the seller had misrepresented the financial condition of the business.  The buyer’s promissory note was voided, the sale undone, and all attorneys’ fees awarded to the buyer due to the seller’s misrepresentations