Missouri Court of Appeals affirms $3.9 million judgment in favor of TC client.
In December 2008, a St. Charles County jury awarded Thompson Coburn clients RX Recalls, Inc., and Mogil Corp. (which operated under the name Easy Returns Worldwide or “ERW”) a total of $2.3 million on breach of contract claims arising from the companies’ 2003 sale of their assets to Devos Ltd. and Guaranteed Returns (GRX). The contracts gave ERW the right to recover its attorneys fees and other costs of collection. In February 2009, the trial court (the Hon. Ted House) granted ERW’s motion to increase the Judgment to $3.9 million, inclusive of attorneys fees, expert witness fees and prejudgment interest. GRX appealed to the Missouri Court of Appeals, Eastern District. On May 4, 2010, the Court of Appeals affirmed the Judgment and also awarded ERW its additional attorneys fees and other costs of collection incurred during the appeal.
Larry Friedman, a partner in the Business Litigation Practice Group, represented RX Recalls, Inc., and Mogil Corp. and tried the case with associate
Matt Landwehr and legal assistant Rich Polic. Real Estate Practice Group partner
Dugie Baron represented Easy Returns during the 2003 sale and testified at trial in the defendants’ case. Associates
Megan Bauer and Robert Almony worked on pre-trial discovery and research. Trial support staff members Jill Frederking and Jackie Wallach worked on technical support and graphics for the trial. Legal secretaries Heather Waelterman and Lisa Suever also provided assistance with pre-trial preparation. Public Finance partner
Sara Kotthoff prepared the affidavits computing the amounts due for the attorneys fee motions.
Larry Friedman argued the appeal. Business Litigation partners
Booker Shaw and
Jim Erwin provided valuable assistance in preparation of the appeal. Matt Landwehr and counsel
Jennifer Baumann worked on research and drafting for the appeal.
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here for a copy of the court decision.