CSK Defense Team
Miami Partner Frances Allegra
Miami Associate Joshua Molina
Case Summary
This case arose from a consulting agreement involving the federal Employee Retention Credit (ERC) program. The Plaintiff payroll services company alleged that it was retained to prepare and submit ERC filings on behalf of the Defendant, a nonprofit organization, and had been given the exclusive right to handle the Defendant’s eligible credits for 2020 and 2021.
The Plaintiff claimed that the Defendant prevented it from completing the agreed-upon services and failed to pay $132,600 in fees. The Plaintiff sought recovery of the alleged unpaid amount, along with costs, interest, and attorneys’ fees.
Defense Strategy
The CSK Defense Team challenged the Plaintiff’s allegations that the Defendant had violated the consulting agreement or was responsible for the fees being sought.
Throughout the litigation, the Team disputed the Plaintiff’s interpretation of the parties’ contractual obligations and defended against the contract-based claims and requested relief.
Outcome
The Plaintiff voluntarily dismissed the action with prejudice, bringing all claims against the Defendant nonprofit organization to a close and preventing them from being refiled.
The dismissal demonstrates the importance of closely examining the parties’ respective obligations when defending claims arising from specialized consulting agreements.
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