CSK Defense Team
Miami Partner Haley Kornfield
West Palm Beach Managing Partner Barry Postman
Case Summary
This case arose from a dispute between a company that claimed it developed medical residency programs and a health care center. The Plaintiff alleged that the Defendant made misleading statements about the development of a residency program, interfered with the Plaintiff’s business relationships and benefited from the Plaintiff’s work without paying for it.
The Plaintiff brought claims for negligent misrepresentation, tortious interference and unjust enrichment. Following several pretrial rulings, the case proceeded to trial on the negligent misrepresentation and unjust enrichment claims.
Defense Strategy
The CSK Defense Team focused on whether the Plaintiff could prove that it suffered a financial loss or provided the Defendant with a measurable benefit for which it had not been compensated. Before trial, the defense successfully challenged the Plaintiff’s damages expert. The Court excluded the expert’s testimony after finding that the methodology used to calculate the alleged lost profits was unreliable. As a result, the Plaintiff could not rely on that expert testimony to support such damages at trial.
The defense further established that the Plaintiff had not incurred the expenses it sought to recover and had not presented sufficient evidence of an actual financial loss. The Plaintiff also failed to show that it directly provided the Defendant with a measurable benefit that would support its unjust enrichment claim.
Outcome
After the Plaintiff presented its evidence, the defense asked the Court to resolve the remaining claims before they were submitted to the jury. The Court granted the directed verdict motion, finding that the Plaintiff had not presented sufficient evidence to establish its negligent misrepresentation or unjust enrichment claims.
Final judgment was entered in favor of the Defendant, bringing the litigation to a close. The Court retained jurisdiction to consider the Defendant’s request for taxable costs and attorney’s fees.
Special Thanks
Miami Partner Edward Polk
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