Zarwin Baum Obtains Summary Judgment And Attorney's Fees In Federal Court Action

January 20, 2009

Zarwin Baum lawyers David McComb and Ryan Harmon recently obtained summary judgment in a breach of contract claim brought over a failed real estate transaction. In its complaint, the plaintiff had sought damages from a Firm client who refused to go forward with a real estate acquisition after learning of environmental issues affecting the property. Relying on the language of the contract, McComb and Harmon argued that their client had properly notified the plaintiff of the environmental issues, and thus was entitled to walk away from the contract without further obligation.

After the court granted summary judgment in their favor and dismissed the complaint, McComb and Harmon successfully petitioned the court to award them the attorney’s fees incurred by their client in defending the action. Although parties usually are not permitted to recover their attorney’s fees in litigation, Zarwin Baum had negotiated with plaintiff to include a provision in the contract requiring the losing party to pay any attorney’s fees and litigation costs.

David McComb and Ryan Harmon are members of the Firm’s Commercial Litigation Group.