Breach of Contract
Contracts lie at the heart of most business relations. Contracts are frequently in written form, but a contract may also be oral and may be, in certain circumstances, implied by the circumstances or by the law. The attorneys at Hurwitz, Sagarin, Slossberg & Knuff, LLC have frequently represented businesses in connection with claims involving breaches of contract including in the context of the sales of goods. They are able to assess whether there is an enforceable contract between the parties and are also able to assess when a breach of contract may violate other duties, such as those created by the Connecticut Unfair Trade Practices Act (“CUTPA”), which may provide remedies, such as the recovery of attorneys’ fees and punitive damages, in addition to recovery of the actual damages suffered.
Matters in which attorneys at HSSK have represented parties in breach of contract disputes include:
- Represented international and domestic concert promoter in federal court action against purported agent obtaining $1,165,224.04 judgment with respect to breach of contract and CUTPA claim arising from agent’s failure to secure pop singer’s appearance for concert in Philippines. See ALV Events International v. Johnson, 2010 WL 7856715 (D.Conn. Aug. 20, 2010).
- Represented defendants in successful defense of sole member of limited liability company in connection with claim that corporate veil between owner and limited liability company should be pierced. See Optical Design Associates, Inc. v. Sunshine Engineering, LLC, 2010 WL 1495425 (Conn Super. Ct. Mar. 9, 2010).
- Connecticut counsel for property management corporation in successful defense of federal court action in which a commercial resort in Aruba sought to enjoin client property management corporation from enforcing a transfer of money to the resort as loans in the Aruban court. See Aruba Hotel Enterprises N.V. v. Belfonti, et al., 611 F.Supp.2d 203 (D. Conn. 2009).
- Co-counsel representing magazine publisher in action alleging that publisher had breached contract and made misrepresentations in connection with the printing of a book. See SLC Turnberry, Ltd. v. The American Golfer, Inc., 240 F.R.D. 50 (D. Conn. 2007).
- Connecticut counsel for underwriters at Lloyds of London in action by insurer to recover from reinsurers a major portion o the $1.15 billion the insurer had paid to resolve approximately 17,000 asbestos-related claims. See Hartford Accident and Indemnity Co. v. Ace American Reinsurance Co., 40 Conn. L. Rptr. 480, 2005 WL 3663930 (Conn. Super. Ct. Dec. 14, 2005).
- Represented major copper distributors in successful action to collect millions of dollars in unpaid invoices for goods sold and delivered.
- Represented cable tray manufacturer to collect monies in unpaid goods provided for construction project.
- Represented local software company in breach of bundling agreement for use of software in ATM application.
- Co-counsel for aircraft leasing company in litigation and arbitration proceedings alleging breach by major international aerospace manufacturers of contract to implement program to re-engine popular business jet. See Retrofit Partners I, L.P. v. Lucas Industries, Inc., 47 F.Supp. 2d 256 (D. Conn. 1999), aff’d, 201 F.3d 155 (2d Cir. 2000); Lucas Aerospace Ltd. v. Advanced Executive Aircraft Ltd., 292 A.D.2d 201, 738 N.Y.S.2d 211 (App. Div. 2002).
- Represented public corporation in action by former president of corporation alleging breach of alleged termination agreement.
- Represented broker in claim against health benefit plan administrator and its utility company customer for breach of contract, bad faith, unjust enrichment, interference with contract and unfair trade practices which deprived client of fees he earned in placing benefit plan administrator with its customer, a case successfully resolved by settlement. See Feen v. Benefit Plan Administrators, Inc., 28 Conn. L. Rptr. 137, 2000 1398898 (Conn. Super. Ct. Sept. 7, 2000); 1999 WL 33972 (Conn. Super. Ct. Jan. 13, 1999).
- Represented university student in federal action obtaining an injunction to preclude the NCAA and the university from preventing him from participating in university’s basketball program and denying him proffered grant-in-aid. See Phillip v. National Collegiate Athletic Association, 960 F.Supp. 552 (D.Conn. 1997).
- Represented sailboard wholesaler in federal action against retailer for breach of contract and unjust enrichment, obtaining judgment for $344,810.90 plus prejudgment interest at statutory rate of ten percent per year. See Bic Sport USA, Inc. v. Kerbel, 995 F.Supp. 244 (D.Conn. 1997).
- Represent former President and CEO of dermatologic cosmetic company for breach of his employment agreement.
- Represented guarantor on $345 million loan obligation against lending institution efforts to enforce personal guarantee.
- Represented Danish wine distributor in action for breach of supply contract.
- Represented Swiss vodka producer in action for breach of distribution contract.