Sentences with phrase «quantum meruit»

Delaware Motel Associates v. Capital Crossing Servicing Company, LLC, 2017 WL 4224618 examines the pleading requisites for civil RICO claims and the razor - thin difference between unjust enrichment and quantum meruit claims in a hotel development loan dispute.

Mr. Chodos charged $ 1,000 an hour for his time but had to sue ex-client for quantum meruit recovery based on the absence of a retainer and had a jury award him $ 7.8 million, his lodestar of 1,800 hour for the divorce work plus a multiplier of five — meaning the jury increased his hourly rate to $ 5,000.

Because quantum meruit theory is fundamentally equitable in application (although legal for purposes of the right to a jury trial), the reviewing panel simply found it would be unfair to allow Mr. Chodos to obtain a recovery in excess of the lodestar.

PKG Assoc., Inc. v. Dubb (306 A.D. 2d 333)- finder; statute of frauds; statute of frauds does not preclude licensed real estate broker from recovery in quantum meruit for the reasonable value of their services; broker is not barred from maintaining a lawsuit to recover a finder's fee where, in fact, it has entered into a special contract to act solely as a finder.

Following a bench trial, the trial court ruled that the contractor could not pursue claims for quantum meruit as a matter of law because the repair work was covered under the terms of the express contract between the developer and the contractor.

The lower court then found that about $ 133,000 of the $ 301,927.78 fee award was attributable to prior attorney's work on the case, with prior attorney being allowed to recover his fees on common count and quantum meruit bases.

Even though attorney and client entered into a successful business venture, the attorney's violation of rule 3 - 300 and section 16004 (c) not only resulted in a voiding of the business agreements but also resulted in a loss of quantum meruit recovery by the attorney for the reasonable value of the services he provided to the clients.

Based on quantum meruit, the court found that the consultant was entitled to payment for the six days of training he was required to undergo.

Obtained a defense verdict on all claims in a breach of contract / quantum meruit action in Chester County.

· Former Attorney was allowed quantum meruit for certain work, valuing her time at $ 300 per hour.

When this demand was apparently rebuffed, former attorney filed a contract / quantum meruit suit against client.

Clients moved for summary adjudication on attorney's contractual claims, arguing the contingency agreements were voidable and attorney was only entitled to seek quantum meruit recovery.

[T] he answer is that a claim for quantum meruit lies when the work that the plaintiff performed was wholly beyond the subject matter of the contract that existed between the parties.

In this one, plaintiff won quantum meruit recovery from defendant, but also suffered some defeats — a directed verdict on 5 of 6 claims and an indemnification declaratory relief claim relating to unlicensed contractor disgorgements.

The judge assessed the Appellant's entitlement to be paid for extra work in accordance with the principle of contractual quantum meruit, allowing claims for expenses and extra materials in the net amount of $ 126,371.51.

The repairs «unquestionably involved the same «general subject matter» as the contract» and, therefore, the contractor could not recover in quantum meruit even though it had little chance of success on proving its contract claim for the extra work.

Under Illinois law, however, quantum meruit relief is not available «when a contract exists between the parties concerning the identical subject matter upon which the quasi-contractual claim rests.»

In another interesting turn of events, the Court of Appeal awarded Ariston $ 20,000, not with respect to the commission, but on the basis of quantum meruit with respect to services it provided to the vendor after the expiration of the listing agreement.

See, e.g., Brueningsen, 2015 WL 339671, at * 9 (concluding that since the plaintiffs» «[t] ip entitlement derives solely from the FLSA,» and the plaintiffs did not «show that the FLSA entitles them to the tips,» state claims for «common law [conversion, unjust enrichment, and quantum meruit] claims fail [ed] on the merits»).

Represented hospital against health plan in dispute in which appeals court held that California's quantum meruit standard for services permits the parties to present evidence to the jury to consider a variety of material, which can include the hospital's charges, contracted rates and government rates, among other things, but does not include the costs to render the services at issue.

California is, but in Utah it is a [quantum meruit 00:20:26] or however you want to describe it, as far as you have to add value to the case.

The words quantum meruit literally mean «as much as deserved.»

The court then focused on the procuring cause doctrine and related quantum meruit remedy.

After all, a discharged contingency fee lawyer usually can recover in quantum meruit unless he / she abandons the case or does something else similarly egregious in nature.

The lower court had reduced prior attorney's award by one - half, which was a good quantum meruit gauge for attorney's lien purposes.

Accordingly, by 1621, the Court of King's Bench held that «such promise to pay tantum quantum meruit is certain enough, and he shall make the demand what he deserves, and, if he demand too much, the jury shall abridge it according to their discretion.»

Unjust enrichment allows for recovery when one party derives benefits or property conferred upon it by the other party, while quantum meruit allows for recovery for benefits conferred under an implied contract.

In Led - Mil of Nevada, Inc. v. Skyland Realty and Insurance, Inc., the Supreme Court of Nevada addressed a broker's claims for breach of an oral promise and quantum meruit regarding sales and potential sales of land the broker subdivided for an owner.

The court considered whether «procuring cause» was a necessary element of a Georgia quantum meruit recovery.

The court affirmed that the proper amount due under quantum meruit was the value of the services ($ 3,500), not the full commission amount.

Applying the law to the facts of the case, the contractor's quantum meruit claim sought to recover the cost to repair the same sewer system that it contracted to install.

The Court restated the general rule in Massachusetts that, on discharge, an attorney has no right to recover under a contingent fee agreement, but may recover the reasonable value of his services on a theory of quantum meruit.

Contractual quantum meruit has been around since 1609, when it was invented as a remedy for innkeepers and tailors who neglected to inform their customers of their prices, but whose customers clearly intended to create contractual relations with them.

Interestingly enough, the appellate court disagreed with the trial court's assessment, finding the withdrawal was permissive and was not of a species that should allow for quantum meruit recovery — reversing a lower court's order requiring satisfaction of the lien out of settlement proceeds.

Finally, in Count VI, Mr. Pesina's quantum meruit claim, the plaintiff essentially complains that when he signed the contracts to model for characters of the coin - operated arcade version of Mortal Kombat and Mortal Kombat II, he agreed to inadequate compensation, since the characters went on to appear in the home version of the games.

Although the answer does state that Casemaker «does not claim a copyright in the statutory text and numbering contained in the content of the site,» it nevertheless states counterclaims against Fastcase for unjust enrichment and quantum meruit, and it specifically requests that the court enter judgment on the counterclaim.

Litigation ensued, with the trial court determining that $ 364,110 was a reasonable fee for attorney's services under a quantum meruit measure of recovery (i.e., 1,499 hours at $ 240 per hour).

He did not submit any estimate or substantiation as far as reasonable hours worked on the case, with a bald assertion of having contributed the most value not satisfying his quantum meruit burden in this one.