Sign In
Events
Newsletters
Search

Close

Close Search

Cancel

SEARCH
MY LAW.COMNEW

HA W Fin. Advisors LLC v. Johnson

Pursuant to the terms of an employment agreement, the trial court did not err in finding that the defendant/counterclaim plaintiff was the prevailing party in his former employer's lawsuit against him, even though the jury did not award him any damages, and did not err in awarding him contractual attorney fees and costs.

X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

This appeal from a jury verdict arises out of a dispute between Appellant HAW Financial Advisors, LLC HAW Financial and its former employee, Appellee Allen H. Johnson, Jr., regarding Johnson’s employment agreement and certain promissory notes that he executed in favor of HAW Financial. HAW Financial sued Johnson for breach of the employment agreement and to collect on the notes, and Johnson answered and counterclaimed against HAW Financial for, among other things, breach of certain representations and warranties contained in the employment agreement. HAW Financial’s claims and Johnson’s counterclaims were tried before a jury. The verdict form gave the jury three options: 1 find for HAW Financial and award it damages; 2 find for Johnson and award him damages; or 3 simply find for Johnson. The jury chose the third option, We, the jury, find for Johnson. Following the jury trial, the trial court awarded attorney fees and expenses to Johnson as the prevailing party under the terms of the attorney fees provision of the employment agreement.

HAW Financial now appeals, contending that the trial court erred in denying its motion for a directed verdict. HAW Financial further contends that it should be granted a new trial because the trial court erroneously excluded from evidence an email sent to the company by a federal administrative agency and erroneously instructed the jury on the effect of the merger clause in the employment agreement. Lastly, HAW Financial contends that the trial court erred in awarding contractual attorney fees to Johnson as the prevailing party. For the reasons discussed below, we affirm.

Trending Stories

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

LEARN MORE

More From ALM

Premium Subscription
With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Team Accounts
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Bundle Subscriptions
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
Go to CLE Center
GlobeSt. Multifamily Fall 2024
October 15, 2024
Los Angeles, CA

Join the industry's top owners, investors, developers, brokers & financiers at THE MULTIFAMILY EVENT OF THE YEAR!


Learn More
California Legal Awards 2024
October 15, 2024
Los Angeles, CA

Law.com celebrates the California law firms and legal departments driving the state's dynamic legal landscape.


Learn More
Texas Legal Awards 2024
October 15, 2024
Dallas, TX

The Texas Lawyer honors attorneys and judges who have made a remarkable difference in the legal profession in Texas.


Learn More
Go to Events Go to Webcasts
Attorney Associate

Mid sized NYC Personal Injury Defense Firm seeking to immediately hire several attorneys to join our firm. Preferred candidates are those w...


Apply Now ›
Litigation Associate Attorney

Mid-size Parsippany based law firm with a statewide practice is searching for a full-time motivated associate litigation attorney with 3-5 y...


Apply Now ›
Litigation Associate - Princeton, NJ

Description: Fox Rothschild has an opening in Princeton, NJ for an associate in the Litigation Department. The ideal candidate will have tw...


Apply Now ›
Go to Lawjobs