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Breach of Contract › Sales Commissions

Lathrop GPM

Seventh Circuit Court of Appeals Affirms District Court’s Partial Dismissal of Complaint for Breach of Distributor Agreement by...

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The Seventh Circuit Court of Appeals recently affirmed a district court’s dismissal of two claims brought by distributors against the medical-device manufacturer Zimmer Biomet. It also affirmed a jury verdict in favor of the...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Massachusetts Superior Court Finds Incentive Payment Under Profit-Sharing Scheme Is Not a Commission Under Wage Act

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On January 31, 2024, in Mehra v. Boston Globe Media Partners, LLC, a Massachusetts Superior Court judge held that a percent-of-profit incentive payment under a profit-sharing scheme is not a commission subject to the...more

Fox Rothschild LLP

Commissions Owed To Employee Depend On The Contract, Notwithstanding That Layoff Was Due To COVID-19 Issues

Fox Rothschild LLP on

I have handled many commission cases, where someone sues, claiming they are owed commissions. The key issue in such cases is to determine if there is a written contract and then to ascertain what the vesting provisions for...more

Jackson Lewis P.C.

Motion Dismissed: At-Will Employee, Laid-Off During COVID-19 Shutdown, Cannot Recover Commissions

Jackson Lewis P.C. on

Relying on the parties’ written employment agreement and compensation plans, a California federal district court held that an at-will employee who was laid off due to COVID-19 could not recover commissions that were not fully...more

Jaburg Wilk

A Listing Agent's Right to Get Paid

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One of the great things about being a real estate agent is that when a transaction closes, the agent gets paid his or her commission regardless of how much time and effort expended by the agent in connection with the...more

Snell & Wilmer

Utah Affirms Again – Implied Covenants, Even Good Faith and Fair Dealing, Do Not Trump Express Covenants

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On October 29, 2019, the Utah Supreme Court issued a rare decision reversing the Utah Court of Appeals. At issue was whether an at-will salesperson who had completed six contracts for sale of television services, and who was...more

Zuckerman Spaeder LLP

Is Employee Out of Commission? Not So Fast, Says Appellate Court

Zuckerman Spaeder LLP on

When an employer changes its contract with an employee, the change should be communicated clearly—and preferably, in writing. Otherwise, the employer may be at risk of finding that the old terms still control. For example,...more

Sheppard Mullin Richter & Hampton LLP

Summary Judgment Horror Story For Stephen King’s Literary Agent

Sheppard Mullin Richter & Hampton LLP on

While many breach of contract cases are resolved by motions to dismiss or summary judgment, a recent decision from the Appellate Division, First Department, Kramer v. Greene, (1st Dep’t Aug. 11, 2016), has shown that when it...more

Carlton Fields

Court Partially Grants And Partially Denies Motion For Summary Judgment In Crop Insurance Commission Dispute

Carlton Fields on

Plaintiff Hudson Insurance Company brought suit against DuRussel Insurance Agency, Inc. and Blue Water Agribusiness LLC concerning the alleged breach of two separate crop insurance contracts issued by Hudson. The first...more

Lewitt Hackman

FRANCHISEE 101: What to Do About Franchisor’s Harmful New Policies

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Franchisees aren't always excited when their franchisor introduces a new policy. But if a new policy overreaches and might doom a franchisee's business, can it be stopped before it starts?...more

Pullman & Comley, LLC

Appellate Court Notes

Pullman & Comley, LLC on

- AC34886 - State v. Bush - AC35418 - State v. LaFleur - AC36275 - North Star Contracting Corp. v. Albright This case dealt with who is the proper party to bring a shareholder derivative action. A...more

Sherman & Howard L.L.C.

No “Harmony,” No Arbitration

Sherman & Howard L.L.C. on

When AmeriPlan terminated contracts with numerous “independent business owners” (“IBOs”), four IBOs—who had achieved the rank of Sales Director and earned “lifetime residual income” through commissions from their own...more

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