Grill and Schieber Achieve Summary Judgment Dismissal

September 17, 2020 | Commercial Litigation

David M. Grill and Evan R. Schieber prevailed in defeating a motion seeking summary judgment on a breach of contract claim against our client, an equipment lessee.

Although there was no dispute that the client failed to make payments due under the equipment lease, we persuaded the Court that material issues of fact existed as to whether the Plaintiff-lessor failed to fulfill its obligation to mitigate its damages. In addition, we raised issues of fact as to the enforceability of the agreement’s liquidated damages clause.

Notably, the Court admonished Plaintiff for largely disregarding our arguments and defenses. Explaining that it was not going to ignore Plaintiff’s oversights or make Plaintiff’s arguments for it, the Court denied Plaintiff’s motion in its entirety. The key takeaway from this decision is the importance of addressing all of your adversaries’ arguments or risk defeat.

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