Mitchell, Brewer, Richardson, Adams, Burge & Boughman, PLLC v. Brewer, April 9, 2008 (Jolly)(unpublished)
This is the second opinion from the Court in this case involving the dissolution of a law firm. The principal issue is whether the plaintiffs, who left the law firm, are entitled to the proceeds of contingent fee cases resolved after their departure from the firm. The earlier decision is summarized here.
Today, the Court denied the entry of a preliminary injunction preventing the defendants from distributing to themselves the proceeds from those cases. Here is the key quote from the Court: "The Plaintiffs have not made a convincing showing that they either are likely to sustain irreparable loss unless the injunction is issued, or that such relief is necessary for the protection of their rights during the course of litigation. Plaintiffs’ contentions in this regard are implausible. Their claim for an accounting will not be affected by the issuance or denial of the injunction sought; and their claims for money damages are adequately provided for at law, and are weak grounds for the issuance of an injunction."
As with all of these posts, you can click on the case name above to see the full opinion. I may start including the briefs of the parties in these posts, I’ve done that below.
Congratulations to my partners, Jim Phillips and Charles Marshall, who happen to represent the defendants in this case.