Smith Trial Law represented the defendant, opposed by two other law firms.
The first hearing addressed the plaintiff's attempt to enforce a contract. The court held that draft versions of the contract, and the emails negotiating it, were not a contract — and entered a defense verdict for the client.
Cloyd then won a defense verdict on the claims tried in the first bifurcated, multi-day trial. The remaining issues in the matter were thereafter resolved by settlement, on terms that are confidential.
Why a case like this is tried, not settled quietly
A plaintiff holding a stack of drafts and negotiating emails is betting that the cost of a trial is worse than the cost of paying something. Preparing the matter to be tried is what makes it possible to decline that bet — and to have a court say plainly that a negotiation is not an agreement.
Case results depend upon a variety of factors unique to each case, including the facts, the applicable law, and the tribunal involved. Case results do not guarantee or predict a similar result in any future case undertaken by the firm. Details are limited to what can be shared without identifying the parties. See the full record →