The Bloom Parham trial team of Simon Bloom and Virginia Eith tried an eight day jury trial to prosecute a breach of contract claim arising out of a partnership dispute.  The judge and jury rejected all defenses and counterclaims and awarded our clients every penny requested, including attorneys’ fees.

The dispute traced back to 2011, when the firm’s clients invested in an Atlanta-based radiology practice. In 2020, the majority owners agreed to buy out Bloom Parham’s clients. When those majority owners defaulted on the buyout agreement, Bloom Parham filed suit asserting claims for breach of contract and attorneys’ fees. The majority owners responded with a battery of counterclaims, including fraud and deceit, money had and received, conflicting interest transaction, breach of contract, declaratory judgment, punitive damages, and attorneys’ fees. Bloom Parham methodically dismantled the opposition’s case at every stage. Before trial, the firm succeeded in eliminating the conflicting interest transaction and punitive damages claims on summary judgment. After the defendants rested at trial, the court granted directed verdicts in favor of Bloom Parham’s clients on the money had and received counterclaim and on the defendants’ requested remedy of rescission.  In addition, the firm successfully excluded the defendants’ “expert” on Indian culture in a Daubert hearing.

Following the eight-day trial and an hour of deliberations, the jury awarded $3,430,825 in damages, comprised of $2,809,467 for breach of contract and $621,358 in attorneys’ fees. The jury also found that the defendants acted in bad faith or were stubbornly litigious.