ASEP USA, Inc. v. Cole - Supreme Court Of Utah

ASEP USA, Inc. v. Cole

By Supreme Court Of Utah

  • Release Date - Published: 2006-05-04
  • Book Genre: Law
  • Author: Supreme Court Of Utah
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ASEP USA, Inc. v. Cole Supreme Court Of Utah read online review & book description:

This is an appeal of the trial courts award of $100,000 in damages plus attorneys fees to Michael Cole following a jury trial of his breach-of-employment contract suit against his former employer, ASEP USA, Inc. ("ASEP USA"). In 10 issues, ASEP USA contends that the trial court erred in (1) denying ASEP USAs second motion for partial summary judgment; (2) submitting jury question No. 1 and its accompanying instructions, overruling ASEP USAs objection to this question, and confusing the jury with conflicting instructions; (3) failing to state the theory of recovery that underlies the final judgment, thus preventing ASEP USA from presenting an adequate appeal; (4) failing to enforce a Rule 11 settlement agreement that capped attorneys fees; (5) awarding attorneys fees, if the basis of the recovery was promissory estoppel; and (6) awarding attorneys fees in the event of an appeal because there was no evidence to support these fees and the award was not conditioned on a successful defense of the judgment.

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