Hess v. Kanoski & Associates

Dist. Ct. erred in granting defendant-law firm’s motion for summary judgment in action alleging that defendant breached employment contract with plaintiff-former associate of law firm where plaintiff alleged that defendant had improperly withheld certain fees and bonuses that were generated from lawsuits that were settled after plaintiff was terminated from law firm. While Dist. Ct. believed that plaintiff was collaterally estopped from asserting instant claim where plaintiff had not prevailed in attorney liens that had been filed in said prior lawsuits, instant attorney lien proceedings, which were against law firm's clients and not instant defendant, did not pertain to allegations in instant breach of employment contract action. Moreover, plaintiff had potential claim under employment contract where defendant had failed to give required 30-day notice prior to termination, and where at least one settlement occurred during said time frame. However, plaintiff could not prevail on his claim that law firm and successor attorney induced breach of instant employment contract since: (1) with respect to law firm, party to contract cannot tortiously interfere with its own contract; and (2) plaintiff failed to provide evidence that successor attorney caused law firm to terminate plaintiff.