Assaf v. Trinity Medical Center

In action seeking enforcement of settlement agreement arising out of plaintiff's breach of employment contract claim, Dist. Ct. erred in denying plaintiff right to seek loss of professional fees on grounds that plaintiff had failed to provide estimate of said fees prior to close of discovery. Defendant had adequate notice of said fees where plaintiff gave defendant notice that he was seeking said fees in his initial responses to defendant's Interrogatories and then provided computation for said fees prior to preparation of pretrial order. Ct. further noted that defendant had certain internal records that related to plaintiff's lost professional fees, and that plaintiff had provided explanation for said fees in his deposition. Also, Ct. held that case had been improperly removed to federal court where defendant was resident of same state as Dist. Ct, but that plaintiff waived any objection to said removal by failing to object within applicable 30-day deadline for doing so.