Kristyn B. Escalante

Assisted trial team in successful defense and counterclaim of a breach of contract dispute. A subcontractor sued our client, a general contractor, after our client terminated a subcontract agreement. Due to the subcontractor’s wholly deficient work, we pursued a breach of contract counterclaim against the subcontractor. In litigation we were able to summarily dismiss a claim for unjust enrichment and were also successful in moving the court for sanctions against the opposing party due to the opposing party’s failure to comply with certain court orders. The case ultimately went to trial. After a five-day jury trial, the jury returned a verdict in favor of our client finding that our client did not breach the subcontract agreement, that the subcontractor did breach the subcontract agreement, and, as a result, our client was entitled to damages. 

A medical malpractice lawsuit was brought against our client, a podiatrist in Twin Falls, Idaho. In the course of litigation, it was determined that plaintiff’s expert witness disclosures were deficient under Idaho law. We prepared materials to summarily dismiss plaintiff’s medical malpractice claims because plaintiff could not establish his case through direct expert testimony. Rather than facing our summary judgment motion, plaintiff agreed to dismiss his lawsuit with prejudice. 

Drafted summary judgment motion arguing no breach of contract because purchase and sale agreement was timely terminated. District court denied, finding a factual dispute as to whether an oral agreement prior to execution of the contract redefined due diligence period. Filed reconsideration motion arguing Idaho law does not permit oral modification of a nonexecuted contract. District court ruled in our favor on reconsideration and judgment ultimately entered for our client.