Judge Limits Ex-Associate's Suit Over Orrick Partnership Promise
Updated: A New York judge has tossed several counts of a lawsuit filed by a former associate who claimed Orrick, Herrington & Sutcliffe reneged on a promise to make him a partner.
Associate Patrick Hoeffner is entitled to collect only nominal damages under the ruling (PDF posted by the New York Law Journal), the New York Law Journal reports. However, he still may be entitled to punitive damages, according to the article.
Hoeffner had claimed the law firm promised to make him a partner to prevent him from leaving the firm and taking a client with him. He had sought $100 million, but Judge Bernard Fried of Manhattan said damages were speculative since the promise was made by three partners who didn’t have the power to bind the law firm.
Fried dismissed Hoeffner’s claims of promissory estoppel, unjust enrichment, breach of fiduciary duty and intentional infliction of emotional distress. The judge permitted his claims of fraud and breach of contract, but limited the damages on those counts.
Hoeffner’s lawyer, Douglas Wigdor, told ABAJournal.com in an e-mail that several important counts have survived. “In fact, the crux of the lawsuit stands–including the breach of contract, fraudulent concealment, fraudulent inducement and civil conspiracy claims,” he wrote.
Updated at 12:40 p.m. to include Wigdor’s comments.
