San Francisco Office Prevails on Motion for Summary Judgment in US District Court, Eastern District in Breach of Implied Contract Case

On July 5, 2011, Gregory L. Spallas and Shivani Sutaria prevailed on a motion for summary judgment and obtained dismissal of a lawsuit against a large retail client in which Plaintiff alleged breach of implied-in-fact contract and breach of implied covenant of good faith and fair dealing. Plaintiff’s expert testified to past and future lost earnings and benefits of almost $1,000,000. The court agreed with the arguments in the motion that Plaintiff was an at-will employee as well as the alternate arguments that she could not establish an implied-in-fact contract and was terminated for “good cause.”