Klein & Wilson represented an egg broker against an egg farm that contracted to sell all its eggs to the broker. The farm experienced a total loss because of a fire. After the farm renewed its flock, the farm experienced another total loss due to avian influenza. The farm renewed its flock again. Then the farm refused to sell its eggs to the broker on the basis that the contract provided for sales of “processed” eggs, not “nest run” (unprocessed) eggs, and the farm could not process eggs because the fire destroyed the processing facility – a force majeure defense that excuses performance based on events beyond the defendant’s control.
Klein & Wilson filed an action for breach of contract for failing to sell the eggs to the broker.
The firm was successful at all levels:
- Defeated a summary judgment motion;
- Proved Commercial Code damages;
- Prevailed at a binding arbitration; and
- Recovered 100 percent of the client’s attorney’s fees and costs.
Full compensation secured!
After the broker refused to discount the award post-arbitration, the farm satisfied the debt by delivering a check to Klein & Wilson on August 8, 2024, for $18,381,726.51 – 100% of the award plus post award interest.
Klein & Wilson is the firm clients call when winning is everything. We have recovered almost $300 million for plaintiff clients and saved almost $1.5 billion for defendant clients in business litigation disputes and legal malpractice cases. Klein & Wilson has won over 90% of the cases it has tried. A Reputation Built on Winning.™