IAS Service Group, LLC v. Jim Buckley & Assoc.

IAS filed suit against defendant and his company, alleging claims of fraud, fraudulent inducement, fraud by nondisclosure, and breach of contract. Defendant filed a counter suit for breach of his employment contract with IAS. The Fifth Circuit reversed the dismissal of IAS's fraudulent inducement claim where the district court's assessment that there was no fraud did not appear to have been based on any assessment of the evidence presented at trial. The court affirmed the judgment in favor of defendants on IAS's breach of contract claim where the district court's finding that IAS did not suffer any damages as a result of any breach of the asset purchase agreement was plausible in light of the record as a whole. Finally, the court vacated the severance pay award in favor of defendant because, even assuming that defendant was terminated for reasons other than cause, he failed to satisfy the second condition precedent to his receipt of severance pay: execution of the required release and waiver. The panel remanded for further proceedings. View "IAS Service Group, LLC v. Jim Buckley & Assoc." on Justia Law