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Business Owner v. Consumers Affairs Nonprofit

February 2012

Sedgwick obtained a summary judgment on behalf of our client, a nonprofit that provides consumer information about businesses, in Texas state court. The plaintiff, a business owner, sued our client for defamation, tortious interference, fraud, breach of contract, and violations of the Texas Deceptive Trade Practices Act based on its consumer reporting on the plaintiff's business. We filed a counterclaim against the plaintiff for breach of contract for the plaintiff's unauthorized and misleading use of our client's trademarks and logo after the plaintiff's right to use them under the contract had been revoked. Sedgwick filed a motion for summary judgment on all claims brought against our client and on our counterclaim for breach of contract. In January 2011, the court granted our motion for summary judgment in full and entered an order dismissing all claims against our client. Although it was believed that the order also granted our counterclaim for breach of contract, it was later determined the court had not specifically ruled on our counterclaim for breach of contract. Therefore, an additional hearing was held on our summary judgment motion on just the counterclaim. In February 2012, the court granted our counterclaim for breach of contract and requested we submit evidence on the amount of damages and attorneys' fees requested.