(February 1, 2010, Manchester, NH) - Attorneys Christopher Cole and Karyl Roberts Martin, with the law firm of Sheehan Phinney Bass + Green PA, successfully defended the Mueller Group, LLC in a lawsuit brought by its former general counsel for $1.5 million dollars in additional severance benefits.
The case involved a contract dispute between Mueller and its former general counsel, George P. Bukuras, over the interpretation of the severance and general release provisions of Bukuras's employment agreement. Bukuras sued Mueller in September 2006, alleging numerous claims, including a claim that Mueller had breached the employment agreement based upon the company's failure to include a $1 million "transaction bonus" in the calculation of his severance compensation. Bukuras argued that his employment agreement - which provided for a severance payment of 150% of his salary and 150% of the bonus paid or payable to him in the fiscal year preceding termination - should have included the $1 million transaction bonus paid to him on the first day of the fiscal year in which he was terminated. Mueller asserted that the word "bonus" in the severance provision meant only the regular "annual bonus" provided for in the compensation provisions of the employment agreement, and that the transaction bonus was not, in any case, a bonus paid in the year preceding termination.
Federal District Judge Douglas P. Woodlock first granted Mueller's Motion to Dismiss all of the claims in the Complaint except for the claim alleging breach of the severance provision, and thereafter granted summary judgment for Mueller on Bukuras's breach of contract claim.
Bukuras appealed to the U.S. Circuit Court of Appeals, which affirmed the District Court's determination that Bukuras had been paid the proper amount of severance, and that the transaction bonus was properly excluded from the calculation of severance benefits. Christopher Cole, Mueller's attorney said, "I am pleased with the court's ruling on the severance claim. The court understood what the parties intended when the contract was executed in 2003 - that the word ‘bonus' in the severance provision of the employment agreement meant the ‘annual bonus' provided for in the annual compensation provisions."
Attorney Cole has successfully handled cases involving trade secrets related to software; the alleged misuse of company proprietary information and predatory employee hiring; trademark infringement; and numerous other business, employee and employment related disputes. He was named a New England Super Lawyer in the area of business litigation and is listed in Chambers USA in the area of commercial litigation. He has also been named a Best Lawyer in America by Woodward/White in the area of commercial litigation.
Attorney Karyl Roberts Martin came to Sheehan Phinney after clerking for the Honorable Paul J. Barbadoro of the Federal District Court in New Hampshire, and for Justice James Duggan of the New Hampshire Supreme Court. She works primarily in the fields of commercial and employment litigation, in matters concerning contract disputes and claims of employment discrimination. In 2009, she was selected as a Rising Star by New England Super Lawyers in the area of business litigation. Most recently she received the first-ever Sheehan Phinney Kimon S. Zachos Pro Bono Hero Award, given to an attorney who makes a significant contribution to the firm's pro bono endeavors.
Sheehan Phinney is a full service law firm representing national and international clients with innovative approaches and practical solutions. Founded in 1937, the firm has grown to 61 attorneys with four offices throughout New Hampshire and Massachusetts. The firm is known for professional excellence, practical counsel and commitment to both its clients and the communities it serves.
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