S&R Secures Summary Judgment in Federal Court Breach of Sales Commissions Case

January 2018

S&R Attorney Ben Yelverton successfully convinced a federal judge to throw out all claims against his client in a case filed in the Western District of Texas, Waco Division. The plaintiff, an independent sales representative in the power conveying and transmission industry, sought nearly one million dollars in damages, plus hundreds of thousands of dollars in attorneys’ fees. It was undisputed that S&R’s client, a respected and established custom gear manufacturer based in Ohio, had failed to paid the plaintiff all sales commissions when due. The client had since paid the independent sales representative back, but the plaintiff was not satisfied, arguing that it should be entitled to commissions “in perpetuity” from the gear manufacturer. Then, five days before trial, Ben succeeded in convincing the judge that the plaintiff’s claims were completely barred by Texas law and the contract it had signed.