United States First Circuit

In a contract dispute between defendant-employer and its former general counsel over the interpretation of the severance and general release provisions of an employment agreement, district court's judgment is affirmed where: 1) district court correctly concluded that the defendant did not breach the terms of the agreement when it failed to include plaintiff's $1 million transaction bonus in the calculation of his severance payment; and 2) district court did not err in holding that defendant could not recover its fees and costs associated with defending against plaintiff's claims as damages for alleged violation of the release plaintiff signed.

Appellate Information

• Decided 01/20/2010
• Published 01/20/2010

Judges

• TORRUELLA, Circuit Judge., Before LYNCH, Chief Judge, TORRUELLA and RIPPLE, Circuit Judges.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Jeremiah P. Sullivan, Jr., with whom Sullivan and McDermott, was on brief for appellant.


• For Appellees:
  
• Christopher Cole, with whom Karyl R. Martin and Sheehan Phinney Bass + Green, P.A., were on brief for appellee.