In 2018, John’s clients signed a memorandum of understanding with the claimants outlining a succession plan that would permit a transition of the claimants’ dairy operation to John’s clients over a 7-year period. As part of that agreement, John’s clients agreed to purchase the existing dairy herd and to buy forages (including haylage and corn silage) from claimants for a 7-year period. Issues arose almost immediately as the claimants attempted to change or avoid terms plainly contained within the MOU, in particular relating to the forage pricing. Claimants eventually filed claims against John’s clients seeking over $4 million in alleged damages. John’s clients counterclaimed seeking damages for their own losses incurred because of the claimants’ failure to abide by the terms of the MOU.
Over a 3-day arbitration, John’s cross-examination of the claimants’ expert witnesses established claimants’ alleged damages were entirely without merit. In a well-reasoned and thorough 35-page decision, the designated arbitrator found in favor of John’s clients, awarded claimants’ no damages, and awarded John’s clients a six-figure sum on their counterclaim.
John Coghlan said, “I’m extremely happy for my clients, hardworking, salt of the earth people that simply attempted to abide by the terms of the agreement over the past several years. Being able to convey the positive result to them after receiving the decision was one of the more rewarding experiences of my legal career.”
Kevin Hulslander, Smith Sovik’s managing partner who worked with John on the case said, “This is yet another example of the outstanding results the trial attorneys at Smith Sovik routinely obtain on behalf of our clients, and further evidence that our attorneys have the ability to take on and win cases across the spectrum of civil litigation.”
