Judge Rules Against Production of Evidence of Post-Termination Damages in Contract Case

Mr. Hennessy served as First Chair trial counsel on behalf of a Pennsylvania employer in a case where the employee argued an entitlement to commissions on sales which were consummated post-termination. The employee argued that the employer agreed to pay him for commissions made in markets he created regardless of employment. Mr. Hennessy filed a pre-trial motion asking that the Court exclude evidence of post-termination commissions as such evidence was unduly speculative and without a sufficient basis in fact or law. The Court granted the Mr. Hennessy’s pretrial motion, excluding the evidence of alleged hundreds of thousands of dollars in post-termination commissions. The case thereafter settled on the third day of trial.