(Download) "Ludwig v. Encore Medical" by In the Court of Criminal Appeals of Texas * eBook PDF Kindle ePub Free
eBook details
- Title: Ludwig v. Encore Medical
- Author : In the Court of Criminal Appeals of Texas
- Release Date : January 09, 2006
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 66 KB
Description
Appellee Encore Medical L.P. adopted a severance agreement to protect its key executives should a third party take control of the company. Two conditions triggered benefits under the agreement: a change of control and a termination event, defined to include an executives resigning for "good reason." Joyce Ludwig sued for severance benefits, alleging that control of the company had changed and that she had terminated her own employment for good reason. Encore denied both allegations. The jury found that control of the company had changed but that Ludwig had not terminated her employment for good reason. Consequently, no benefits were provided to Ludwig by the severance agreement. After the jurys verdict, Ludwig presented her claim for attorneys fees to the court, asserting that under the severance agreement, Encore was obligated to pay litigation expenses even to a non-prevailing party. The district court denied her request for attorneys fees and entered a take-nothing judgment on the jury verdict. Ludwig does not appeal the take-nothing judgment but complains only of the courts failure to grant her attorneys fees. We hold that the district court did not err in denying attorneys fees to Ludwig under these circumstances.