Texas Firm Awarded $6.8 Million Judgment in Breach of Contract Lawsuit




Austin Oil and Gas Attorney, Gregory D. Jordan

Austin Oil and Gas Attorney, Gregory D. Jordan

Austin, TX (Law Firm Newswire) August 3, 2015 – A Texas consulting firm was awarded about $6.8 million in a contract dispute.

Dallas County District Judge Eric V. Moye awarded Bain Consulting LLC that amount after a jury found Talon Transaction Technologies Inc. liable for breaching a contract to pay commissions to Bain for finding new customers for Talon’s health care payment system. The judge rejected Talon’s argument that the award should be cut to about $1.5 million, because the jury improperly calculated the damages to Bain based on future commissions.

“As with many business litigation matters, the core dispute in this case can be stated in very simple terms: the plaintiffs alleged that they were not paid what they were owed,” said Gregory D. Jordan, an Austin business litigation attorney with the Law Offices of Gregory D. Jordan. “A common dispute in business litigation often relates to the calculation of future damages. Here it was obviously resolved in the plaintiff’s favor.”

The case involved technology for health care payments that was developed by Talon. Bain was to be paid a commission for bringing customers to Talon. However, after the business relationship broke down, Bain alleged that NexPay Inc. and Talon wrongfully moved customers and business in order to avoid paying commissions to Bain.

The judgment found Talon founder David Gillman and NexPay jointly and severally liable to Bain. The judgment includes about $6.4 million in damages for breaches of two contracts, $400,000 in attorneys’ fees, and $650,000 in prejudgment interest on actual damages. The judgment also provides for post-judgment interest on damages and attorneys’ fees.

The legal dispute began in March 2013, when Talon sued Bain seeking a declaratory judgment that it was not liable to the company for damages. According to court documents, Talon nonsuited those claims, and Bain filed counterclaims that also brought NexPay into the suit.