The defendant pharmacy brought a motion for summary judgment to dismiss the plaintiff consulting firm's claim for damages and to seek the return of fees paid to the plaintiff and to the defendant's former counsel.
The parties had entered into agreements to defend the pharmacy's principal in a disciplinary proceeding, but the principal died before the hearing.
The court dismissed the plaintiff's claim, finding the contract was frustrated by the principal's death.
The court also ordered the plaintiff to repay $99,373.70 and the former counsel to repay $30,000, finding that neither provided value for the services rendered.
