Judge Jolts Electric Supplier in Noncompete Lawsuit

by Arkansas Business Staff  on Monday, Jun. 30, 2014 12:00 am  

The defendants’ attorneys, Brent Langdon of the Langdon Davis LLP firm in Texarkana, Texas, and Gary Corum of Little Rock, asked Wilson to order Irby to pay their attorneys’ fees and court costs for defending the case, which totaled more than $200,000.

Irby’s lead attorney, Mark Fijman of Phelps Dunbar LLP of Jackson, objected and said the fees and costs should only be around $24,000.

Wilson awarded Langdon and Corum the total amount they asked for.

Irby has appealed the case to the 8th U.S. Circuit Court of Appeals.

Fijman wasn’t immediately available for comment Thursday. Irby’s Arkansas attorney in the case, Jeff Spillyards of Mitchell Williams Selig Gates & Woodyard PLLC of Little Rock, declined to comment and referred calls to the Phelps Dunbar firm.

Langdon said in a statement to Whispers that from the time that the case was filed, Wholesale believed “that the law did not support the allegations asserted by Irby in its complaint.”

He also said he thinks the 8th Circuit will uphold Wilson’s ruling.

“We are very pleased that Arkansas law supports an award of fees and costs to prevailing defendants, particularly on contract claims not supported by the evidence,” Langdon said in the statement.

 

 

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