July 2019 – Kendall Brill & Kelly attorneys Alan Jay Weil and Sarah E. Moses secured a Court of Appeal ruling affirming a prevailing party fee award for the firm’s client, Kerri Walsh Jennings, three-time Olympic gold medalist and one-time Olympic bronze medalist in beach volleyball. The Court held that Ms. Walsh Jennings was entitled not only to her fees in the trial court but also on appeal. The Court held that an indemnity provision in a Talent Services Agreement between Ms. Walsh Jennings and AOS Group, the owner of the Association of Volleyball Professionals, provided for an award of attorney’s fees to her as the prevailing party in her lawsuit against AOS for its breach of contract. While some courts have held that indemnity provisions cover only fees incurred in third party actions, KBK attorneys persuaded the trial court and the Court of Appeal that this particular provision covered fees incurred in Walsh Jennings’ action for breach of contract by AOS. It was undisputed that Ms. Walsh Jennings was the prevailing party in her action for breach of contract. However, without an award of the fees incurred in prevailing, her net recovery would have been substantially reduced. The ruling ensured that Ms. Walsh Jennings received the full financial benefit of her agreement with AOS Group.
KBK Appellate Victory in Olympic Gold Medalist’s Contract Dispute