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Civil/Human Rights - Verdict in favor of Defendant

Case Name:Fernandez v. City of Phoenix
Case Number:CV 2013-016076
Outcome TypeSettlement

Plaintiff's Complaint:
Donald L. Myles, Jr., Lori L. Voepel, Michele Molinario, and Justin M. Ackerman, attorneys with Jones, Skelton & Hochuli in Arizona, previously obtained a win for the City of Phoenix at the Superior Court of Arizona. Plaintiffs, assignees of former Phoenix police officer Richard Chrisman, brought a declaratory action against the City of Phoenix to enforce an $8.5 Million dollar Morris type agreement. On summary judgment, Defendant Phoenix prevailed on the issue that the Phoenix City Codes limits Plaintiffs' damages to Mr. Chrisman' costs of defense in the underlying Federal Court case. The Court agreed with Defendant Phoenix' that its obligations to Mr. Chrisman, and therefore Plaintiffs, cannot extend beyond the limits set by the Phoenix City Codes. The parties then moved to clarification of the summary judgment order because the Plaintiffs believed that Plaintiffs' damages consisted of the amount of attorneys' fees and costs of the defense incurred in the underlying matter, rather than the actual amount of attorneys' fees and costs paid. The Court agreed with Defendant Phoenix and found that Plaintiffs' are only entitled to recover reimbursement for actual amount paid by Chrisman for his reasonable fees and expenses and not the amount incurred. The actual amount paid was $0.

Plaintiff's Attorneys:
2901 N. Central Avenue, Suite 800

Defendant's Attorneys:
2901 N. Central Avenue, Suite 800

2901 N. Central Avenue, Suite 800

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Published on Oct-29-15


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