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Why You May Not Want a Re-Trial of a Breach of Contract Case

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Following a trial in 2008, a jury found that Sheldon Adelson's casino corporation, Las Vegas Sands Corp.,owed Hong Kong consultant Richard Suen over $58 million for breaching their agreement, and failing to pay what they owed him for the role he played in helping the U.S. based casino secure licensing to operate a casino in Macau.

Sounds pretty bad, right?

So, naturally, the casino appealed, and they were somewhat successful, as the case was remanded back for a second trial.

So far, so good.

Except that in the intervening years, the casino's profits exploded, and it became even more successful, largely due to their operations in Macau. (Also a good thing).

As a result, however, the jury found that Suen was entitled to even more money this time around; they found he was entitled to over $70 million, as his agreement with the casino called for him to be paid out of the profits generated from his efforts in helping them secure the casino licensing.

The lesson of the story should be clear: while getting an unfavorable verdict reversed is usually a good thing, there is no guarantee that you will do better the second time around; you could even do far worse.

Category: General