No jury trial over incentive plan in Monte Cahn v. Oversee.net
Thursday, December 22nd, 2011
Judge says waver to jury trial in employment agreement is valid.
The case of Monte Cahn v. Oversee.net, et al is scheduled to go to trial next month.
Each side has listed witnesses they might want to bring to the stand, ranging from Jeff Kupietzky
to Mike Berkens to NameDrive USA.
But they won’t be arguing in front of a jury, at least for claims related to breach of contract of a management incentive plan.
The judge in the case has ruled that a jury waver provision in Cahn’s employment agreement is valid and therefore the case will be argued in front of the court rather than a jury.
A motion for summary judgment by Oversee.net to toss the breach of contract claim over the incentive plan is still pending.
In other documents recently filed by Oversee.net, the company continues to claim that none of the goals outlined in the inventive plan were met. It also states that Oversee’s overall performance during the three-year period that covered the plan ranged from one-half to one-quarter of the expectations that prevailed when the plan was contemplated.
Cahn disagrees with Oversee’s assessment, arguing he is owed money under the plan.