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FKSA Wins Arbitration Judgment Against the Roulac Group FKSA won a $3 million arbitration judgment against litigation consultant the Roulac Group, the company of Stephen E. Roulac, who acts as a consultant and litigation expert in real estate appraisal. World Trade Center Properties, LLC ("WTCP") hired Roulac to provide an expert report appraising the damages WTCP had incurred in the September 11, 2001 terrorist attacks on New York. FKSA represented WTCP in bringing its claim that the Roulac Group failed to provide the report for which it had been paid, and should therefore return its fees. The case was tried before a JAMS commercial arbitration tribunal. The arbitrator found that over the course of two years Roulac repeatedly made and broke promises to provide a report. At the same time, the Roulac Group billed WTCP for millions of dollars, and Roulac even unilaterally raised his billing rate while concealing that increase from WTCP. Ultimately, the Roulac Group committed to strict, enforceable deadlines. Yet when the first of those deadlines arrived, the Roulac Group still failed to deliver a draft report. The arbitrator rejected all of the Roulac Group's defenses, as well as its counterclaims and ordered the Roulac Group to repay to WTCP $2.5 million plus interest. The arbitrator also required the Roulac Group to reimburse WTCP for arbitration fees and expenses, finding that "a number of Mr. Roulac's statements during the arbitration turned out not to be accurate and served only to lengthen the proceedings substantially and significantly increase the cost of the arbitration." The arbitration award was confirmed by United States District Judge Miriam Goldman Cedarbaum in June 2011. Judge Cedarbaum also denied the Roulac Group's motion to seal the arbitration award. FKSA partner Katherine L. Pringle, associate Jessica A. Murzyn, and former associate Kevin L. Oberdorfer represented WTCP. |
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©2012 FKSA
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