HOUSTON - A jury verdict that resulted in a trial lawyer taking nothing from his former law firm has been affirmed by the First Court of Appeals.
Attorney Justin Carl Pfeiffer filed suit against his former law firm, Berg & Androphy, and David H. Berg for breach of contract, claiming they owed him outstanding wages for work he performed while still affiliated with the firm.
According to the opinion, Berg & Androphy represented Bela and Martha Karolyi in several California-based lawsuits arising out of Dr. Larry Nassar’s sexual molestation of members of the U.S. Women’s Gymnastics World Championship and Olympic Teams. The Texas-based Karolyis were the head coaches for the teams.
In September 2017, the firm hired Pfeiffer, who was licensed to practice law in California and Texas. He worked on the Karolyi cases but the firm requested his resignation a year later, stating that his work product was “spotty” and that he exhibited “poor judgment.”
Pfeiffer claimed he was owed compensation for services performed for the firm after his September 2018 departure and filed an unemployment claim with the Texas Workforce Commission. The firm asserted he had performed no services for the firm after September 2018 and the TWC ultimately concluded it lacked jurisdiction over Pfeiffer’s claim.
The opinion states that on Nov. 2, 2018, the firm filed a motion to withdraw Pfeiffer in the Karolyi matter, which the court granted on November 27, 2018. Pfeiffer argued he was entitled to wages through November 27 because he remained “attorney of record” in the Karolyi federal case and continued to work on the case until then.
The firm disagreed.
At trial, a jury found that Pfeiffer and Berg & Androphy did not agree to an employment contract, and the trial court entered judgment ordering that he take nothing on his claim.
The First Court affirmed the ruling.
Appeals case No. 01-24-00242CV
