Judge Paul Crotty
A.T. Kearney Inc. accused Global Crossing Telecommunications of breaches of contract and the implied covenant of good faith, and quantum meruit. Their Nov. 3, 2010, agreement included provisions for a fixed fee, a formula to determine Kearney's contingency fee, and payment of expenses. Kearney's moved to exclude evidence or argument about its expense. Acknowledging receipt of payment for all expenses for which it invoiced Global, Kearney argued that evidence about its expenses was irrelevant. Global Crossing's own motion in limine sought to exclude the testimony of Kearney employee Kuchembuck—allegedly improperly identified during discovery—and of all evidence or argument related to quantum meruit. Barring evidence of Global's payment of Kearney's expenses from being offered into evidence to offset damages, the court denied Global's motion in its entirety. Based on Kearney's disclosure, Global was aware of the existence and relevance of Kuchembuck so that it was not being subjected to "trial by ambush." As to quantum meruit evidence, although Kearney cannot recover twice for Global's same actions, nothing precluded it from proceeding on both breach of contract and quasi-contract theories.
