Schaffart v. ONEOK, No. 10-3861 (8th Cir. 2012)
Annotate this CaseAppellees entered into performance and stock agreements with their employer, appellant ONEOK, Inc. The agreements required Appellees to continue their employment for three years (performance period) in order to receive the full number of shares, but allowed pro rata payments if Appellees' employment terminated under certain conditions. After Appellees left ONEOK's employment before the earliest performance period ended, ONEOK denied Appellees' claims for pro rata payments under the agreements. Appellees sued ONEOK for breach of contract. The district court found for Appellees and awarded Appellees money damages equal to each of their pro rata shares under the agreements, and denied their request for attorney fees. The Eighth Circuit Court of Appeals reversed the denial of attorney fees, holding that the district court erred in determining Appellees were not entitled to attorney fees under the Nebraska Wage Payment and Collection Act (NWPCA). Remanded for a determination of the amount of the attorney fees award under the NWPCA.
Court Description: Civil Case - diversity. The district court's award of damages for breach of contact by ONEOK, Inc. for its denial of appellees' claims for pro rata payments under performance and stock agreements is affirmed. The district court's denial of judicial estoppel, its exclusion of evidence from divorce proceedings, its decision to empanel an advisory jury, its money judgment and judgment as a matter of law are affirmed. The district court's denial of attorneys fees under the NWPCA is reversed and the case remanded for determination of attorneys fees including attorneys fees on appeal.
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