Rio Properties v. Armstrong Hirsch Jackoway Tyerman & Wertheimer

MEMORANDUM **

Rio Properties, Inc. (“Rio”) filed suit against singer Roderick Stewart, his company Stewart Annoyances, Ltd. (“SAL”), and the law firm of Armstrong Hirsch Jackoway Tyerman and Wertheimer (“Armstrong Hirsch”) to recover a $2,000,000 advance fee that Rio paid Stewart, through escrowee Armstrong Hirsch, for a concert (“Second Concert”) that Stewart was later unable to perform due to his diagnosis and treatment for thyroid cancer. Rio sought recovery of the fee under breach of contract and unjust enrichment theories, and the district court granted its motions for summary judgment and attorneys’ fees. In No. 02-17402, Stewart and SAL challenge the district court’s interpretation of the contract and its exclusion of extrinsic evidence supporting an alternative interpretation. Rio’s cross-appeal, No. 03-15028, seeks statutory pre-judgment interest on a portion of the district court’s award.

In its October 7, 2002 summary judgment order, the district court relied exclusively on the terms of an amendment (“Amendment”) to the original contract between the parties (“Agreement”) in granting summary judgment to Rio, finding them clear, unambiguous, and controlling. This was…