I am in Arizona and was sued for breach of contract; the plaintiff breached this contract first and our contract contains an arbitration clause.
Question Details: I am in Arizona and was sued in Superior court by an employer for breach of contract (violating a restrictive covenant) however the plaintiff breached the contract first by failing to pay as outlined in the contract when I left as an employee. The contract contains a mandatory arbitration clause. How do I get this case thrown out of court? The plaintiff's attorney wants to stay the case and has agreed not to pursue an injunction.
Business Law Answers
If it contains a mandatory arbitration clause, then your attorney should be able to move for dismissal on that basis and remove the case to arbitration.
Regarding the mutual breaches--it is often NOT the case that one breach excuses another. Instead mutual breaches of a contract often give rise to reciprocal claims for damages. In this case, you could most likely recover the pay, and possibly some other damages, that you are owed; and your employer could likely enforce the restrictive covenant.
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