Cengage Advantage Books: Fundamentals of Business Law 9th Edition by Roger LeRoy Miller

Exercise 22

Case Problem with Sample Answer Robert Gutkowski, a sports marketing expert, met numerous times with George Steinbrenner, the owner of the New York Yankees, and other Yankees executives over a ten-year period to discuss and help launch the Yankees Entertainment and Sports Network (YES Network). He was paid as a consultant for several years during that time. When the parties quit working together, Gutkowski sued, contending that he had been made promises to be given an ownership share in YES as part of the compensation for his work. While he was paid as a consultant, he was not given a share of YES or hired as a regular executive for YES. He contended that, by industry standards, a reasonable value for his services would be a 2 to 3 percent ownership share of YES. There was no written contract for such a share, but Gutkowski claimed that he was due this compensation to prevent unjust enrichment of the Yankees for exploiting his expertise. Does Gutkowski have a good claim for payment based on quantum meruit? Explain your answer. [ Gutkowski v. Steinbrenner, 680 F.Supp.2d 602 (S.D.N.Y. 2010)]