Schwartz v. Eliades

OPINION

This is an appeal from a district court order granting respondent’s motion for summary judgment on the basis of champerty and a cross-appeal from an order granting appellant’s motion for summary judgment on appellant’s counterclaim for return of consideration on a void contract. We reverse the order of summary judgment and remand the case for resolution of the claim. Because the ultimate resolution of the claim has a direct bearing on the outcome of the counterclaim, we also reverse and remand the district court’s order granting summary judgment on the counterclaim.

Milton I. Schwartz,…