Contracts
Law Grad Sues Prominent Defense Lawyer to Hold Him to $1M TV Challenge
Posted Jun 24, 2009 11:59 AM CST
By Molly McDonough
A South Texas College of Law graduate has filed a $1 million breach of contract suit against prominent Florida criminal defense lawyer Cheney Mason, claiming the lawyer's statements—on national TV challenging anyone to show him how his client could have gunned down four people—amounted to a dare.
Because Dustin Kolodziej says he has proven how Mason's client could have committed the crimes, he wants the lawyer to pay up, according to the Orlando Sentinel.
To understand what happened, please rewind a few years to 2006 when Mason was representing Nelson Ivan Serrano, who was accused of killing his former business partner, a prosecutor and two others at a Florida manufacturing plant in 1997. A surveillance tape showed Serrano at an Atlanta hotel the day of the murders.
Prosecutors successfully explained to jurors that Serrano orchestrated a complicated murder plot, involving multiple airline tickets under separate identities. Jurors convicted Serrano and he was sentenced to death in 2007.
During his defense of Serrano, Mason said there was no way for Serrano to have been able to commit the crimes. And he said as much in an appearance on Dateline NBC, when he also said, "I challenge anybody to show me. I'll pay them a million dollars if they can do it."
According to the Sentinel, Kolodziej says he retraced Serrano's route within the required time, videotaped his journey and sent a letter with the video demanding the $1 million.
"I'm really unconcerned about it," Mason is quoted as saying in response to Kolodziej's suit. "When it's over, somebody or some group of people out there are going to have to face the consequences of filing such a false, stupid lawsuit."
The suit was filed last week in federal court in Houston.
Hat tip: Pat's Papers.

Comments
unnecessary
Jun 25, 2009 9:53 AM CST
Isn’t there a statute of frauds problem with this contract? “recent law grads” are becoming synonymous with jail house lawyers. If you want to make money, start working rather than scheming.
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pedro
Jun 25, 2009 11:30 AM CST
I would argue that a videotape promise is the same thing as a written proimise in today’s world.
If I have you on tape, I have the same thing as a written contract,
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hal
Jun 25, 2009 11:44 AM CST
I see no statute of frauds problem. Traditionally, the statute of frauds requires a writing signed by the defendant in the following circumstances:
Contracts in consideration of marriage.
Contracts which cannot be performed within one year.
Contracts for the transfer of an interest in land.
Contracts by the executor of a will to pay a debt of the estate with their own money.
Contracts for the sale of goods above a certain value.
Contracts in which one party becomes a surety (acts as guarantor) for another party’s debt or other obligation.
Paying $1,000,000 to anyone “showing me” how it can be done does not seem to fall within any of these.
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JN
Jun 25, 2009 1:08 PM CST
But when does hyperbole amount to consideration?
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