Will a third trial be the charm for Casden brothers?

CONDOMINIUM developer Alan Casden will return to trial for a third time against his brother Henry in a six-year dispute that began when the pair decided to work together.

The third trial comes this month after a local appellate court reversed large portions of a prior jury award.

Henry Casden, former president of Casden Properties LLC, originally sued his brother to recover $225,000 in unpaid dividends from his stake in a Casden-controlled partnership. Alan Casden won most of the original jury trial, but that was reversed by a 2nd Appellate District and sent back to Los Angeles Superior Court.

Then in 2003, the tables were split when a second jury awarded Henry Casden about $5.5 million in severance and unpaid dividends but also gave Alan Casden $1 million in damages, stating that his brother had breached his three-year employment agreement.

But earlier this month, a separate 2nd Appellate District panel eliminated $5 million of the award to Henry Casden, leaving him only $500,000. It also reduced Alan Casden' s $1 million award to a maximum of $117,592 and allowed Henry Casden to pursue an additional claim that he was owed $4 million in unpaid bonuses plus interest.

Henry Casden's lawyer, Hillel Chodos, said he expects the case to return to Los Angeles Superior Court in the next few months.

Tom Nolan, a partner at Skadden Arps Slate Meagher & Flom LLP representing Alan Casden, said he would "aggressively defend against Henry's claim that he's entitled to a bonus."

Staff reporter Amanda Bronstad can be reached at [phone], ext. 225, or at [e-mail].