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Misconduct Archives

Shareholders Can Now Claim Derivative Suits Against Insolvent Companies in Illinois

On June 24, 2016, in a case of first impression in Illinois, the Illinois Appellate Court, First District, in Caulfield v. The Packer Group, Inc. held that shareholders have standing to pursue a shareholder derivative suit against an insolvent corporation. This development offers a means for a corporation to recoup - for the benefit of its shareholders and creditors - assets lost as a result of management's waste and fiduciary breaches. Shareholders can now claim derivative suits against insolvent companies in Illinois. 

The Packer Group (TPG) was a closely held corporation composed of three wholly owned subsidiaries: Packer Engineering Inc. (PEI), Packer Environmental and Facility Consultants Inc., and Packer Technologies International Inc. The two plaintiffs were PEI's president/chief technical officer and its CEO. They filed a shareholder derivative suit on behalf of TPG and PEI against the inside directors of TPG, alleging that the inside directors misappropriated and wasted TPG's assets for their own benefit. The inside directors were TPG's founder and chairman of the board of directors, its executive vice president of finance and secretary of the board and two members of TPG's board. Shareholders can now claim derivative suits against insolvent companies to right previous loopholes.

Lawyer Breaches Operating Agreement in 1.5 Million Dollar Case

Lawyer Breaches Operating Agreement.Studying the language in an arbitration clause, the California state court of appeals recently reversed an order demanding arbitration of a dispute between a lawyer and his client-turned-business-partner. The lawyer must now defend against a $1.5 million claim based on malpractice and breach of the operating agreement that the lawyer had drafted in connection with his real estate venture with the former client. With arbitration provisions becoming a common feature of lawyer-client retainer agreements, this ruling is worth attention.

The client's 2013 malpractice complaint alleged that while serving as counsel to the client and the companies he was affiliated with, the lawyer and the client decided that they would form a company together to develop properties in the affordable housing market. The lawyer prepared the operating agreement for the LLC, which provided that "any controversy between the parties arising out of this Agreement shall be submitted" to arbitration in Los Angeles. Lawyer Breaches Operating Agreement in this 1.5 Million dollar case.

Thirty-seven Companies sue Dominion Transmission

Thirty-seven Companies sue Dominion Transmission Inc. after claim that it and others breached fiduciary duties. Dominion Field Services Inc, Dominion Resources Inc, Joseph Vanzant, and Riley Natural Gas Company were also named as defendants. 

Thirty-seven Companies sue Dominion Transmission. The plaintiffs in the case are independent producers of natural gas in West Virginia and claim the defendants have forced them into long-term, fixed-price contracts that are destroying independent natural gas producers in the state. This is according to a complaint filed in Marshall Circuit Court.

Tuomey Hospital Sues Nexsen Pruet for $117 Million

Tuomey Hospital sues Nexsen Pruet in a lawsuit alleging that legal malpractice caused destruction of prominent state, locally owned hospitals. Tuomey Healthcare of Sumter was filed Tuesday in state court in Sumter County. 

Tuomey Hospital sues Nexsen Pruet for $117 million in damages for legal havoc. The claim alleged the defendant was "misleading and reckless" with advice from Columbia-headquartered Nexsen Pruet, one of the state's largest law firms, according to legal papers.

Former Swimmer Wins Suit Against Attorney

Dagny Knutson former swimmer wins suit against attorney Richard Foster, an international aquatic sports power broker. 

Knutson, Former swimmer wins suit against attorney for $617,800 in damages in Orange County Superior Court after a jury found that Foster committed a breach of fiduciary duty and fraud by willful concealment while advising her to accept a financial settlement with USA Swimming, the sport's national governing body, in a dispute over a promise of financial support by former U.S. national team director Mark Schubert.

Firm Seeks to Dismiss a multimillion Dollar Malpractice Claim

U.S. District Court for the Northern District of Texas asked to reject a second pass from a client to collect a Multimillion Dollar Malpractice Claim (3.16 Million) given in regards to a sexual harassment lawsuit. 

Martina Smart Simmons originally filed a Multimillion Dollar Malpractice Claim in March 2015 against Burt Barr and Associates, and attorneys John H. Barr and John Howell House. Simmons alleged that the defendants failed to file proper procedures when they obtained a $3 million final judgment against Piyush V. Patel on behalf of Simmons in the 238th Judicial District Court of Midland County, Texas.

Parents Sue Hired Attorney for Small Settlement

At Tinley Park in 2011, a young Alsip woman died in a traffic acident caused by a car driven by an intoxicated acquaintance. He crashed the vehicle after leaving a concert at the Venue. On June 7, the parents Debra and William Elam brought their complaint in Cook County Circuit Court against attorney Daniel O'Connor and the firm of O'Connor & Nakos, of Chicago, alleging professional negligence against the attorney and his firm. The parents were seeking to sue their hired attorney.

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