CASE STUDIES

SC&M turns a defense case into a judgment of more than $340,000 for its clients

SC&M attorneys successfully defended a lawsuit alleging theft of customers, resulting in the plaintiff owing SC&M’s client hundreds of thousands of dollars. A trial team led by Robert B. Cummings, with primary assistance from Brenda Weinberg and Whitney Warnick, recently obtained a judgment of more than $340,000 in favor of the firm’s client. The plaintiff filed a lawsuit against SC&M’s client alleging breaches of fiduciary duties and related claims stemming from what the plaintiff believed was an unlawful theft of customers. Mr. Cummings successfully defended the client against a preliminary injunction and assisted the client with filing a claim for dissolution of the plaintiff corporation. The plaintiff elected to purchase company shares but claimed the plaintiff corporation was worth nothing. That led to a trial to determine the value of SC&M’s clients’ shares in the plaintiff corporation, which resulted in the court determining the company was worth 7-figures – well over the plaintiff’s claimed negative valuation. With two victories in an already 3-year saga, the SC&M team tried the primary case to a jury over a 6-day period at the end of June 2021. Ultimately, the jury returned a no-cause verdict against the plaintiff corporation. More importantly, however, the jury returned a verdict finding that the plaintiff corporation is the alter ego of its majority shareholder and her husband. Thus, SC&M is now pursuing payment on the more than $340,000 judgment against the corporation and its principals.