Payton & Associates ended 2015 on a high note by obtaining a dismissal of two cases brought against our clients. The cases never made it to the discovery phase of the proceedings.
In one case, plaintiff brought a breach of fiduciary duty claim against our client who was a member of a limited liability company. The claim was dismissed on motion. The plaintiff filed an amended claim in the form of a derivative action on behalf of the company. The amended claim was dismissed. Plaintiff elected not to plead further.
In the second case, defendants, as counter-plaintiffs, filed seven complaints and amended complaints before the court dismissed their case with prejudice on the ground they pleaded a claim inconsistent with a position they had taken at the outset of the case. Although it took the better part of two years because of the court’s liberal allowance of amendments, justice was finally served.
We represent plaintiffs and defendants in business disputes. On the defensive side, we strive to end the litigation as early as possible. The cases referred to above are two occasions in which the strategy was successful.
Best wishes to everyone for a happy, healthy and prosperous 2016.