CMM has built a reputation for not shying away from the complicated cases that give other attorneys pause. Our skill in navigating the knottiest of fact patterns was on full display in a recent decision dismissing a complex commercial case against our clients.
The plaintiff had acquired a vending route from our client, a vending company, and a year later filed suit alleging breach of contract, fraud, unfair competition, tortious interference, and other claims against the vending company and its owners. The complicated fact pattern involved multiple underlying agreements as well as subsequent agreements between our clients and other defendants. The plaintiff then moved for summary judgment on several of the claims (essentially, urging the court to find that there were no facts in dispute and to rule in plaintiff’s favor). CMM’s commercial litigation team, including Jeffrey Basso, Patrick McCormick, and Richard DeMaio, opposed the motion on behalf of our clients and moved to dismiss the case on behalf of the individual defendants. Our motion papers detailed each claim, the requirements to successfully allege each claim, and applied the thorny fact pattern to the law, demonstrating why the plaintiff’s motion should be denied and why the individual defendants should be let out of the case.
The Court’s lengthy decision, issued earlier this month, was a terrific win for our clients. The Court granted our motion to dismiss the case against the individual defendants and denied the plaintiff’s motion for summary judgment. The decision leaves only a few claims remaining against our client, the corporate defendant, which we look forward to resolving favorably.