Social distancing has changed our lives, but not CMM’s zealous advocacy.
Senior Partner Patrick McCormick recently conducted oral argument via teleconference on a motion we had filed to dismiss a federal complaint filed against our clients, a shareholder of a corporation and his wife, who was an employee. The commercial matter concerned breach of fiduciary duty and breach of contract in connection with a shareholders’ agreement.
Demonstrating agility and an adaptability to new norms, McCormick argued successfully for the dismissal of the complaint despite the fact that the litigants and Judge were separated by technology. The Judge granted our motion to dismiss the complaint and both claims (breach of contract and breach of fiduciary duty) against one of our clients with prejudice (meaning that those specific claims cannot be brought again) and dismissed the complaint (the same claims) against our other client without prejudice, meaning the plaintiff has the opportunity to try to correct the deficiencies and file a new complaint. But as it stands now, the complaint is dismissed.
McCormick persuasively answered the Judge’s questions about the shareholders’ agreement and the enforceability of specific provisions, and the dismissal was a major win for our clients. While courthouse doors continue to be closed, CMM works every day to push our clients’ matters forward.
Learn more about our commercial litigation practice here.