Greenspoon Marder Partner Alan Schindler Secures Jury Trial Victory for MPG Endeavors, Inc.
January, 2024 - United States of America
Denver – January 30, 2024 – Greenspoon Marder Litigation partner Alan D. Schindler successfully prevailed in a jury trial on behalf of the firm’s client, MPG Endeavors, Inc. The case involved a dispute with defendants Tygris Medical, LLC; Tygris International, LLC; and owners Malcolm Weems and Julianne Kennedy.
The jury reached verdicts on MPG’s claims under the Colorado Uniform Fraudulent Transfer Act (CUFTA), conspiracy to violate CUFTA, and successor liability. The dispute arose from a disagreement between MPG and Tygris Medical over commissions owed to MPG. Following an arbitration process, MPG was awarded $1.19 million in commissions.
Subsequently, Tygris Medical dissolved, and the jury found that Ms. Kennedy caused Tygris Medical to fraudulently transfer company funds to impede MPG’s efforts to collect the awarded amount. The jury further determined that Ms. Kennedy, following the dissolution of Tygris Medical, rapidly resumed the same business as “Tygris International.” In a move to shield Tygris Medical from MPG’s collection endeavors, assets were transferred from Tygris Medical to Tygris International. The Court, fully advised, found that Ms. Kennedy “so blatantly disregarded the form of the LLC to avoid having to pay MPG,” and thus “justice requires recognizing the substance of the relationship between Ms. Kennedy and Tygris Medical over the form.” The Court thereafter pierced the corporate veil, and entered judgment in favor of MPG, and against Ms. Kennedy personally.
“This legal victory underscores our commitment to advocating for our clients and seeking justice in complex disputes. We are pleased with the Court’s decision, which affirms the principles of fairness and accountability in such business transactions,” said Mr. Schindler.
Mr. Schindler focuses his practice on general commercial litigation matters, including contracts, real estate law, professional liability, and business torts. With more than a decade of legal experience, Mr. Schindler represents a wide array of clients, from public and private entities to individuals spanning many industries, including agriculture, finance, healthcare, mortgage lending, shipping, private equity, and oil and gas industries.
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