$13 Million Commercial Claim Efficiently Resolved February 2012
Christopher J. Belter and Daniel B. Moar of Goldberg Segalla’s Business and Commercial Practice Group efficiently resolved a significant commercial claim asserted against a Fortune 100 company resulting in the plaintiff voluntarily agreeing to discontinue its claim against our client.
The plaintiff had originally filed its claim for $13 million alleging that our client had wrongfully terminated its beverage distribution route in New York City. The case involved complex issues of standing, as our client contended that the plaintiff had actually sold the distribution route prior to asserting its claim. However, the plaintiff countered that ownership had reverted back to it shortly after the lawsuit was commenced in an effort to continue the lawsuit against our client.
Our team investigated and obtained evidence showing the scenario the plaintiff presented to the court was impossible. In opposition to the plaintiff’s motion to amend the complaint to assert facts related to its retention of ownership in the route, we opposed the motion with the evidence developed during our investigation.
Faced with the insurmountable challenge posed by this evidence, the plaintiff entered a stipulation of discontinuance with prejudice — thereby resolving the issue for our client without having to go through formal discovery and prolonged litigation.