In the recent case of Stargaze Management LLC et al. v. George Smith Partners Inc, attorneys Anthony Capobianco and Derek Wallen of Capobianco Law Offices PC were able to obtain a dismissal of several claims including breach of contract, retention, fraud, and breach of fiduciary duty. This case is covered on Law360, an excerpt is written below:
“U.S. District Judge Manuel L. Real granted George Smith Partners Inc.’s motion to dismiss the plaintiffs’ claims against the firm on July 6, maintaining that the plaintiffs should have known that a man named in the suit as senior vice president of GSP at the time was not actually acting on behalf of the firm.”
The lawsuit specifically targeted Nathan Auslander, the supposed Senior VP of GPS, the article goes on to state:
“In an order filed in July, Judge Manuel L. Real dismissed allegations against GSP, saying the plaintiffs should have known that Auslander was not acting on behalf of GSP, since none of the key documents reference GSP. He added that Auslander’s use of GSP’s email and premises to allegedly perpetrate fraud did not make GSP liable, and that the fraud Auslander allegedly perpetrated was in violation of GSP’s employee rules and regulations.”
GSP has since requested a $64,000 reimbursement from the plaintiffs.
You can read the full article on Law360 by following this link.