Corporations Brief Villar v. Kernan Procedural History: A nonjury trial concluded that there was an oral agreement between Villar and Kernan that prohibited Kernan from receiving a salary from Ricetta’s. Facts: 1988 – Villar and Kernan agreed to go into the brick oven pizza business. Villar operated the new business while Kernan assumed responsibility for [...]

Corporations Brief McQuade v. Stoneham Procedural History: The lower courts have refused to order the reinstatement of McQuade, but have given him damages for wrongful discharge, with a right to sue for future damages. The judgment of the Appellate Division and that of the Trial Term should be reversed and the complaint dismissed, with costs [...]

Corporations Brief In Re Silicone Gel Breast Implants Liability Litigation Procedural History: The Court concludes that Bristol is not entitled to summary judgment. Facts: Bristol is the sole shareholder of

Corporations Brief Dewitt Truck Brokers, Inc. v. W. Ray Flemming Fruit Company Procedural History: The District Court pierced the corporate veil and imposed individual liability. Appealed. Affirmed. Facts: Flemming Fruit Company sold fruit for growers on commission. Corporation contracted with Dewitt Truck Brokers to transport the fruit. Dewitt is owed about $15,000. Flemming, who is [...]

Corporations Brief Page v. Page Procedural History: Lower court entered judgment claiming the partnership to be for a term rather than at-will. Reversed. Facts: 1949 – Partners entered into an oral partnership and within two years the two had each contributed $43,000. 1949-1957 the enterprise was unrpfoitable and lost about $62,000. The partnerships major creditor [...]

Corporations Brief Bohatch v. Butler & Binion Procedural History: Trial court rendered judgment for Bohatch on her breach of fiduciary duty claim. Awarded $57,000 for past lost wages, $250,000 for past mental anguish, $4,000,000 total punitive damages. Court of Appeals reversed the tort judgment but found evidence of a breach of the partnership agreement and [...]

Corporations Brief Creel v. Lilly Procedural History: The court held that the partnership should continue and not dissolve. Facts: June 1, 1993, Mr. Creel began a NASCAR memorabilia company. September 20, 1994, Mr. Creel expanded his business by incorporating partners and moving out of his wife’s floral shop and into his own space. Mr. Creel [...]

Corporations Brief Meinhard v. Salmon Procedural History: Meinhard initiated the litigation, suing for an interest in the new, expanded development Facts: Walter Salmon was a real estate developer and wanted to rent a 7 story building for a 20 year term. Salmon could not afford the improvements needed. Salmon ended up leasing the building from [...]

Corporations Brief In Re Estate of Fenimore Procedural History: The court concludes that a partnership did exist between Audrey Serge and Donald Fenimore as of November 6, 1989. Facts: Donald Fenimore is insolvent and creditors are seeking to recover money owed. Mrs. Serge is also seeking to recover $20,000 from Fenimore contending that she is [...]

Corporations Brief Miller v. McDonald’s Corporation Procedural History: Trial court granted summary judgment to defendant on the ground that it did not own or operate the restaurant. Appealed. Reversed. Facts: 3K owned and operated a restaurant under a License Agreement with defendant that required it to operate in a manner consistent with the “McDonalds System”. [...]