Case Results

Co-lead class counsel in a class and derivative action involving 600 hundred investors in thirteen investment syndications filed in Superior Court of Fulton County, Georgia. The central allegations concerned fraud in a leveraged buy-out of the limited partners. After a year of litigation, a settlement was reached resulting in the removal of the General Partner and a forced liquidation of all partnerships and the proceeds distributed to investors. The settlement was valued at over $7 million. According to the Final Judgment issued by Superior Court Judge John J. Goger:

Based upon the record before this Court, this court finds that the class and nominal defendants are well represented by counsel who are well qualified, experienced and able to conduct this class and derivative action litigation concerning all thirteen (13) partnerships and the investors in them. Class Counsel has demonstrated exceptional skill in representing the class by bringing this matter to an early and efficient resolution. This court notes that class counsel has substantial experience in prosecuting similar class and derivative actions and the excellent results achieved by class counsel in this case on behalf of the class.

Co-Lead class counsel in a class action involving over 4,000 investors filed in the Circuit Court of Waukesha County, Wisconsin. The main allegations involved fraud, negligent misrepresentation and violations of Wisconsin’s RICO statute. Judge Kathryn Foster described the partial settlement (full settlement reached with all defendants two years later including accounting firm for policy limits) of this case as an “exceptional result.” Moreover, the Court also noted the experience of class counsel stating:

This Court would also note Class Counsel’s substantial experience in prosecuting similar class actions and the exceptional result achieved by Class Counsel through the partial settlement in this case on behalf of the Class.” (Judgement entered June 20, 2000 in connection with partial settlement).
All of the attorneys involved in this case as class counsel are highly experienced attorneys with substantial experience in the fields of partnership law and class action procedures. A limited number of attorneys in the United States share their level of expertise and accomplishments in these areas.” (Findings of Fact and Conclusions of Law entered June 20, 2000 in connection with partial settlement)."

Total settlements with all defendants were in excess of $35 million. Individual defendants contributed in excess of $3 million using their own funds.

Co-Lead Class Counsel for Plaintiffs in a class action case involving over 10,000 class members in the Supreme Court of Erie County, Buffalo New York. Class certified and settlement reached with the Defendants resulting in the removal of the General Partners and the total liquidation of 7 real estate based limited partnerships with a portfolio value of $100 million.

Co-Lead Class Counsel in a case filed in the District Court of Denver, Colorado involving a public interstate offering and violations of the Colorado Securities Act Class certified against opposition by all Defendants and settlements reached with all defendants in excess of $7 million.

Lead Class Counsel in a case filed in the Circuit Court of Cook County, Illinois involving an illegal roll-up/merger of a private partnership that owned a major hotel. Case litigated for four years and certified against opposition by all defendants. Settlements with all defendants were in excess of $3 million.

Represented a Defined Benefit Plan (412i) and its investors in a fraud case involving the sale of life insurance polices to fund the benefits under the plan. Case settled with all defendants in excess of $1.3 million.

Represented a private equity investor in a matter involving breach of contract and fraud claims. Case settled at mediation will all defendants for $1.5 million.

$5,529,467.00 Judgment against General Partner for breach of contract and breach of fiduciary claims.

non comepete contract
Copyrights © 2015 All Rights Reserved by Elarbee Law.
Site Design and Hosting by www.ElarbeeMedia.com
relarbee@elarbeelaw.com · 404.851.0096