(Health Care) Diamond McCarthy defended the majority owners of a health care billing company in a dispute with a minority shareholder that was demanding a buyout. After an early motion challenge, the minority owner dropped the derivative claims against the other owners. After then obtaining a partial summary judgment barring the minority owner’s claim for a buyout under a certain statute, the parties resolved the dispute on a confidential basis.
(Banking and Warranty) Represented former majority owners of a privately held Dallas company that sold bundled products in warranty packages. Diamond McCarthy defended against filed by NexBank SSB in state district court in Dallas. In the lawsuit, NexBank sought to recover more than $16 million following a loan default, and Diamond McCarthy obtained a dismissal of all claims via summary judgment. After the trial court granted summary judgment, the case settled on confidential terms before trial. NexBank, SSB v. Thomas and Dean, Cause No. DC-10-09631.
(Medical) Represented majority owner of medical device distributor in litigation filed in Dallas state court by the company’s minority owner, who claimed that the majority owner had violated his fiduciary duties. Diamond McCarthy successfully negotiated a confidential, multi-party settlement of case, which secured dismissal of the lawsuit and resolved all claims. John Perry, et al. v. Scott E. Conard, et al., Cause No. CC-16-01117-B.
(Entertainment/Travel) Represented majority owners in negotiating the purchase of minority interest in a privately held company in the entertainment and travel industry. In negotiating the buyout of the minority owner’s interest, Diamond McCarthy structured and created a complex, multi-year buyout arrangement that included novel collateral arrangements.
(Real Estate) Represented majority shareholder who contended in lawsuit filed in state court in Fort Worth that he had been improperly deprived of the value of his ownership interest in real estate assets by his co-owners. Diamond McCarthy filed this lawsuit and secured a confidential settlement for the majority owner after first succeeding on appeal before the Fort Worth Court of Appeals to obtain a reversal of the trial court’s summary judgment order dismissing the case. Bakke v. Harvison, et al., Cause No. 352-244033-10.
(Hotels) Diamond McCarthy served as co-counsel for majority shareholder in defense of claims by minority shareholder relating to redemption of minority owner’s stock. The firm assisted with summary judgment briefing and also assisted in negotiating a confidential settlement of minority owner’s claims. Robert Garza, and Robert Garza ex rel Enseo, Inc. v. Enseo, Inc., Vanessa Ogle and William Fang, Cause No. CC-11-02951-B.
(Agriculture) Represented majority owner of fertilizer company in defense of claims by the minority owners who filed suit in the Texas Panhandle (Dallam Country) to block the majority owner from expanding the company’s current board of directors. In the proceedings conducted by the trial court, Diamond McCarthy secured a denial of all injunctive relief that was requested by the minority owners, who then dismissed their case. Danny Poole, et al. v. Karen Poole, et al., Cause No. 11850.
(Home Furnishings) Represented majority owner of family-owned home furnishing company in negotiating the resolution of claims by the minority owner, who was demanding a buyout. Through constructive business dialogue, Diamond McCarthy secured a confidential settlement and the purchase/redemption of the minority-held interest, which avoided litigation.
(Aircraft) Represented the majority owner of specialized equipment repair company to resolve claims by minority owners. This amicable resolution involved a restructuring the company’s board of directors, the implementation of new business processes and addressing the minority owner claims without resort to litigation.