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Breach of Contract
Oral Joint Venture Agreement
Acquisitions

David Holder v. James Sweeney

Published: Jan. 14, 1995 | Result Date: Nov. 21, 1994 | Filing Date: Jan. 1, 1900 |

Case number: 688451 –  $8,500,000

Judge

William F. Rylaarsdam

Court

Orange Superior


Attorneys

Plaintiff

Maxwell M. Blecher
(Blecher, Collins & Pepperman PC)

Harold R. Collins


Defendant

Michael G. Rhodes
(Cooley LLP)

Michael R. Adele


Experts

Plaintiff

Michael F. Koehn
(technical)

Facts

In August of 1988, Plaintiff David Holder and Defendant James Sweeney allegedly entered into an oral joint venture agreement to attempt the acquisition of McGaw Inc., an Irvine-based maker of large volume IV's, should it be offered for sale within a 2-year time period. In 1990 McGaw was offered for sale by its parent, The Kendall Company. Defendant James Sweeney, without including David Holder, put together an acquisition group that agreed in July of 1990 to purchase McGaw for approximately $217,000,000.

Settlement Discussions

Plaintiff contends he demanded $8,000,000 and Defendant offered $250,000.

Damages

Half the profit received by Sweeney when McGaw was sold to the IVAX Corporation, valued at $8,500,000.

Other Information

A confidential settlement was reached, following this verdict.

Deliberation

7 hours

Poll

9-3

Length

6 days


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