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Contracts
Breach of Contract
Fraud

Dan Hucke, Richard Genaitis, Roger L. Yandell, Cory A. Knight, et al. v. A2Z USA Inc., Steve Moran, Robin McPherson

Published: Oct. 22, 2002 | Result Date: Nov. 15, 2001 | Filing Date: Jan. 1, 1900 |

Case number: 731810031700ARC Arbitration –  $11,209,400

Court

San Diego Superior


Attorneys

Plaintiff

Laura K. Kail


Defendant

Kennan E. Kaeder


Experts

Plaintiff

Gregory Estevane
(technical)

Facts

The claimants argued that the respondents sold them participation in an internet shopping mall
and that the respondents had represented that they had exclusive contracts with certain major
companies. The claimants alleged that the respondents had collected money from them but
failed to make the web site operational. The claimants, a total of twenty-six individuals and
entities, argued that the venture was a scam. They sued for breach of contract and fraud.

Damages

The claimants sought to recover the monies that they had "paid" for "units" sold to them in the LLCs.

Other Information

The arbitration panel unanimously awarded the claimants $11,209,400 consisting of $1,209,400 in compensatory damages and $10,000,000 in punitive damages. The respondents were found jointly and severally liable. The arbitrators held that fraud was established by clear and convincing evidence, and that the respondent had reaped sufficient funds from the scam to justify the punitive damages. The claimants have filed the petition to confirm the arbitration award in San Diego Superior Court. The case was arbitrated by Charles W. Froehlich Jr., John M. Seitman and Richard W. Page of San Diego County Superior Court.


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