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Contracts
Fraud
Loan

Meris Financial Inc. v. Vitech America Inc., William St. Laurent

Published: Oct. 11, 2001 | Result Date: Jul. 13, 2001 | Filing Date: Jan. 1, 1900 |

Case number: 981096 –  $0

Judge

Susan Bolton

Court

D AZ


Attorneys

Plaintiff

Gregory J. Sherwin


Defendant

Henry Ben-Zvi


Facts

In 1995, the plaintiff invested in defendant, Vitech, when it was a privately-held company and St. Laurent was its president. The investment was in the form of a loan that plaintiff could convert to stock in Vitech. The plaintiff also obtained options to obtain additional Vitech stock. Several months after the investment was made, the parties agreed to modify the arrangement whereby the plaintiff gave up its right to obtain Vitech stock in exchange for an accelerated loan repayment schedule. After the loan agreement was modified and the loan was repaid, Vitech effected an initial public offering.

Settlement Discussions

The plaintiff demanded $4.5 million dollars, indicating a willingness to accept something less in the seven-figure range. The defendants offered $150,000, indicating a willingness to go significantly higher. The defendants reduced their offer to $25,000 before trial.

Damages

The plaintiff sought lost profits of $10 million dollars plus punitive damages.

Deliberation

nine hours

Length

10 days


#114201

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