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Construction Law
Misrepresentation
RICO Violation

Beierwaltes v. Mizrahie

Published: Jun. 13, 1998 | Result Date: Apr. 17, 1998 | Filing Date: Jan. 1, 1900 |

Case number: CV954683RC Verdict –  $0

Judge

Rosalyn Chapman

Court

USDC Central


Attorneys

Plaintiff

Richard L. Gabriel


Defendant

Debby Lytton Lloyd

Marshall G. Mintz


Experts

Plaintiff

Clarence Shangraw
(technical)

James J. Lally
(technical)

Facts

Plaintiffs are Colorado residents who purchased a total of $1,135,000 in oriental jade art objects from Alterr Inc. from Jan. 7, 1991, through May 11, 1992. The defendants were brothers who were the majority shareholders in Alterr Inc. from May 2, 1974, to Aug. 3, 1993. The plaintiffs filed a timely action in federal court in Colorado against Alterr, the defendants, and others. Alterr filed a bankruptcy petition prior to trial, and the claims against the defendants were dismissed on personal jurisdictions grounds. The plaintiffs then brought this action against the defendants alleging aiding and abetting RICO violation, conspiracy to violate RICO, violation of Colorado Consumer Protection Act and negligence theories of recovery. The plaintiffs' negligence claims were dismissed prior to trial based on the statute of limitations.

Settlement Discussions

Settlement discussions were not disclosed.

Other Information

The verdict was reached approximately two years and nine months after the California case was filed. A settlement conference was held on Nov. 18, 1996, before U.S. Magistrate Judge Andrew Wistrich, resulting in no settlement.

Deliberation

3½ hours

Poll

_____ - _____ (nos. pls.)

Length

10 days


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