Iqbal Husain v. Amjad Khan / Amjad Khan v. Iqbal Husain
Published: Jan. 22, 2011 | Result Date: Aug. 27, 2010 | Filing Date: Jan. 1, 1900 |Case number: 5:06-cv-07081-JF Bench Decision – $77,615
Court
USDC Northern
Attorneys
Plaintiff
Defendant
Daniel A. Kotchen
(Kotchen & Low LLP)
Daniel L. Low
(Kotchen & Low LLP)
Facts
Iqbal Husain claimed that he and Amjad Khan were to jointly develop a telecommunications product in 2004 called the Bangla Box. The Box would be used for a public service telephone network and they would jointly manufacture and market them in the form of a corporation. The corporation would be called Commlink, to be incorporated in both Bangladesh and in the U.S.
Husain sued Khan for breach of contract for Khan's failure to deliver the software.
Khan countersued Husain for fraud, constructive fraud, interference with economic advantage, negligent interference with economic advantage, breach of contract, breach of fiduciary duty of care, breach of fiduciary duty of loyalty, intentional infliction of emotional distress, misappropriation of trade secrets, negligent infliction of emotional distress, unjust enrichment, conversion of property, and imposition of constructive trust.
Contentions
PLAINTIFF'S CONTENTIONS:
Husain claimed that he and Khan agreed to share in the profits from their joint venture on an equal, 50/50 basis. Husain further claimed that it was agreed upon that the product would be developed by Khan in Bangladesh and Husain would develop the prototype for the hardware in the U.S.
DEFENDANT'S CONTENTIONS:
Khan claimed that Husain failed to adhere to the representations he made and that Husain formed a limited liability company called Commlink on his own and failed to establish Khan as a founder and joint principal.
Damages
Husain sought $150,000 in damages and attorney fees.
Result
The court found in favor of Husain and awarded him $77,615.11, which included pre-judgment interest at a rate of 10 percent, plus post-judgment interest at a rate of 0.25 percent plus costs. The court dismissed Khan's claims.
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