On behalf of multiple clients, Partner Christopher Wiech and Associate Jarvarus Gresham persuaded an Atlanta judge to remove from jury consideration (and thereby quash) a 20-count lawsuit that had included allegations of racketeering.
The plaintiff in Annicelli v. Mari et al. was a former employee and minority shareholder of TactusMD Inc., an electronic medical records company. His suit targeted two TactusMD majority shareholders – one of them the company CEO – as well as Docsnap Inc., an unrelated patient-centric mobile app also co-founded by the individual defendants.
His claims alleged violations of the Georgia Racketeer Influenced and Corrupt Organizations (RICO) Act , misappropriation of trade secrets and breach of fiduciary duties. Styled as a shareholder and creditor-derivative lawsuit, the case alleged that our clients drained the corporate assets of TactusMD to fund lavish lifestyles and the development of Docsnap.
Through a pretrial motion argued by Gresham, the court prohibited the plaintiff’s assertion or allegation that he brought the claims derivatively or on behalf of any creditors of TactusMD. The court’s ruling was based on the arguments that creditor-derivative standing was not recognized under Georgia law and that any evidence of creditors would be prejudicial and cumulative.
As opening statements and Wiech’s cross-examination made clear, the plaintiff faced insurmountable obstacles to meet his burden of proof on multiple causes of action. Gresham and Associate Sarah Hayes drafted and finalized a motion for directed verdict, which Cobb County Superior Court Judge Jason Marbutt approved and granted on all 20 counts. Following this decision, the judge took up the defendants’ motion for payment of attorneys’ fees.