Successfully Defended a Physician’s Practice from a Former Physician Seeking Termination Benefits
We represented a physician’s practice at trial in a matter involving a physician who had been denied termination benefits that had been provided to other shareholders in the practice. While the physician was a shareholder, their contract did not include a provision for termination benefits. The physician filed suit, and a jury found in favor of our client. The physician appealed the decision, and the West Virginia Supreme Court of Appeals affirmed the jury verdict, resulting in substantial financial savings for our client.
Successfully Defended Appeal of the Dismissal of Breach of Fiduciary Duty and Conversion Claims
We obtained dismissal of breach of fiduciary duty and conversation claims against our client, a bank, based upon the statute of limitations. The plaintiff, an attorney, had deposited client funds into an account under his name. These funds were seized by the state of West Virginia as a result of the lawyer owing back taxes. The lawyer sued the bank, alleging that it should not have permitted the state to seize the funds because they were client funds, despite being in an account in his name. We argued that the lawyer knew for more than five years of the seizure of the funds before he filed suit and that the claims should be dismissed under the statute of limitations. After we prevailed at the Circuit Court, the lawyer appealed to the West Virginia Supreme Court, which upheld the dismissal.