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11 th Circuit Affirms Jury Trial Win for Defendants in
Al Ghena International Corp. et al v. Radwan et al.
Greenspoon Marder Successfully Represents the Defendants in Almost Complete Defense Victory
FORT LAUDERDALE, FL – June 27, 2017 – The United States Court of Appeals for the 11th Circuit last week affirmed a final judgment in favor of Defendants Talat Radwan, Jason Radwan, and Cortez Holding Group, Inc. in Al Ghena International Corp. et al v. Radwan et al. as reached by a federal jury in Fort Lauderdale in its verdict for the Defendants in an almost complete defense victory in the matter.
The Appellate Court affirmed the judgment, including the jury instructions provided by Judge Dimitrouleas that were considered when the jury rejected the unfounded claims for fraudulent inducement. Filed in 2012 by Al-Ghena International Corp. and Shairco for Trading, Industry and Contracting, the lawsuit alleged that Cortez Holding Group and the Radwans fraudulently induced Al-Ghena International Corp. and Shairco to invest $12 million dollars in a proposed hotel project near the beach in Fort Lauderdale which they could not prove. Thus, the judgment denying the relief sought and in favor of the Radwans and Cortez Holding Group, Inc. stands affirmed.
The allegations presented to the jury included primarily fraud and breach of contract claims, all of which were rejected by the jury. In addition, the Radwans and Cortez Holding Group, Inc. received a sanctions order against the Plaintiffs for attorney’s fees relating to the Plaintiffs’ improper discovery and “risky” deposition tactics. The Plaintiffs sought approximately $12 million, plus punitive damages, but were only granted a portion of one count of eight counts for an alleged duty for $214,000 against Cortez Holding Group, Inc. only, and none against the Radwans. Even that amount is reduced by the amount of sanctions awarded to the Defendants and against the Plaintiffs.
On June 22, 2017, the 11th Circuit affirmed the final judgment in favor of the Defendants and denied the Plaintiffs’ appeal related to jury instructions on the Defendants’ affirmative defense waiver.
Beth-Ann Krimsky of Greenspoon Marder successfully led the defense during the two-week jury trial in the U.S. District for the Southern District of Florida and during the appeal before the 11 th Circuit Court of Appeals
“The 11th Circuit’s ruling last week confirms what we knew all along: that the Plaintiffs’ allegations of fraud were false and meritless,” comments Ms. Krimsky.
John H. Pelzer, Shareholder at Greenspoon Marder, worked on the appeal and Of Counsel Steven Fender served as second chair during the trial.
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