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Loan Guarantee; Bank Foreclosure; Bad Faith; Emergency Injunction |
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The Bank of America notified a customer that it was foreclosing in 5 days on 13.5 million of his assets it was holding as security on a bridge loan to a condo developer. The Bank had recently become the customer’s “private banker” and was managing his investments after he sold his business. The customer thought his securities were safe because the Bank had promised to provide the permanent financing on the condo project which would pay off the bridge loan and release his guarantee. When the Bank decided shortly before the closing date that it would not make the loan, the developer had to obtain more costly financing, which did not satisfy the bridge loan, and the Bank would not release its customer from his guarantee. The developer later defaulted, and the Bank attempted to collect the bridge loan by foreclosing on its customer’s assets. The customer contacted his long-time attorney’s at one of Atlanta’s major law firms, but they had a conflict of interest because other lawyers in their firm had done legal work for the Bank; they referred the customer to F&H. Having only one day before the scheduled foreclosure, F&H prepared and filed a detailed lawsuit against the Bank and presented an emergency motion to the Court. F&H succeeded in obtaining a restraining order that same day preventing the Bank from conducting the foreclosure. |
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Health Insurance; Cancellation; Emergency Injunction |
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A cancer patient was notified by Blue Cross Blue Shield that his health insurance coverage was being cancelled, in the middle of his chemotherapy treatments. He had declined Medicare because his oncologist didn’t accept Medicare patients, but his policy said his benefits would be drastically reduced when he became eligible for government coverage, whether he accepted it or not. The oncologist said the patient would not survive without the treatments, but the insurer refused to pay. The Firm filed an emergency petition with the Court, which held an immediate hearing, and an injunction was issued ordering the insurer to reinstate the Client’s full benefits and to pay for the chemotherapy. |
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Contracts; Arbitration; Bad Faith; Attorneys' Fees |
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The senior litigation partner of a major national law firm hired the Firm to represent him in a fraud claim against a Texas corporation for causing him mental anguish by breaching a contract for timely delivery of merchandise. The Firm filed suit in Federal Court, the Texas company demanded arbitration, and the Court ordered the case to arbitration, where, after a five-day trial, the Arbitrator found the Texas company was guilty of bad faith and awarded full damages to the Client plus 100% of all fees and costs incurred (over $250,000+). |
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Breach of Contract; Telecommunications |
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A lawsuit was brought against both a Fortune 1000 telecommunications company and a prospective purchaser of equipment, alleging that the telcom company-Client had breached a contract with the plaintiff for the purchase of the equipment, and that the prospective purchaser-Client had tortiously interfered with the alleged contract between the telcom company and the plaintiff. The Firm was hired to represent both the company and the purchaser, and a favorable settlement was negotiated with the plaintiff allowing the company to sell the equipment to the purchaser as planned. (The purchaser-Client was then able to begin operations as the first national minority-owned telecommunications company.) |
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Securities; Fraud; Negotiated Settlement; Brokers |
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A registered securities representative, who had inadvertently directed almost $100,000 of her client’s money into a fraudulent securities venture, hired the Firm to defend her in this case involving sixteen different parties. After extensive litigation and negotiation, the Firm succeeded in getting her dismissed from the action and she was not required to contribute to the settlement fund, all of which was paid by other defendants. |
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