Real Estate, Rental & Leasing

Plaintiff brought claims against Humberto Visconte, his wife and their wholly owned entity, Markethings, LLC. arising out of allegations that Mr. Visconte, while acting as CEO of the Brazilian subsidiary, usurped a corporate opportunity for his own benefit, took kickbacks and performed other wrongdoing related to the Brazilian entity’s purchase of a large tract of land and its construction of a new manufacturing operation in Brazil. Initially, Plaintiff pursued its action in the Brazilian courts where they sought a pre-judgment freeze of all of Mr. Visconte’s assets. After motion practice in that regard was denied by the Brazilian court, Plaintiff brought the US Action and placed a lis pendens on the title to a several million dollar property owned by Visconte through a limited liability company. The property was in contract to be sold. After extensive motion practice, the court dissolved the lis pendens allowing the property to be sold and dismissed the action in its entirety based upon the doctrine of forum non conveniens, in a detailed decision. Pursuant to the doctrine, the court held that Brazil was the most convenient forum for resolving this dispute particular since the Brazilian courts had already ruled on the issue of pre-judgment attachment of assets. Based upon our team establishing through translated Brazilian court documents, that the issue of whether assets should be frozen had already been decided, Judge Goodman found the US action to be blatant forum-shopping. With the threat of sanction due to our timely filed sanction motions, plaintiff’s counsel agreed not to appeal and drop the entire action in exchange for the dropping of the sanctions motions. With the dissolving of the lis pendens and the agreement not to appeal, the client could proceed with the long-scheduled closing on the property in question.

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