Real Estate, Rental & Leasing

The 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.

Initailly, 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.

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