Representative Cases
The firm’s clients brought an action against its former joint venture counterpart claiming that it had been improperly denied the opportunity to exercise a right of first refusal when that counterpart sold all the stock in two subsidiaries involved in the venture. The primary advocacy challenge was to demonstrate a case of fraud by partial disclosure where the misrepresentations arose from the actuarial methods utilized on the pension plans. Despite this difficulty, the United States Court of Appeals for the Fifth Circuit reversed the summary judgment granted by the district court and reinstated the client’s claim.
Case / Citation: Union Pacific Resources Group, Inc. v. Rhone-Poulenc, Inc., 247 F.3d 574 (5th Cir. 2001)
Opinion(s)
- Fifth Circuit Opinion (pdf)
Briefing(s)
- Brief of Appellants (pdf)
- Reply Brief Of Appellants (pdf)
