Harrington & Rodriguez Obtain Dismissal of $50 Million Fraud Case
Chairman William P. Harrington and Partner Adam Rodriguez recently upheld a dismissal in a fraud case among former partners in an international shipping company.
The plaintiff, the Estate of Alkiviades Meimaris, alleged that our clients fraudulently deprived Mr. Meimaris of his ownership interests in TBS Commercial Group, a privately held shipping company, and TBS Shipping International, its publicly traded affiliate, in connection with the latter company’s Chapter 11 bankruptcy reorganization. The Estate sought $50 million in damages.
We filed a motion to dismiss, arguing that the Complaint should be dismissed because the claims were barred by the statute of limitations, and the plaintiff failed to meet the stringent pleading requirements of Federal Rule of Procedure 9(b). The District Court agreed, and dismissed the case in its entirety with prejudice.
But the plaintiff appealed to the U.S. Court of Appeals for the Second Circuit. After we submitted appellate briefing and presented an oral argument to the appellate court, on November 8, 2021, the Second Circuit affirmed the District Court’s Order. You can read the decision here.
Mr. Harrington is Chairman of the Firm’s Executive Committee. He is the head of the Litigation and Toxic Tort/Complex Litigation Practice Groups. Mr. Harrington is an experienced trial attorney who has represented Fortune 500 companies in criminal, commercial, environmental, civil rights, real estate, gaming and employment discrimination matters. His clients have included major oil companies, pharmaceutical companies, hospitals, racetracks/casinos, financial institutions and significant regional companies in all aspects of complex environmental, toxic tort and commercial litigation. Mr. Harrington also represents both municipalities and developers in all phases of land use development and related litigation.
Mr. Rodriguez focuses his practice in the areas of commercial litigation, municipal law, intellectual property and real estate. He currently serves as the Yorktown Town Attorney, acting as legal counsel to the Town, its elected officials, department heads, and its various boards. Before joining Bleakley Platt, Mr. Rodriguez was the Director of Real Estate for Westchester County, where he negotiated complex commercial real estate transactions valued at over $100 million. Prior to his appointment as Director of Real Estate, Mr. Rodriguez defended the County of Westchester in one of the highest-profile HUD enforcement actions in United States history. He has also served as a law clerk to two federal judges, and worked as a litigator at a large law firm in New York City.