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Flowing

02/06/14 11:53 AM

#18783 RE: maybe_this_time #18782

Maybe there are some reasons it didn't work out with Tim Harrington in the past...

MEDIAXPOSURE LIMITED (CAYMAN) v. HARRINGTON
CASE NO. 8:11-CV-410-T-TGW.

(...)

The plaintiff alleges in this lawsuit that the defendants breached their fiduciary duty to ResponzeTV PLC ("RETV"), which resulted in its dissolution. Essentially, the plaintiff alleges defendants Kevin and Timothy Harrington, former officers of RETV, misappropriated funds from RETV a..nd engaged in self-dealing, and that the other defendants failed to cooperate with the investigation into the Harringtons' misconduct. Defendants Infusion Brands International, Inc. ("Omni"), VICIS Capital Master Fund, and VICIS Capital, LLC, move to dismiss the one-count amended complaint on the ground that it fails to state a claim against them.
Viewing the well-pled factual allegations in the light most favorable to the plaintiff, it has failed to state a cognizable claim that the corporate defendants owed a fiduciary duty to RETV. Therefore, Defendants VICIS Capital Master Fund and VICIS Capital, LLC's Dispositive Motion to Dismiss (Doc. 34) and Defendant, Omni's, Motion to Dismiss Amended Complaint (Doc. 36) will be granted.


http://www.leagle.com/decision/In%20FDCO%2020120517C91