- 8 - Owens Loan when it refinanced the property on March 4, 1988. At that time, the principal balance of the loan was $86,181.50. Petitioner issued another obligation against the property in 1988 to settle a shareholder derivative suit (the McMahon Litigation). On August 17, 1984, McMahon, a minority shareholder, instituted a suit against petitioner, all other shareholders, and Byrne. McMahon alleged, among other things, that Byrne unilaterally appointed his own family as officers and directors, that the Byrne family caused NII to purchase three subsidiary corporations without informing McMahon, that the family diverted money from petitioner to the subsidiaries for the purpose of paying salaries and stipends to the family, and that the family's behavior generally constituted self-dealing and breach of fiduciary duty. The parties pursued the litigation from August 1984 through March 1988. The litigation essentially ended on October 29, 1987, when Judge Thomas Smith imposed sanctions after several attempts by McMahon's lawyer, Jones, to enjoin the corporation from carrying on its business. Judge Smith explained the sanctions, stating: It appears to the court that your conduct and your client's conduct in this case, Mr. Jones, is reprehensible, to say the least. * * * * * * * There is no factual basis; there is no legal basis for your continuing to proceed in this case. What you're doing is, quite simply, harassing the other side and I'm tired of it, and if you won't stop doing it on your own account, thenPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011