Lance R. and Elaine C. LeFleur - Page 6

                                                - 6 -                                                 
            defendants fraudulently induced petitioner to enter into the                              
            agreement set forth in the April 27 letter (fraud in the                                  
            inducement) and fraudulently represented to petitioner that they                          
            would pay him an incentive commission based upon the sales price                          
            of BERC, among other benefits (promissory fraud).  The fifth                              
            count alleged that the defendants intended to inflict emotional                           
            distress upon petitioner (the tort of outrageous conduct).                                
            Petitioner sought compensatory damages, interest, and costs for                           
            the breach of contract counts.  Petitioner sought compensatory                            
            and punitive damages for the fraud counts, as well as for the                             
            tort claim of outrageous conduct.                                                         
                  Bolton agreed to represent petitioner in the suit.  After                           
            evaluation of petitioner's various claims against the defendants,                         
            Bolton determined that petitioner's best cause of action was for                          
            breach of contract arising out of the April 27 letter.                                    
                  On March 1, 1991, the defendants filed a Notice of Removal                          
            to the United States District Court for the Middle District of                            
            Alabama, Northern Division, based upon the premise that all of                            
            the claims asserted by petitioner were preempted and controlled                           
            by the Employee Retirement Income Security Act of 1974, Pub. L.                           
            93-406, sec. 502(a), 88 Stat. 829, 891.                                                   
                  On October 14, 1991, Blount publicly disclosed the                                  
            unexpected resignation of Van Sant as its president.  Upon Van                            
            Sant's resignation, Oscar J. Reak (Reak), a former president of                           

Page:  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