- 5 - Later in 1972, the price of USI's stock fell, and the Leesburg Bank issued margin calls to petitioner. When petitioner did not respond, the bank began selling his stock. Petitioner then demanded that USI pay the dividends to the Leesburg Bank, but USI refused. Subsequently, the Leesburg Bank liquidated petitioner’s stock because the loans had become under- collateralized. In 1972, petitioner filed suit in Florida against USI. Petitioner's lawsuit against USI lasted several years and included a jury trial that ended in a mistrial, a second jury trial that was appealed, reversed in part, and remanded (Gregg v. U.S. Indus., Inc., 715 F.2d 1522 (11th Cir. 1983), modified 721 F.2d 345 (11th Cir. 1983)), and a third jury trial that was affirmed by the Court of Appeals for the Eleventh Circuit (Gregg v. U.S. Indus., Inc., 887 F.2d 1462 (11th Cir. 1989)). USI paid petitioner on the judgment in 1990. The claims on which petitioner prevailed that are relevant to this case are: (1) Common-law fraud; and (2) interference with a business relationship. The Common-Law Fraud Claim The crux of petitioner's common-law fraud claim was fraudulent inducement. Petitioner alleged that USI fraudulently promised to provide petitioner's former businesses with capital required for their successful operation, when in fact USI's established financial policies severely limited the cash that it could make available to them for additional working capital.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