- 42 - intended to pay for petitioner’s direct claims and was not necessarily intended to include claims of libel, slander, and emotional distress as later alluded to in the Implementing Agreement. Moreover, it is the absence of knowledge of the claim by Mr. Boyle and Ormet that is most damaging to petitioner. The basis of the controversies between petitioner and Ormet centered around issues dealing with directors’ rights in a contest for corporate control and petitioner’s rights pursuant to the Option Agreement. These claims are essentially contractual in nature. The record reflects that these disputes were petitioner’s and Ormet’s primary concern in conducting and settling the Six Lawsuits. Petitioner’s attorney, Mr. Conner, wanted Ormet’s attorney, Mr. Bachman, to allocate the $12 million to the personal injury claims that petitioner had not filed, but Mr. Bachman, Mr. Boyle, and Ormet were unwilling to do so. In fact, Mr. Bachman testified that Ormet did not spend any time defending against claims for libel or slander because there were none filed by petitioner. VI. Conclusion Petitioners have not demonstrated that the $12 million payment Mr. Bradley received from Ormet was “on account of personal injuries or sickness”. Moreover, the Court will not speculate as to unstated possible reasons for the settlement norPage: Previous 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 Next
Last modified: May 25, 2011