MTA Defeats Challenge To Clients’ Asset Sale With Successful Motion To Dismiss In Federal Court

Mortenson Taggart Adams LLP (“MTA”) successfully moved to dismiss tort and contract claims asserted against health care client in federal court. MTA represented the nation’s third largest provider (by revenue) of repair services for surgical equipment in the United States healthcare industry, along with one of its principals.  The lawsuit concerned a sale of substantially all of the clients’ business assets that was initiated by a non-party to the transaction.  The Plaintiff asserted seven causes of action, including  fraud, breach of fiduciary duty, breach of contract, and various other business torts.  After removing the action to federal court, MTA filed a comprehensive motion to dismiss that included challenges pursuant to Rules 12(b)(1), 12(b)(2), 12(b)(3) and 12(b)(6) of the Federal Rules of Civil Procedure.  Judge Dale S. Fischer, District Judge for the Central District of California, granted the motion and entered judgment in favor of MTA’s clients.  The case is Dawoodjee v. Agiliti Health, Inc. et al., No. 22-cv-00704. 

The MTA team was led by Bob Schultz, and included Justin Klaeb. 

Disclaimer: While every effort has been made to ensure the accuracy of this article, it is not intended to provide legal advice as individual situations will differ and should be discussed with an experienced franchise lawyer. For specific technical or legal advice on the information provided and related topics, please contact the author.