Legal Opinion

Duravest, Inc. v. VISCARDI, AG

District Court, S.D. New York

Decided October 7, 2008No. 07 Civ. 10590(JSR)PublishedCited by 10 opinions

1Opinion of the Court

OPINION AND ORDER

JED S. RAKOFF, District Judge.

Plaintiff Duravest, Inc. has sued a number of individuals and entities for damages associated with Duravest’s 2005 purchase of Bio-Magnetic Therapy Systems, Inc. (“BMTS”), alleging, among other things, that these individuals and entities knew BMTS was nearly worthless but engaged in fraud and misconduct to lure Duravest into purchasing it. Duravest has named the following defendants: Richard Markoll (“Markoll”), who was the Chief Executive Officer of BMTS at the time of purchase; Ernestine Binder Markoll (“Ernestine”), his wife and a shareholder…

2Cases cited15 opinions

  1. International Shoe Co. v. WashingtonSupreme Court of the United States · 1945
  2. Cutco Industries, Inc. v. Dennis E. NaughtonCourt of Appeals for the Second Circuit · 1986
  3. Kreutter v. McFadden Oil Corp.New York Court of Appeals · 1988
  4. Hoffritz for Cutlery, Inc. And Edwin Jay, Inc. v. Amajac, Ltd. And Jack E. AyersCourt of Appeals for the Second Circuit · 1985
  5. Parke-Bernet Galleries, Inc. v. FranklynNew York Court of Appeals · 1970

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3Cited by10 opinions

  1. In re Terrorist Attacks on September 11, 2001 (Asat Trust Reg.)Court of Appeals for the Second Circuit · 2013
  2. China National Chartering Corp. v. Pactrans Air & Sea, Inc.District Court, S.D. New York · 2012
  3. Thorsen v. Sons of NorwayDistrict Court, E.D. New York · 2014
  4. In Re Banco Santander Securities-Optimal LitigationDistrict Court, S.D. Florida · 2010
  5. Cacchillo v. Insmed Inc.District Court, N.D. New York · 2011

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