Representing the trustee of the liquidating trust formed under the bankruptcy reorganization plan of the Yellowstone Mountain Club, LLC, Bienert Katzman Littrell Williams LLP's partners, Steven Jay Katzman and Tony Bisconti, along with co-counsel in Texas and West Virginia, successfully defended against a counterclaim filed by the former president and CEO of the club alleging breach of contract, conspiracy, and RICO violations, and seeking six billion dollars in damages. The United States District Court for the Central District of California granted BKLW's motion to dismiss the counterclaim with prejudice and denied the former president's motion to amend the counterclaim. Additionally, the Court granted BKLW's motion for sanctions and motion for attorneys' fees and costs incurred in defending against the vexatious counterclaim.
In awarding fees, the Court held that:
“[E]xtensive strategy, review, analysis, and communications performed by both Bienert Katzman Littrell Williams and [co-counsel] B&G were substantive in nature and necessary, addressing complex substantive and procedural issues arising in this case due to several factors, including but not limited to: the nature of the specious claims asserted by Mr. Blixseth; the preexisting litigation across several forums; and complex legal questions of intersecting state, federal, and bankruptcy law.”
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