John P. Lynch Secures Dismissal of Texas Commercial Matter

John P. Lynch Jr.

In the Spring of 2020, the plaintiff filed an action in Texas for a temporary restraining order to prevent an auction of some of John’s client’s assets arising out of an assignment for the benefit of creditors. The defendant had purchased a business from the plaintiff, but the business failed. The plaintiff claimed that he was owed substantial sums under the purchase agreement. With the assistance of local counsel, John defeated the request for a TRO and the auction proceeded.  The plaintiff then filed a complaint against his client under theories of breach of contract, common law fraud, breach of fiduciary duty, and the fraudulent transfer of property.  In December 2021, after the plaintiff’s settlement overtures were rebuffed, the plaintiff dismissed all his actions with prejudice on the eve of trial.