1 / 0

Opening Statement

Opening Statement. Maglica v. Maglica Case for the Plaintiff. Reasons for Lawsuit. Suing defendant for breach of contract, breach of partnership agreement, fraud, breach of fiduciary duty and quantum meruit Recover half the value of the business, Mag Instruments, Inc.

aquene
Download Presentation

Opening Statement

An Image/Link below is provided (as is) to download presentation Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author. Content is provided to you AS IS for your information and personal use only. Download presentation by click this link. While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server. During download, if you can't get a presentation, the file might be deleted by the publisher.

E N D

Presentation Transcript

  1. Opening Statement

    Maglica v. Maglica Case for the Plaintiff
  2. Reasons for Lawsuit Suing defendant for breach of contract, breach of partnership agreement, fraud, breach of fiduciary duty and quantum meruit Recover half the value of the business, Mag Instruments, Inc. Total value of the company estimated at $400 million
  3. Undisputed Facts of the Case Engaged in a 23 year common law marriage; beginning in May 1971 Parties lived together Plaintiff used Defendant’s last name Marriage was not legal Ceremony was not presided over by a member of the clergy or Justice of the Peace Both parties were involved in divorce proceedings from previous marriages Never legalized marriage
  4. Plaintiff’s Testimony Parties were married on May 14, 1971 Oral agreement between parties stating a 50-50 division of business and assets on same day of wedding Never legalized marriage due to defendant’s objections
  5. Plaintiff’s Testimony (continued) Worked for business with no pay until company was incorporated in 1975, after which she received an annual salary Made a significant contribution to the business and is largely responsible for its success Should be compensated for contributions
  6. Defendant’s Testimony Admits knowledge of and agrees that parties were married on May 14, 1971 States that because marriage was not legal, he never considered Claire to be his wife NO oral contract between parties giving plaintiff 50 percent interest in company
  7. Defendant’s Evidence 1976 College Financial Aid Form Separate Property Agreement – signed by both parties in 1977 Plaintiff’s Travel Expense Receipts
  8. Major Events Timeline May 14, 1971-Tony promises Claire a 50% interest in the company through an oral agreement 1975- Mag Instruments becomes a corporation May 14, 1971- Tony and Claire are married 1992- Claire sues Tony to receive her promised share of the company 1951- Anthony "Tony" Maglica opens his machine shop
  9. An illustration of just a few of the wide variety of products Mag Instruments, Inc. manufactures and sells.
  10. Conclusion Plaintiff will prove: Parties were considered to have a common law marriage Oral agreement existed between parties giving 50% interest in Mag Instruments, Inc. to plaintiff Separate Property Agreement is invalid Plaintiff should recover compensation for her years of contributions to company
More Related