Michael Stoberski (Partner-Las Vegas, NV) and Tania Bonilla (Associate-Las Vegas, NV) obtained a defense verdict in the Eighth Judicial District Court, Clark County, Nevada, on behalf of Wilson Elser’s major banking client. The plaintiff, an online product seller, alleged the bank wrongfully interfered with its business by contacting an online vendor in an attempt to secure the bank’s collateral. The plaintiff, an affiliate of the bank’s borrowers, alleged that it properly purchased the rights to purchase and sell inventory from the bank’s borrowers.
Mike and Tania argued that the bank was authorized to contact any vendor holding the bank’s collateral to advise of the bank’s UCC rights, and that the bank was not negligent in seeking the return of monies from the sale of the bank’s collateral.
The plaintiff alleged that this enforcement of the bank’s UCC rights interfered with the plaintiff’s online business, caused the online vendor to freeze the plaintiff’s accounts, and eventually caused the demise of the plaintiff’s business. In support of its damages claim, the plaintiff retained a preeminent Nevada economist to opine that the bank's contact with the vendor and the subsequent freezing of the plaintiff's accounts resulted in millions of dollars in alleged damages. Plaintiff’s counsel asked the jury to award $27 million in damages.
After presentation of the evidence, Tania argued for judgment as a matter of law as to the plaintiff’s claims. She successfully convinced the court to dismiss the intentional interference claim, with the remaining negligence claim to be submitted to the jury.
After a weeklong trial, the jury deliberated for less than three hours before returning a unanimous defense verdict, finding that Wilson Elser's client acted appropriately and did not cause any damage to the plaintiff. Notably, Mike assumed responsibility for the case approximately 90 days prior to trial.
Michael E. Stoberski and Tania G. Bonilla