Parsons Behle & Latimer (Parsons) attorneys Richard H. Greener and Slade D. Sokol successfully defended a $5 million dollar Idaho agribusiness client in a contentious family dispute in Idaho District Court over the ownership and ability to manage the family LLC. Parsons and its clients were successful in defeating Plaintiffs’ claims of undue influence, declaratory judgment regarding donative and testamentary capacity, interference with expectancy of inheritance, request for dissolution of the LLC and more. The District Court granted summary judgment in favor of the Defendants on all seven causes of action asserted by the Plaintiffs.
Additionally, Parsons represented Defendants in Magistrate Court where the Plaintiffs (Petitioners in that case) sought the imposition of a guardianship and a conservatorship for their elderly parents alleging that they lacked the capacity to care for themselves or manage their finances. Parsons prevailed in the Magistrate Court obtaining a summary judgment on all Plaintiffs’ claims, except one which was resolved by stipulation to the clients’ satisfaction.
In the District Court case, Parsons attorneys focused on setting up a motion for summary judgment. An intensive discovery process was undertaken to establish that the Plaintiffs’ claims lacked any legal or factual basis. This having been established through discovery efforts, Parsons attorneys filed a comprehensive motion for summary judgment, which the District Court granted in its entirety. All the Plaintiffs’ seven asserted causes of action were dismissed.
Parsons attorney Richard H. Greener says, “The cases were hotly contested and, in a word, sad because it involved the oldest son suing his elderly parents and his younger brother to undo the elderly parents’ wills which were validly executed by the parents. We believed that the Plaintiffs’ allegations were totally lacking any substance and were without merit, which is essentially what was determined by the District Court.”
Parsons attorney Slade D. Sokol says: “After a thorough investigation, it was our belief that Plaintiffs had no basis for any of the claims asserted in the District Court case. There was no proof that our client, the youngest son, had engaged in any conduct that would even remotely support the undue influence claim, and the judge agreed. Our litigation team also discovered that by bringing a claim for dissolution of the family LLC, Plaintiffs triggered an ‘Involuntary Withdrawal’ provision contained in the LLC’s Operating Agreement. Having triggered the Involuntary Withdrawal, Plaintiffs no longer were entitled to manage the family business and were merely ‘Interest Holders.’ This was the best-possible outcome for our clients. I know they will have a very Happy Holiday season.”