2:20-cv-12618
E.D. Mich.Sep 30, 2024Background
- Izzo Golf, Inc. sued King Par Golf Inc. (owned by William J. Baird) successfully for patent infringement, obtaining a judgment over $12 million in 2010.
- Izzo later sought to hold Baird personally liable by piercing the corporate veil, winning judgment against him in August 2019 for over $8.8 million.
- Izzo served a restraining notice on Baird prohibiting him from transferring assets before judgment satisfaction.
- During and after these actions, Baird made payments to and transferred assets (including valuable coins) to his attorney, Darice Weber, allegedly for legal services in a state court malpractice case.
- Izzo filed suit in the Eastern District of Michigan alleging these transfers to Weber were fraudulent and voidable under the Michigan Uniform Voidable Transactions Act (UVTA).
- Weber moved to dismiss Izzo’s complaint for failure to state a claim under Fed. R. Civ. P. 12(b)(6).
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether transfers from Baird to Weber were voidable under Michigan’s UVTA | Transfers were voidable because Baird was prohibited from transferring assets and Weber received property/funds without providing equivalent value | Izzo failed to allege facts showing Weber did not provide reasonably equivalent value; complaint is conclusory | Izzo failed to state a plausible claim; motion to dismiss granted |
Key Cases Cited
- Bell Atl. Corp. v. Twombly, 550 U.S. 544 (2007) (complaints must plead sufficient factual matter to cross the plausibility threshold)
- Ashcroft v. Iqbal, 556 U.S. 662 (2009) (complaint must state a plausible claim for relief)
- Gregory v. Shelby Cnty., 220 F.3d 443 (6th Cir. 2000) (court need not accept as true unwarranted factual inferences or legal conclusions disguised as facts)
