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2:20-cv-12618
E.D. Mich.
Sep 30, 2024
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Background

  • 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)
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Case Details

Case Name: Izzo Golf, Inc. f/k/a Dancorp Investors, Inc. v. Weber
Court Name: District Court, E.D. Michigan
Date Published: Sep 30, 2024
Citation: 2:20-cv-12618
Docket Number: 2:20-cv-12618
Court Abbreviation: E.D. Mich.
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    Izzo Golf, Inc. f/k/a Dancorp Investors, Inc. v. Weber, 2:20-cv-12618