Irvine, CA - Enterprise Counsel Group, A Law Corporation (ECG), a leading business trial, appellate and corporate law firm, has now secured a $103 million + judgment for McWhinney, a Denver-based comprehensive real estate development, investment and management firm with five major properties in Southern California including The Hyatt House/Irvine, The Great Wolf Resort Southern California, and Hilton Garden Inn of Anaheim.
McWhinney sued Memphis-based Poag & McEwen Lifestyle Centers-Centerra, LLC for failing to properly manage and refinance an upscale outdoor shopping center in Loveland, Colorado.
In a 79-page decision, the Colorado District Court for Larimer County (in Ft. Collins) first awarded McWhinney $42,006,032.50 in damages against Poag & McEwen. Now, the Court has awarded McWhinney another $55,670,155.00 in prejudgment interest dating back to December 21, 2018 plus $22,532.37 for each day that passes until final judgment is entered. As a result, McWhinney’s total award exceeds $103 million. The Court is expected to enter final judgment, including costs and attorneys’ fees, shortly.
In explaining why Poag & McEwen must pay such a large award, the Colorado Court stated the individuals controlling Poag & McEwen committed acts of self-dealing, willful misconduct, gross negligence and concealment (fraud), which intentional wrongdoing caused Poag & McEwen to breach several contractual and fiduciary duties. The Court also found the same misconduct caused the shopping center to go into foreclosure.
According to McWhinney’s lead trial attorney, ECG Managing Partner David A. Robinson, “We are gratified the Larimer County District Court was able to see through Poag & McEwen’s'smokescreen' defense, and so accurately describe in its judgment the overwhelming evidence of Poag & McEwen’s concealed wrongdoing and manipulation of several complicated financing transactions. We also appreciate that the Court took appropriate steps to make McWhinney whole.”
Enterprise Counsel Group, A Law Corporation, is an Irvine, California-based business trial, appellate and corporate law firm, with expertise in aggressive courtroom and boardroom representation. The firm provides representation to a broad spectrum of successful businesses in California, Colorado, Nevada and across the United States.
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Enterprise Counsel Group
A Law Corporation
3 Park Plaza, Suite 1400
Irvine, CA 92614-8537