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HOTTE v HEALTH MANAGEMENT Click to find out why . . .



Keywords & Phrases
CaseNo: C.A. No. 16,060, CourtCode: CC, CourtName: IN THE COURT OF CHANCERY OF THE STATE OF DELAWARE, Plaintiff: HOTTE, State: DE Delaware, UniqueCaseRef: DE>CC>00016060, Funds, Hotte, Receiver, Fees, Transworld, Motion, Hmi, Delaware, Charging, Payment, Delmarva, Settlement, Del, Polin, Expenses, Judgement, Charging Liens, Support, Contention, Fraud, Indemnification, Defendant Health, Delmarva Poultrv, Partial Summary Judgment, Reasonableness, Weissman, Chancery, Health Management, Prichard, Windfall, Conviction, Factual Basis, Pritchard, Securities Fraud, Bankinq Systems, Scutieri, Thompson, Montqomery, Avoid Paying, Contractual Obligations, Lvlerritt Chauman , ContentID: 120241040

Case Documents
1 2000-07-31 REPLY BRIEF IN SUPPORT OF MOTION FOR PAYMENT BY RECEIVER
[ see first page and extracted highlights below  ] ItemID: 103240
17 pages
PDF
2 2000-07-21 ANSWERING BRIEF OF TRANSWORLD HEALTHCARE IN OPPOSITION TO MOTION OF PLAINTIFFS COUNSEL FOR PAYMENT BY RECEIVER OF LEGAL FEES
[ see first page and extracted highlights below  ] ItemID: 103241
20 pages
PDF
Total Documents: 2 documents , 37 pages
Price: $ 24.95


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1 . REPLY BRIEF IN SUPPORT OF MOTION FOR PAYMENT BY RECEIVER

EXTRACTED KEY WORDS
HOTTE
FUNDS
PLAINTIFFS
CHARGING
TRANSWORLD
DELMARVA
DELAWARE
DEL
POLIN
COUNSEL
JUDGEMENT
CHARGING LIENS
CONTENTION
HMI
RECEIVER
WEISSMAN
WINDFALL
CONVICTION
SETTLEMENT
DELMARVA POULTRV
PRITCHARD
AVOID PAYING
CONTRACTUAL OBLIGATIONS
REASONABLENESS
LVLERRITT CHAUMAN
INJUNCTION
EXPENSES
THIRD PARTIES
INDEMNIFICATION
                    IN THE COURT OF CHANCERY OF THE STATE OF DELAWARE

                                IN AND FOR NEW CASTLE COUNTY

 CLIFFORD E. HOTTE,

                           Plaintiff,
                                               i
           V.                                             Civil Action No. 16060-NC
                                               ;
 HEALTH  MANAGEmNT,   INC.,                                                          `"          c.
                                                                                $z'X J       c .,
                           Defendant.          I                                >>., -
                                                                                . .i.`)      c
                                                                               ;-  -.,      i-2
                                                                               -: r'q       I  z
                                                                               r:,:>
                                                                               -  I..      c.3     
                                                                                           `C_     
                                   REPLY BRIEF IN SUPPORT OF                  z'-'  -i             
                               MOTION OF PLAINTIFF'S COUNSEL                  ;,: 5:       -2      
                       FOR PAYMENT BY RECEIVER OF LEGAL FEES  AI$l.fj                      l -
                       EXPENSES  KURRED IN OBTAINING  JUDGMEN%$                            f-v
                                                                                           ru




                                                    Samuel A. Nolen
                                                    Russell C. Silberglied
OF COUNS.EL:                                        Richards, Layton & Finger, P.A.
                                                    One Rodney Square
Edward L. Wolf, Esquire                             P.O. Box 551
Wolf  & Wolf                                        Wilmington, DE 19899
3 00 Motor Parkway                                  (302) 658-6541
Hauppauge, NY 11788                                  Attorneys for C!lifford E. Hotte




DATED: July 3 1,200O








SNIPPETS:
  • IN THE COURT OF CHANCERY OF THE STATE OF DELAWARE
  • CLIFFORD E. HOTTE,
  • TRANSWORLD'S CONTENTION THAT NO FUND WAS CREATED HAS NO MERIT.
  • TRANSWORLD'S CLAIM THAT AN ATTORNEY'S CHARGING L,IEN IS DISCHARGED BY A CLIENT'S RELEASE OF
  • lvlerritt Chauman & Scott Corp. v. Wolfson,
  • Polin v.:Delmarva Poultrv Co&, Del.
  • IJnited States v. Weissman,
  • Before the Court is a motion seeking payment of certain of the funds Health
  • Inc. has accumulated during its court-ordered receivership to counsel
  • to enforce the judgment obtained.
  • HMI, against which the motion is directed, has not chosen to oppose the pending
  • Only Transworld Healthcare, Inc., the parent company of HIMI
  • Receiver, has tiled opposing papers.
  • plaintiffs counsel variously of "attemptextort," Transworld Answering Brief
  • to assert charging liens in this State and that our courts will "usesuch means as are
  • Polin v. Delmarva Poultry Core:,, Del.
  • compliance with the judgment and mandatory injunction counsel obtained for Dr. Hotte's
  • indem@cation for such expenses afterward.
  • Weissmam ceased paying him prior to his conviction.
  • If we simply enter a judgment, I have little doubt that the corporation will try to avoid
  • Transworld asserts that it "entered into a settlement predicated entirely on Hotte's
  • apple" and a "windfall" were any of the t%nds on hand at HMI paid to plaintiffs counsel
  • its contractual obligations; refixed to obey a mandatory preliminary injunction validly issued
  • and no rights of third parties have intervened.
  • a general release of indemnification rights since at least October 20, 1999, the date of the
  • In Pritchard v. Fulmer, N.M. Supr., 159P.
  • As to the second issue - that reasonableness of the fee cannot be assessed on the

  • 2 . ANSWERING BRIEF OF TRANSWORLD HEALTHCARE IN OPPOSITION TO MOTION OF PLAINTIFFS COUNSEL FOR PAYMENT BY RECEIVER OF LEGAL FEES

    EXTRACTED KEY WORDS
    COURT
    RECEIVER
    FEES
    FUNDS
    MOTION
    PAYMENT
    HMI
    HOTTE
    EXPENSES
    SETTLEMENT
    TRANSWORLD
    SUPPORT
    FRAUD
    DELAWARE
    DEFENDANT HEALTH
    ATTORNEY
    PARTIAL SUMMARY JUDGMENT
    INDEMNIFICATION
    CHANCERY
    HEALTH MANAGEMENT
    PRICHARD
    FACTUAL BASIS
    SECURITIES FRAUD
    BANKINQ SYSTEMS
    DELMARVA POULTRV
    SCUTIERI
    THOMPSON
    MONTQOMERY
    REASONABLENESS
    
                                                                                   .     _
    
               IN THE COURT OF CHANCERY OF THE STATE OF DELAWARE
    
                          IN AND FOR NEW CASTLE COUNTY
    
    CLIFFORD E. HOTTE,                  ))
                      Plaintiff,        ))
         V.                             ) Civil Action No. 16060
                                        1                                                .`
    HEALTH MANAGEMENT,  INC.,           )                               r:,              L'
                                                                        __..
                                        )                                                '-
                                                                                         z
                      Defendant.        )                                . . --
                                                                                         ,-3
                                                                                         _-___- /:r.-;.
                                                                                i  /<          P.3
                   ANSWERING BRIEF OF TRANSWORLD HEALTHCARE,                    :-!:'          i, :
               INC., PARENT OF DEFENDANT HEALTH MANAGEMENT, INC.,  -'
               IN OPPOSITION TO THE MOTION OF PLAINTIFF'S COUNSEL
               FOR PAYMENT BY RECEIVER OF LEGAL FEES AND EXPENSES
    
    
    
    
    
                                     MORRIS, NICHOLS, ARSHT & TUNNELL
                                     David J. Teklits
                                     1201 N. Market Street
                                     P.O. Box 1347
                                     Wilmington, DE       19899-1347
                                     (302) 658-9200
                                        Attorneys for Transworld
                                         Healthcare, Inc.
    
    
    July 21, 2000
    
    
    
                                                                 1.
    
                                TABLE OF CONTENTS
    
                                                               Paqe
    
    TABLE OF CITATIONS                                           ii
    
    
    SNIPPETS:
  • IN THE COURT OF CHANCERY OF THE STATE OF DELAWARE
  • INC., PARENT OF DEFENDANT HEALTH MANAGEMENT, INC., -' IN OPPOSITION TO THE MOTION OF
  • PLAINTIFF'S COUNSEL FAILED TO GIVE TIMELY
  • PLAINTIFF'S COUNSEL HAS FAILED TO SUPPORT
  • In re Central Bankinq Systems, Inc., Del.
  • Polin v. Delmarva Poultrv Corp.,
  • Order compelling the receiver for Health Management, Inc. ("HMI"
  • recovered by the assistance of the attorney for his client.
  • counts of wire fraud, four counts of mail fraud, one count of
  • fraud, mail fraud and securities fraud, and the Second Circuit
  • even if Hotte had some claim to the funds
  • of HMI for all claims to indemnification of his attorneys' fees.
  • It is undisputed that HMI and its parent, Transworld Healthcare,
  • entered into that settlement in good faith and without any
  • absolutely no legal or factual basis for the Court to compel the
  • reasonableness of the fees requested.
  • seeking an Order requiring defendant Health
  • grounds for the motion to vacate the partial summary judgment
  • See Thompson v. Montqomery & Andrews,
  • his intention to claim a lien"); Prichard v. Fulmer, 159 P. 39,
  • Scutieri v. Estate of Revitz,
  •    |