Shareholder James P. Ware, Mark Kimball and Associate Farnoosh Faryabi have successfully obtained a defense verdict on behalf of their clients in a recent business dispute.  In the lawsuit, the plaintiffs alleged that MDK Law’s clients had agreed to indemnify the plaintiffs for personal guarantees the plaintiffs had executed related to the operations of two retail liquor stores in the greater Puget sound area.  MDK Law founder Mark D. Kimball guided the case’s strategy, and during the four-day bench trial Mr. Ware and Ms. Faryabi were able to establish that there were no oral agreements to indemnify the plaintiffs for the personal guarantees they signed and that the plaintiffs had not informed MDK Law’s clients about the majority of guarantees that they signed.  In ruling in favor of MDK Law’s clients, the judge determined that while there were discussions about the need to allocate risk among the business partners, the parties never came to a final consensus.  The plaintiffs had claimed that they were entitled to damages in excess of $250,000.00 plus indemnification in another matter in the plaintiff is being sued on a personal guarantee for another $360,000.00.  Because of MDK Law’s efforts, the firm’s clients were found not to be liable and were awarded a portion of their legal costs.


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