The U.S. Fifth Circuit Court of Appeals found multiple reasons to affirm the summary judgment dismissal of unjust enrichment claims by a disappointed business suitor arising from the $30 million purchase in 2011 of 29 Popeye’s Restaurants. The business litigation group comprised of Charles S. Weems, III, Bradley L. Drell, B. Gene Taylor, III, and Laura Beth Matthews represented the winning defendants, Mike Shelton and Shelton Restaurant Group, LLC, and had previously secured dismissal by the Circuit Court of multiple ownership and damages causes of action brought by plaintiff, Reid Zeising of Atlanta, GA, who claimed to be a partner or joint venturer in the restaurants with Shelton, despite no contribution of capital.
The remaining claim related to the purported services rendered by Zeising in pursuit of the unrealized joint business opportunity. The Fifth Circuit found the plaintiff failed to establish two of the elements required to sustain his claim and affirmed its summary dismissal. Gold Weems director Charles S. Weems, III argued before a three judge panel of Judges King, Southwick, and Haynes on April 6, 2016.
For the complete May 16, 2016 opinion of the Fifth Circuit, click here.