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$10,356,596.30 Judgment Set Aside on Behalf of our Clients

Mar 03, 2023

THE BOIES LAW FIRM, PLLC (“Firm”) was retained to defend ABH Natures’ Products, Inc d/b/a Vitahero, Inc., Stocknutra.com, Inc. ABH, Pharma, Inc. and Mohammed “MD” Jahirul Islam (“Defendants” or “Clients”) in a $10,356,596.30 judgment that was entered against our Clients in Charleston County, South Carolina.

 

When our Clients learned a judgment for over ten million dollars was obtained against them in South Carolina, they immediately contacted us. Although our Firm mainly litigates cases in Federal and State Courts in New York, our managing and trial attorney Jerry Boies sought and obtained temporary admission in South Carolina to defend the Defendants.

 

           Our first observation was that Plaintiff claimed our Clients breached a contract, resulting in $135,000.00 in inventory loss but obtained a judgment for $10,356,596.30. Essentially, if the judgment were to stand, Plaintiff would have received a return of 7,671% of its initial investment. Plus, there were no facts in the record to support such breach and damages. Additionally, those numbers would have been a jolt to the judicial system and shock judicial consciousness of any court.

 

           Our second observation was that our Clients were not properly served with the Summons and Complaint. Both the United States and States’ Constitutions provide specific mechanism to serve a party to a lawsuit. On behalf our Clients, we took the position that our Clients were improperly served and that the judgment should be set aside. The South Carolina Court agreed with our position.

 

           Further, through our investigation, we learned that Plaintiff did not have any contracts with most of the Defendants that Plaintiff decided to bring the lawsuit against. The law requires there must be a contractual relationship between two parties to bring a breach of contract claim against each other. We took the position that there was no privity of contract between the Plaintiff and most of our Clients, especially the individual defendants. Again, the South Carolina Court agreed with our position.

 

 In sum, we are thrilled to have saved our Clients millions of dollars. Whether we represent an individual or a major corporation, our Philosophy never changes: we are an institution where knowledge, experience, insight and research are leveraged to deliver the highest quality legal services to our clients while developing the law and being socially conscious.

 

 THE BOIES LAW FIRM is located in the heart of New York City. We focus on civil litigation, corporate practice, and civil rights. Contact us at: (212) 729-0085 or contact@boieslaw.com.

 

Click here to view a copy of Circuit Court Judge Kristi F. Curtis’ Order.

 

Click here to view a copy of the Memorandum of Law in Support of the Motion we filed on behalf of our Clients.

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