D|S FRAUDULENT INDUCEMENT VERDICT
AMONG LARGEST IN MASSACHUSETTS OVER LAST YEAR
$5.36 MILLION JURY VERDICT FOR FORMER CFO
After a four-week trial, a Lawrence Superior Court jury awarded $5.36 million
to the former CFO of Planet Fitness, finding that she was fraudulently
induced into signing a settlement agreement to repurchase shares and settle
claims against the Company. The verdict was reported by Massachusetts
Lawyers Weekly as one of the largest Massachusetts verdicts from July
2018 to July 2019. The jury found the defendants deliberately misled
DeMoura|Smith’s client and concealed information about a private equity transaction affecting
her interest in the company. Superior Court Justice Jeffrey Karp presided
over the trial. The plaintiff was represented by
Kenneth J. DeMoura and
Francisca D. Morant of the Boston-based law firm,
DeMoura|Smith LLP.
Massachusetts Lawyers Weekly - July 8, 2019
"We were very confident that after the presentation of the evidence
the jurors would find that our client had trusted the wrong people to
do the right thing, and we are grateful for their service, attention and
hard work on this important case" said
Ken DeMoura, lead trial counsel for the plaintiff.
Boston trial lawyer,
Ken DeMoura is a founding partner of
DeMoura|Smith LLP with offices in Boston, Wakefield and Revere. He is an experienced trial
lawyer and counselor to individuals and businesses. He currently serves
as President of Litigation Counsel of America, an invitation-only trial
lawyer society. He has been recognized by his peers for inclusion in The
Best Lawyers In America® since 2012 and as a Massachusetts Super Lawyer®
since 2005. He is AV® Rated by Martindale-Hubbell®. Ken served
as chairperson and treasurer of the national Complex Commercial Litigation
Institute until October 2018.
Francisca Morant, co-counsel for the plaintiff, is a trial attorney at
DeMoura|Smith with over thirty years of experience representing businesses, individuals,
and institutions, handling significant cases involving complex commercial
issues, products liability, banking, contract, insurance, environmental,
real estate and employment law. She worked in private practice at two
of the largest and most-respected firms in Boston. She also previously
served as Associate General Counsel for a leading Metro-Boston health
care institution and as guardian ad litem, appointed by the Massachusetts
Juvenile Court, advocating for the educational, medical, residential,
and governmental services required for children in need.