Fresh Del Monte Produce in Follow-Up Victory Over Eastbrook
March 23, 2005
Cleary Gottlieb represented Fresh Del Monte Produce Inc. (“FDMP”) and its principal shareholder, IAT Group Inc. against a motion to dismiss brought by W. Scott Perry, the sole shareholder of Eastbrook Caribe A.V.V. (“Eastbrook”). On March 16, Justice Charles E. Ramos of New York State Supreme Court directed the entry of a $9.5 million judgment in favor FDMP. Justice Ramos subsequently rejected Perry’s attempt to dismiss the FDMP and IAT complaint against Perry seeking to hold him personally liable on alter ego grounds for the judgment against Eastbrook. The Court denied Perry’s motion to dismiss from the bench, ruling that the alter ego allegations were adequately pleaded and that Perry’s challenge to personal jurisdiction and to the convenience of the New York forum were unfounded.