Bryan Ventures v. Gainor


02/18/09 – 02/18/09

Play button overlay 45f08f27c7337d189e8c31e635b5d0a0781b273131135cd77ee8b6f12366e7a2
Play button overlay 45f08f27c7337d189e8c31e635b5d0a0781b273131135cd77ee8b6f12366e7a2


Motions for stay and dismissal in case involving basis-shifting (BOSS) revenue transactions that the defendant used as tax shelter to protect capital gains revenue from taxation after the sale of the defendant's medical supplies businesses. The tax shelter, however, turned out to be illegal, and the defendant ended up having to pay $13M to the IRS, and sought to recover damages from those that had marketed the shelter.

The defendant requested a stay pending resolution of a federal case in Florida allegedly involving the same parties, witnesses, documents, and claims, some of which had settled in Florida, and which would allegedly have res judicata and collateral estoppel effect in the Georgia action, and would be dispositive of the Georgia action.

The plaintiff claimed that most of the parties in Georgia were not parties in Florida, and would not even be subject to jurisdiction in Florida; therefore, the Georgia issues would eventually have to be resolved anyway, and so judicial economy would not warrant a stay. Further, issue and claim preclusion would not apply without identity of parties.


Suggest a Trial

Want to see a trial that you don't see in our list of upcoming trials?

Suggest a Case

CVN Essentials

The most important and informative moments of each trial

CVN Essentials

Video Library

Unlimited access to thousands of hours of past coverage of high stakes civil litigation

Video Library

  • Follow Us
  • Contact Us
  • 3901 Roswell Road
  • Suite 302
  • Marietta, GA 30062
  • 877-838-9067

Copyright 2020 Courtroom Connect.