Dechert Secures Complete Trial Win for Fillmore Capital Partners

After more than seven years of litigation, Dechert LLP has secured a complete trial win for Fillmore Capital Partners. In its September 5, 2014 decision, Vice Chancellor John W. Noble of the Chancery of the State of Delaware court ruled in favor of Dechert clients Ronald E. Silva, Pearl Senior Care, LLC, PSC Sub, LLC, Geary Property Holdings, LLC, Fillmore Capital Partners, LLC, Fillmore Strategic Investors, LLC, Drumm Investors, LLC, and Fillmore Strategic Management, LLC.

The action, originally brought against Ron Silva and his company Fillmore Capital Partners in 2007, asserted breach of an alleged oral partnership agreement regarding the allocation of benefits from the leveraged US$2.2 billion buyout of a large national nursing home chain. The plaintiffs sought total damages in excess of US$220 million. Vice Chancellor Noble concluded that the Plaintiffs failed to prove the existence of an oral partnership and rejected the related promissory estoppel, promissory fraud and unjust enrichment counts as well. In the long running litigation Joseph Escher, a partner in Dechert’s complex commercial litigation practice, represented Ron Silva as well as Silva’s controlled entities.

In addition to Escher, Dechert’s team included Joseph Donley, Amy Rudd, Steven Weisburd, Lily North and Brian Raphel.

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