Court Error – Credibility of Evidence

By: Derek Hawkins//August 10, 2016//

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WI Court of Appeals – District IV

Case Name: NTM, Inc. v. Gary Fong, Inc. et al

Case No.: 2015AP2149

Officials: Kloppenburg, P.J., Sherman and Blanchard, JJ

Focus: Court Error – Credibility of Evidence

NTM, Inc. sued Gary Fong, Inc. and Gary Fong for payment on a contract. Fong and Gary Fong filed a third-party complaint against NTM’s CEO Larry Ormson, alleging that Ormson engaged in a kickback conspiracy with a Fong employee that constituted civil theft. Fong alone appeals the circuit court’s order dismissing the third-party complaint. Fong argues that the circuit court erroneously found that the evidence presented at trial did not establish that Ormson engaged in the alleged kickback conspiracy with the Fong employee. In light of the circuit court’s findings based on its assessment of the weight and credibility of the evidence, we conclude that Fong fails to show that the circuit court’s determination is clearly erroneous. Accordingly, we reject Fong’s argument and affirm.

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Attorney Derek A. Hawkins is the managing partner at Hawkins Law Offices LLC, where he heads up the firm’s startup law practice. He specializes in business formation, corporate governance, intellectual property protection, private equity and venture capital funding and mergers & acquisitions. Check out the website at www.hawkins-lawoffices.com or contact them at 262-737-8825.

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