Reseña de Metromedia Long Distance v. Robert H. Hughes

Metromedia Long Distance v. Robert H. Hughes de Supreme Court Of Utah Resumen del Libro

In 1984, Robert H. Hughes and Johnnie B. Rogers, former legal counsel and investors of LDS, filed suit against Gary Scott, Lyn Hawthorne, and LDS as well as against other parties not involved in this appeal. The defendants had negotiated with Hughes and Rogers for the repurchase by the corporation of Hughes and Rogers shares of stock. During these negotiations, Hughes and Rogers allege that the defendants made misrepresentations concerning the value of the LDS stock and the true income of LDS, both before and at the time of sale. The misrepresentations allegedly lead Hughes and Rogers to sell their stock for less than the true fair market value. The defendants were said to have acted willfully and intentionally in concealing information from the plaintiffs and to have breached a fiduciary relationship. There were also allegations of negligent misrepresentation and gross negligence. Metromedia settled with the plaintiffs for $150,000 and was dismissed from the case. The plaintiffs later amended their petition, shortly before trial alleging only negligence in the failure to advise of certain financial decisions resulting in their sale of stock prior to the entire sale of the LDS stock to Metromedia. Approximately four years later and shortly before trial, Scott and Hawthorne requested that Metromedia defend them or in the alternative, be responsible for legal fees and expenses incurred in defending the suit and any amount for which Scott and Hawthorne would be found liable under simple negligence. The request came a few days before the non-jury trial setting. Metromedia responded by filing a plea in intervention which the court struck upon motions to strike filed by the plaintiffs, Hughes and Rogers, and by the defendants, Scott and Hawthorne. Thereafter, Hughes and Rogers filed a motion to sever their cause of action against Scott and Hawthorne. Six days after the severance was granted, Metromedia filed its amended plea in intervention alleging collusion between the plaintiffs and defendants in that Metromedia was told about a "secret agreement" between the plaintiffs and defendants. Metromedia contends that the agreement was for the parties to proceed with a non-jury trial, obtain a "friendly" judgment, and seek recovery from Metromedia as plaintiffs would not seek to collect the judgment against the defendants in exchange for the defendants transferring their right of indemnification from Metromedia to the plaintiffs. Metromedia also alleged, as it did in the original plea in intervention, that it could raise defenses which the defendants no longer chose to raise. The defendants filed only a general denial and dropped their affirmative defenses and counterclaims after plaintiffs amended their petition to include only allegations of simple negligence. Again, both the plaintiffs and defendants opposed the intervention. At the hearing held by a different trial judge, defendants counsel stated that whatever Metromedias allegations were concerning the alleged conspiracy, these allegations were contained in a new cause of action for declaratory relief which Metromedia had filed in Montgomery County. The court struck the amended plea in intervention and thereafter, the case proceeded to trial wherein a third judge found the plaintiffs were each entitled to recovery of $2.3 million from defendant Scott. The statement of facts for the brief non-jury trial consists of forty-three pages. Metromedia, apparently fearful that it may be responsible for payment of the $4.6 million judgment under the indemnity clause set forth in the LDS by-laws and no longer able to assert the defenses it claims it and Scott had, files this appeal.

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