James Souza (Manufacturer): [MOTION TO STRIKE FRAUD CLAIMS]
This case stems from a prior Oklahoma State case were Manhattan Construction Company was hired as a general contractor to build a very expensive multi-story parking garage for a hospital. Manhattan employed design professionals and subcontractors including Cantra Construction Company (one of the largest concrete subcontractors in Oklahoma). After the garage was completed Manhattan filed a lawsuit against the project owner, Integris Baptist Medical Center, Inc. for approximately $1,500,000 which was withheld due to alleged problems with the garage. Those parties settled and dismissed their claims with prejudice. Manhattan and its subcontractor Cantra filed this action against Degussa Corporation, Degussa Building Systems, and Degussa Admixtures in Oklahoma State Court. Manhattan and Cantra allege that one of the products manufactured by Degussa Buildings Systems, Inc. was incompatible with another product manufactured by Degussa Admixtures and also alleged breach of warranties, express and implied, as well as, misrepresentation and deceit (actual or constructive).
The Degussa entities retained attorney James Souza, who appeared in the case pro hoc viche with the assistance of Oklahoma local counsel and removed the case from state court into federal court. Our firm brought a 12B6 Motion to Dismiss Plaintiff’s fraud cause of action and a Motion to Strike Plaintiff’s Prayer for Punitive Damages. The motion was granted in part and denied in part and Plaintiffs were given leave to amend their complaint. Plaintiffs amended the complaint and our firm filed another 12B6 Motion which is currently being considered by the court.