AFH HOLDING & ADVISORY, LLC v. EMMAUS LIFE SCIENCES, INC.

C.A. No. N12C-09-045 MMJ CCLD, C.A. No. 8005-JJ.

AFH HOLDING & ADVISORY, LLC, GRIFFIN VENTURES, LTD., and THE AMIR & KATHY HESHMATPOUR FAMILY FOUNDATION, Plaintiffs, v. EMMAUS LIFE SCIENCES, INC., a Delaware corporation, Defendant. EMMAUS LIFE SCIENCES, INC., a Delaware corporation, Counterclaim and Third-Party Claim Plaintiff, v. AFH HOLDING & ADVISORY, LLC, GRIFFIN VENTURES, LTD., and THE AMIR & KATHY HESHMATPOUR FAMILY FOUNDATION, Counterclaim Defendants, and AMIR HESHMATPOUR, Third-Party Claim Defendant. EMMAUS LIFE SCIENCES, INC., a Delaware corporation, Plaintiff, v. AFH HOLDING & ADVISORY, LLC, GRIFFIN VENTURES, LTD., and THE AMIR & KATHY HESHMATPOUR FAMILY FOUNDATION, Defendants.

Superior Court of Delaware, New Castle County.

Decided: April 16, 2014.


Attorney(s) appearing for the Case

David A. Felice, Esquire , Bailey & Glasser LLP, Attorney for the AFH Parties and Amir Heshmatpour.

Chad M. Shandler, Esquire , Brock E. Czeschin, Esquire , Jason J. Rawnsley, Esquire , Richards, Layton & Finger, P.A., Daniel Y. Zohar , Zohar Law Firm, P.C., Attorneys for Emmaus.


OPINION

JOHNSTON, J.

FACTUAL AND PROCEDURAL CONTEXT

Plaintiffs AFH Holding & Advisory, LLC ("AFH"), Griffin Ventures, Ltd. ("Griffin"), and The Amir & Kathy Heshmatpour Foundation ("Foundation"), (collectively "AFH Group") filed an action against Defendant Emmaus Life Sciences, Inc. ("Emmaus") on September 7, 2012. This litigation arose out of a contract dispute.

AFH is a Delaware limited...

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