Avery Wins in Court of Appeals on Sanctions Issue

BB&D attorney Thom Avery prevailed before the Missouri Court of Appeals on a case relating to $83,000.00 in sanctions awarded to its client in relation to a successful judgment on an underlying fraudulent conveyance lawsuit.  Avery had already won a judgment for his clients in the amount of $2.8 million which was settled by the parties.  The appeal involved whether a party who was granted a sanction award, prior to entering into a settlement agreement that was silent on the award, was entitled to the sanction payment, irrespective of the settlement agreement’s general release language.  The Court of Appeals affirmed the trial court’s decision in favor of BB&D’s client.  Therefore, BB&D’s client was entitled to retain the full sanction payment awarded by the trial court.