BB&D Obtains Summary Judgment in $85 Million Lawsuit Brought by Former KV Pharmaceutical CEO Marc Hermelin

BB&D attorney Traci Pupillo represented a former KV Pharmaceutical (KV) officer, who was sued along with several KV Directors, by Marc Hermelin on claims involving Hermelin’s separation of employment from KV, removal from KV’s Board of Directors, and criminal prosecution. Hermelin sought over $85 Million in damages on his claims against Defendants. After extensive briefing and oral argument, the Court sided with Defendants on all outstanding counts in the case. The Court ultimately found that Hermelin is barred from claiming damages resulting from his criminal prosecution, decrease in KV stock value, legal fees, or seeking any termination damages under his employment agreement.