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Wrightwood Laboratories Wins

Well it was a long haul but thanks to the good people of Massachusetts, justice has in some small way been served.

First and foremost, I would first like to thank Mr. James Gotz (formerly of Cohan and Rasnick and presently with Robinson and Cole) with out whom we may never have had tremendous outcome we now enjoy.

Not many people can truly say that they love their lawyer. Well I can! The dedication that was shown to us by Mr. Gotz truly reflected in the outcome of trial. All I can say is, never have I met a lawyer who was more prepared, involved, and on top of the situation then Mr. Gotz. I am forever  glad that Mr. Gotz was on my side.

Secondly I would like to thank Deaver Brown, then President of CD Titles, Inc. and Principle Witness, for showing such contemptible conduct at trial, that the jury had no choice but to find in favor Wrightwood Labs.

I can not warn anyone who comes in contact with Deaver Brown or SimplyMedia Inc. strongly enough that Deaver Brown is a man to be RESEARCHED thoroughly before entering into any business affairs.

Deaver Brown hides behind the facade of a Harvard MBA and leaves behind bankruptcies, ruined small businesses, and lot's of legal bills people he never paid, now have to pay.

In short GET YOUR MONEY UP FRONT.

The Short Version:

Wrightwood Laboratories licensed to Deaver Brown's company CD Titles, four titles from it's library. Deaver Brown then decided that CD-Titles didn't need to pay their bills according to contracts issued and signed by Deaver Brown. Wrightwood Laboratories filed suit and CD-Titles filed a counter suit.

In April of 1998 the case of David Schmerin (D.B.A. Wrightwood Laboratories) Vs. CD-Titles was heard before Judge Allan Van Gestel in the Superior Court of Suffolk County Massachusetts. There before Judge Allan Van Gestel charges of Breach of Conduct and Fraud were levied by Wrightwood Laboratories against CD-Titles. Counter Charges of Fraud and Breach of Contract were levied by CD-Titles against Wrightwood Laboratories.

After 4 days of trial, the case submitted to the jury.

When asked of the Jury:

Did Mr. Brown materially breach the contract with Wrightwood Laboratories?

Verdict: Yes

When asked of the Jury:

Did CD-Titles receive unjust enrichment?

Verdict: Yes

When asked of the Jury:

Did Mr. Schmerin (DAB Wrightwood Laboratories) materially breach the contract with CD-Titles?

Verdict: No

When asked of the Jury:

Did Mr. Schmerin (DAB Wrightwood Laboratories) suffer losses as a result of CD-Titles failure to comply?

Verdict: Yes

Final score:

Wrightwood Labs: 2

CD-Titles: 0

CD-Titles was found GUILTY on all charges brought against them in Wrightwood Lab's claim. Wrightwood Labs was in turn found NOT GUILTY on all charges brought against us by CD-Titles.

Following the Jury Verdict, Judge Allan Van Gestel issued his ruling concerning the charges of Fraud (G.L. c. 93A) raised against CD-Titles. The criteria to show to show fraud are;

"The objectionable conduct must attain a level of rascality that would raise the eyebrow of someone inured to the rough and tumble of the world of commerce."*

The following are excerpts from the final written ruling issued by the court:

David Schmerin d/b/a The Wrightwood Company v. CD-Titles Inc. Findings, Rulings, and Order on G.L. c. 93A. Superior Court Civil Action NO. 95-7061-H as issued by The Honorable, Judge Allan Van Gestle.

1) "None of CD-Titles' excuses stands up under even the most basic scrutiny."

2) "CD-Titles violated G.L. c. 93A in its brazen treatment of Schmerin under the agreement. It acquired and used his copyrighted products and refused to pay for them. Its reasons for non-payment were not valid. Significantly, it's excuses did not stop CD Titles from marketing the titles after acquiring the license to do so, even to the extent of selling them over the Internet until nearly the day of trial. Even now, Brown admits continuing to sell in "non-traditional channels". These activities not only make the violations clear, they also reveal its knowing and willful nature."

"For the reasons set forth above, this court finds and rules in favor of the plaintiff, David Schmerin, d/b/a The Wrightwood Company, on Count VII for relieve pursuant to G.L. c. 93A. The court finds and rules that CD-Titles' violations were knowing and willful."

For more information concerning Deaver Brown please review Case #95-7061 Dated March-30-1998 Superior Court, Div 101, Suffolk County, Commonwealth of Massachusetts.

For More Information Contact:

Wrightwood Laboratories
Las Vegas, Nevada
Tel: 702-257-8822
FAX: Call
Internet: info@wrightwood.com