Kirk Burkley Comments in Law360 Article on Behalf of Creditors’ Committee in Lemington Home for the Aged Case.
Co-Managing Partner, Kirk B. Burkley, was recently interviewed by Law360 on behalf of Bernstein-Burkley, P.C.’s client, The Official Committee of Unsecured Creditors of the Lemington Home, following the full Third Circuit’s refusal to rehear a precedential decision that affirmed $4 million of a jury verdict in favor of the Committee. This is another positive step forward for the Committee.
In March of 2013, in an action for various breaches of fiduciary duty and deepening insolvency, a federal jury awarded the Committee compensatory damages of $2.25 million against the Home’s former officers and directors and additional punitive damages for the egregious nature of their actions. On appeal, the Third Circuit held that enough evidence was presented by the firm to sustain the compensatory damages award and to establish that the punitive damages award of $1 million and $750,000 against the CFO and CEO, respectively, was proper.