Attorney Katy Koestner Esquivel's Legal Cases

Agriculture

Skyline Potato Co., Inc. v. Hi-Land Potato Co., Inc.

Dec 06, 2012

OUTCOME: Court ruled in clients' favor on issues surrounding duties among PACA PACA co-beneficiaries.

Produce supplier brought suit against a produce broker who ceased business operations and against another supplier, claiming that the other supplier was a trust beneficiary of the broker's trust pursua ... nt to the Perishable Agricultural Commodities Act (PACA), and that the other supplier breached its duty as a co-beneficiary of the PACA trust when it received full payment for potato shipments that the broker arranged while the other PACA co-beneficiaries went unpaid. Other suppliers intervened as plaintiffs, and the parties subsequently cross-moved for summary judgment.

Agriculture

Baginski Potato Co. Ltd. v. Custom Cuts Fresh LLC

Jun 21, 2012

OUTCOME: Court ruled in clients' favor. Assets are subject to the PACA trust and the trust trumps the alleged security interest.

Dispute regarding whether PACA trust applies to assets acquired by debtor several years before sales, and the priority of a security interest in those assets.

Chapter 7 bankruptcy

In re Casey

Aug 26, 2011

OUTCOME: Court ruled in clients' favor, holding that a PACA trust satisfies the requirements of an express trust, and that Defendant failed to pay Plaintiffs as required, the Second Amended Complaint states a claim for relief.

Debtor's motion to dismiss adversary proceeding to determine dischargeability of debt under 11 U.S.C. § 523(a)(4).

Litigation

Gulf Coast Produce, Inc. v. American Growers, Inc.

Oct 09, 2009

OUTCOME: Summary Judgment granted in favor of client.

A produce dealer's assertion that a grower's agent overcharged it for strawberry shipments was barred by Florida's Statute of Frauds. The dealer alleged that the agent orally agreed to provide strawber ... ries at prices mandated by its respective commitments with its customers, but this oral agreement was not enforceable under the merchant exception to the statute of frauds because it was an oral contract without a quantity term that attempted to modify a signed contract.

Agriculture

Inn Foods v Mida

May 15, 2008

OUTCOME: Factoring company's motion for summary judgment denied.

As alleged by Inn Foods, Brooks, instead of preserving the PACA Trust Assets for the benefit of Inn Foods as required by PACA, Brooks transferred PACA Trust Assets to Sunrise Distribution Services, Inc ... . (“Sunrise”) in breach of the PACA trust. Later, Sunrise entered into a financing agreement with Goodman Factors, Ltd. (“Goodman”), whereby Goodman loaned funds to Sunrise. Sunrise then used PACA Trust Assets to repay the loan. As a result, Inn Foods brought suit to disgorge all PACA Trust Assets from Goodman.

Agriculture

Taylor Farms Florida, Inc. v. Gennaro's Produce, Inc.

Feb 27, 2007

OUTCOME: TRO Granted

Produce seller brought an ex-parte Motion for Temporary Restraining Order pursuant to Rule 65(b) of the Federal Rules of Civil Procedure.

Agriculture

Davis Melon Sales, Inc. v. Great Lakes Produce, Inc.

Aug 31, 2005

OUTCOME: TRO Granted

Produce seller brought an ex-parte Motion for Temporary Restraining Order pursuant to Rule 65(b) of the Federal Rules of Civil Procedure.

Chapter 7 bankruptcy

In re Hermes

Jul 07, 2005

OUTCOME: Since no finding was made on the matter, this Court remanded the case to the Bankruptcy Court.

Appellant Mike Hermes appeals the Bankruptcy Court's determination that a debt owed to Appellee Sun Pacific is nondischargeable because it resulted from Hermes's defalcation of a fiduciary duty owed to ... Sun Pacific. Hermes argues that a defalcation in the context of a bankruptcy discharge requires a finding of willful neglect on the part of a fiduciary.

Katy Koestner Esquivel's Legal Cases (8)

Skyline Potato Co., Inc. v. Hi-Land Potato Co., Inc.

Baginski Potato Co. Ltd. v. Custom Cuts Fresh LLC

In re Casey

Gulf Coast Produce, Inc. v. American Growers, Inc.

Inn Foods v Mida

Taylor Farms Florida, Inc. v. Gennaro's Produce, Inc.

Davis Melon Sales, Inc. v. Great Lakes Produce, Inc.

In re Hermes