Sheppard Mullin represented plaintiffs in Highcrest Lending Corporation and Highcrest Opportunities Lending Corp. v. Vielectron LLC and Christian Loranger (Case No. 1:25-CV-00851-ADA) before Judge Alan D. Albright in the Western District of Texas. The litigation arises from contract and tort claims against VIElectron LLC and Christian Loranger, based on defendants' alleged refusal to remit 50 percent of profits generated by solar energy projects in the U.S. Virgin Islands under a profit-sharing agreement. Defendants moved to dismiss, citing Colorado River abstention and arguing the Texas suit should be deferred in favor of the first filed suit in the U.S. Virgin Islands. Defendant Loranger also sought dismissal under Rules 12(b)(6) and 12(b)(1).
In response, Plaintiffs argued that the Virgin Islands case was not sufficiently parallel to justify abstention since it involved different parties and claims. Plaintiffs also argued that they had plausibly alleged contract and tort claims, including fraud, conversion, money had and received, veil piercing and declaratory judgment.
Judge Albright denied both of Defendants' motions during oral argument. As a result, Highcrest can continue litigating its claims and seeking relief in federal court in Texas.
The Sheppard Mullin team representing Highcrest Lending Corporation is led by Dean Z. Pamphilis, and includes Michael Wilson, Nathan Richardson and Yee Cheung.
Read the order here.