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Utah Court of Appeals hears arguments over dismissal, equitable relief and $600,000 attorney-fee award in Olaflin case
Summary
In oral argument, counsel for investor Martin Olaflin told the Court of Appeals the district court erred by dismissing fraud and equitable claims and awarding more than $600,000 in attorneys'fees; appellees countered that Rule 26 failures and pleading posture justified dismissal. The panel took the matter under advisement.
The Utah Court of Appeals heard oral argument in Olaflin v. ASA Enterprises on whether the district court improperly dismissed fraud and equitable claims and awarded more than $600,000 in attorneys'fees.
Caroline Olsen, arguing for appellant Martin Olaflin, told the court Olaflin was "promised a ground floor opportunity to invest in a company with groundbreaking technology" and said the district court wrongly dismissed his case and then awarded substantial attorneys'fees based on an operating agreement she says was void because of fraud. "I plan to focus my time on the incorrect dismissal and attorney's fees," Olsen said, asking the panel to reinstate the equitable remedies that remain in the complaint.
Olsen emphasized that several equitable remedies remained in the pleadings, including a constructive trust claim pleaded at record entries…
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