May 1, 2023

TWO MPS LAW LITIGATORS SECURE DISMISSAL WITH PREJUDICE OF A MEXICAN NATIONAL’S LAWSUIT AGAINST HIS BROTHER

The story began over a decade ago, when ownership of a Mexican RV park passed to two brothers and their siblings upon the death of their father. A few years after the older brother took over operation of the business, his younger brother, who resides in Illinois, became concerned about his brother’s accounting for the company’s assets and profits.

These concerns led to a protracted legal battle, first in Mexican courts and more recently here in Illinois, where the older brother brought suit against his younger sibling for abuse of the Mexican legal process, defamatory statements, and invasion of privacy by casting him in a false light.

Representing the younger brother, MPS Law partners Charles “Charlie” Valente and Heather Kuhn O’Toole successfully convinced the Court to dismiss the defamation and false light privacy claims by arguing that the Illinois privilege to report on matters to government authorities extended to reports by an Illinois citizen to Mexican legal authorities concerning claimed violations of Mexican laws. A federal district court also agreed with Charlie and Heather that the older brother failed to properly allege that his younger brother used Mexican legal process for an improper purpose.

Despite the older brother’s efforts, the dispute between the brothers over the operation of the Mexican business will be resolved in Mexico before the Mexican legal authorities in accordance with Mexican law.

For detailed reporting on this case, read this article from the Chicago Daily Law Bulletin. Please note, paywall may apply to non-subscribers.

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