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Flynt vs. Flynt Case Heats Up With Motion to Dismiss

Flynt vs. Flynt Case Heats Up With Motion to Dismiss
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Aug 11, 2010 3:00 PM PDT    Text size: 
CINCINNATI — Attorneys for Larry Flynt filed a motion to dismiss Jimmy Flynt’s first amended complaint, which continues to claim company ownership in Larry Flynt Publications and Hustler.

Jimmy Flynt’s attorneys in July filed a 112-page first amended complaint for dissolution and accounting, appointment of receiver, monetary damages, equitable, injunctive and declaratory relief.

Larry Flynt attorney Amanda Lenhart responded last week with a 39-page motion to dismiss filed with the Hamilton County Clerk of Courts.

According to the Larry Flynt’s brief obtained by XBIZ, attorneys claim that “rather than accept the court’s sound advice to clarify and simplify their confusing complaint, plaintiffs have incredibly elected to double the size of their already verbose pleading.”

The brief says that there is still a glaring lack of relevant details that would support a plausible claim.

“In sum, plaintiffs have failed to do what the court asked: identify which facts relate to which claims.”

Jimmy Flynt alleges 12 counts against Larry Flynt defendants, including dissolution/accounting of partnership, breach of fiduciary duty, fraud, wrongful termination and several others.

Jimmy Flynt alleges that he Larry are “business partners” who developed the various Hustler entities. Jimmy Flynt further claims that he shared in the profits, but acknowledges that he received a salary and benefits.

Jimmy Flynt also claims to be an equal 50-50 partner with Larry but also a minority shareholder.

“Jimmy’s attempt to have it both ways reveals the logical fallacies upon which the amended complaint is based. Plaintiff’s amended complaint has failed to prove sufficient factual data to state a claim for relief that is plausible on its face,” according to the brief.

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