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A New York federal judge has dismissed several claims in a $1 million fraud lawsuit brought by Cypress Holdings III LP against Sport-BLX, an athlete investment startup, ruling that the plaintiff is conflicted from pursuing certain derivative claims. Cypress alleges that Sport-BLX and its executives defrauded investors by mishandling funds and lying about their business plans.

Derivative Claims Dismissed Due to Conflict

U.S. District Judge Lorna G. Schofield found that Cypress Holdings, a minority shareholder in Sport-BLX, is conflicted in pursuing both direct and derivative claims. The judge ruled that Cypress could potentially recover more through its direct claims, creating a conflict of interest that violates Rule 23.1, which requires plaintiffs in derivative actions to represent the interests of all similarly situated shareholders fairly.

Judge Schofield also noted that since several individual defendants are indemnified by Sport-BLX, any recovery on derivative claims could come from the same pool of money as the direct claims. This overlap further complicated Cypress' ability to fairly pursue both types of claims.

Cypress Holdings $1M Fraud Suit : Allegations of Fraud and Mismanagement

Cypress Holdings first filed the suit in 2022, accusing Sport-BLX of mishandling investors' money, including paying $500,000 per year in rent to a company owned by one of Sport-BLX's founders. Cypress claimed the money should have been used for technology development, legal expenses, and marketing, instead of what they described as a siphoning of funds.

The lawsuit targeted Sport-BLX, its executives—including George Hall and Joseph De Perio—and its parent company, GlassBridge Enterprises, alleging unjust enrichment, minority shareholder oppression, and breach of the implied covenant of good faith and fair dealing.

Judge’s Decision and Ongoing Litigation

Judge Schofield’s ruling primarily trimmed the derivative claims from the suit, noting that both the direct and derivative claims arise from the same set of facts, making it impossible for Cypress to fairly pursue both. The court allowed several direct claims to proceed, while dismissing those that conflicted with the derivative claims.

Cypress Holdings $1M Fraud Suit : Legal Representation

Cypress is represented by Alexander M. Dudelson. Sport-BLX and its executives, along with Clinton Group and GlassBridge Enterprises, are represented by firms including Morvillo Abramowitz Grand Iason & Anello PC, Loeb & Loeb LLP, and Cole Schotz PC.