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In continuing development in the case against Vax Immune LLC, the court has heard defendant Vax Immune LLC’s motion to dismiss for lack of jurisdiction, plaintiff’s response, and arguments of counsel. The case involves Leonard Weisman and his son-in-law Joaquin Alternberg.

Based on the pleadings on file and arguments of counsel, the court determined that the motion be denied. It was therefore ordered, adjudged, and decreed that the defendant’s motion to dismiss for lack of jurisdiction be denied.

In the months leading up to this court decision, a lawsuit was brought up against Vax Immune LLC by Travis Vargo, where Joaquin Altenberg, son-in-law to Leonard Weisman, was made liable to pay $1.72 million in plaintiff’s legal fees, plus interest based on a court finding of “egregious fraud and misrepresentation” and “serial misconduct.”

As mentioned in our previous coverage, it was found that proceedings against Joaquin Altenberg and Vert Solar Finance LLC “proved that Altenberg breached his fiduciary duty of loyalty” while managing a development fund — Vert Solar Fund I LLC — for midsized solar power projects. He also was found to have “engaged in self-interested transactions, and failed to prove that his actions were entirely fair.”

In May of 2021, the 11th District Court in Harris County, Texas, issued an order (the "Receivership Order") designating Travis Vargo as a receiver to collect a judgment against Joaquin Altenberg. The court also ordered Joaquin Altenberg to turn over all of his non-exempt assets and established a charging order requiring any limited liability company served with the receivership order to pay any distributions due to Altenberg to Mr. Vargo.

In the past, Mr. Altenberg had testified under oath that he was a “significant owner” of Vax Immune. It was found that Vax Immune documents had also named Mr. Altenberg as CEO, CCO, and CFO. Vax Immune later disputed these claims, prompting Vargo to seek a declaration from the court establishing Altenberg’s membership in Vax Immune.

Mr. Vargo proceeded to sue Vax-Immune, alleging that Altenberg likely owned a membership interest in Vax-Immune, and proceeded to ask the court to declare the ownership composition of Vax-Immune. Mr. Vargo also brought a quantum meruit claim against Vax-Immune, seeking monetary compensation.

Vax-Immune’s founder and President, Leonard Weisman, has testified repeatedly under oath that Altenberg allegedly did not own, nor has ever owned, a membership interest in Vax-Immune. Likewise, Altenberg has repeatedly stated under oath that he has never held an interest in Vax-Immune. Altenberg also stated he is not owed any compensation from Vax-Immune, nor does he intend to seek any such compensation from Vax-Immune.