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.
Despite this, Vargo filed a lawsuit and has asked the court to declare “the ownership composition of” and/or “the member interests in” Vax-Immune. To avoid acknowledging Mr. Altenberg as an owner of Vax Immune, Vax Immune claimed that Mr. Altenberg provided his leadership services for a low or reduced compensation. It was further alleged that Mr. Altenberg provided valuable services to Vax Immune, who accepted them and had reasonable notice that Mr. Altenberg expected compensation for the services.
