Unity Communications, Inc. is a privately held Corporation.
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Litigation Update
Periodic updates will be provided as they become available for the benefit of Unity Shareholders regarding the following ongoing Civil Action:
United States District Court
Southern District of Mississippi
Hattiesburg Division
Unity Communications, Inc.
Versus
BellSouth Cellular Corp., Et Al.
Civil Action
USDC No. 02:03-CV-115
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Unity Communications – Final Communication to Shareholders – November 10, 2010
To: Unity Shareholders
From: Jeffrey J. Milton
RE: Unity Communications Corporation v. AT&T Mobility LLC
The 5th Circuit Court of Appeals ruled on November 5th against Unity affirming the decision of the District Court which had dismissed Unity’s claims. This puts an end to the litigation with AT&T and concludes Unity’s final chapter. Given the hand we were dealt Unity fought the “good fight” for eight additional years. My thanks goes out to all those that contributed to Unity’s continued operation during those last eight years.
It is now fair to say the stock is worthless and can be written off for tax purposes. The Court’s decision is posted on the Unity Web site.
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Unity Communications Litigation Update – June 2010
The Oral Argument on our appeal will be heard the week of August 02, 2010 in the United States Court of Appeals for the 5th Circuit in New Orleans.
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Unity Communications Litigation Update – October 2009
On September 16, 2009, after nearly seven years in litigation, the latest U.S. District Court Judge, Keith Starrett, granted ATTM’s Motion for Partial Summary Judgment and dismissed with prejudice Unity’s claims for breach of contract, tortious breach of contract, and breach of the duty of good faith and fair dealing. The Court also dismissed with prejudice ATTM’s counterclaims for declaratory judgment on the issue of accord and satisfaction and release and its counterclaim for breach of contract. The Court awarded ATTM $514,685.48 and $1,558,178.42 which included interest from promissory notes which Unity had contested.
The basis of the Court’s rulings was that the damages limitations provisions of the Reseller Agreements were enforceable under Georgia law and apply to, and bar Unity’s remaining contract claims and its claim for the breach of the duty of good faith and fair dealing. With respect to the count for the breach of the duty of good faith and fair dealing, the Court held that his claim is part of the contract itself, is not independent of the contract and cannot form an independent basis of tort liability.
Unity’s counsel believes that these rulings and the Final Judgment were in error and on October 7, 2009, filed a Notice of Appeal on behalf of Unity to the United States Court of Appeals for the 5th Circuit. This is the third appeal to the 5th Circuit in this case; the previous appeals by ATTM resulted in rulings in Unity’s favor. It is expected that this appeal may take approximately one year for adjudication hopefully with a better result.
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Unity Communications v. BellSouth Cellular – January 2009 Update
(5th Circuit Case No. 04-61132), an unreported decision of the U.S. Court of Appeals for the Fifth Circuit, affirming the trial court's denial of summary judgment on interlocutory appeal. BellSouth (now Cingular) had argued that all of Unity's claims were barred on the basis of accord and satisfaction, but the Fifth Circuit agreed with the trial court (and Unity) that Unity was entitled to its day in court.
http://www.karpfrosh.com/CM/Custom/AppellateVictories.asp
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