Nolen et al v. Wyn, Fairshare Vac. Owners Assoc., & RCI
Case Number: 6:2020-cv-00330
Last Updated: May 29, 2023
This prospective class action against a timeshare trust is pending a ruling on appeal.
Putative class action re misuse of trust property, breach of fiduciary duty, breach of Arkansas Trust Code (Fairshare Vacation Owners Association is ARK corp.)
Pending ruling on timeshare owners’ appeal after Judge Byron’s order granting summary dismissal on Wyndham’s motion for summary judgment; Oral arguments took place March 8, 2023
In this prospective class action, timeshare owners (represented by Morgan and Morgan) claimed mismanagement of the the Fairshare Vacation Plan Use Management Trust, a timeshare trust settled by Wyndham.
March 10, 2022 Order [143] granting Wyn MSJ July 12, 2021 Endorsed Order [96] (under seal) granting Am. Motion to Certify Class [82]; denying Wyn motion to amend class certification April 9, 2021 Order [76] granting in part M2D SAC, case to proceed on Counts 1 and 6 of FAC (Dec Judgment and Breach of fiduciary duty), Wyn Expert Report: Randall Upchurch (cf Fishkind Report)
Critical Briefs 10/11/22 Timeshare Owners’ Reply Brief [28] 9/6/22 Wyn RB [24] 6/17/22 Timeshare Owners’ AOB [15] |
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Plaintiffs:
Nolen et al
Plaintiffs’ counsel:
Morgan & Morgan, PA
Patrick Barthle
John Yanchunis
Methvin, Terrell, Yancey, Stephens & Miller, PC
James Terrell
Rodney Miller
Barron Law Firm PLLC
Bradford Barron
Defendants:
Wyn, Fairshare Vac. Owners Assoc., & RCI
Defendants’ counsel:
Carlton Fields, PA
Chris Coutroulis
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