Nolen et al v. Wyn, Fairshare Vac. Owners Assoc., & RCI

Case Number: 6:2020-cv-00330

Last Updated: March 8, 2023

Status

Pending ruling on timeshare owners’ appeal

Location

FL MD

Presiding Judge

Judge Byron, MJ Kidd

Date Filed

02/25/2020

Highlights

This prospective class action against a timeshare trust is pending a ruling on appeal.

Case Posture

Claims:

Putative class action re misuse of trust property, breach of fiduciary duty, breach of Arkansas Trust Code (Fairshare Vacation Owners Association is ARK corp.)

Posture:

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

Summary:

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.

Selected Events:

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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Parties

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