PADRM Gold Mine, LLC v. Perkumpulan Investor Crisis Center Dressel - WBG
Annotate this CaseA group of defrauded investors brought a lawsuit in Washington State seeking to recover assets they alleged had been fraudulently conveyed to perpetrators of the fraud. The investors discovered that the alleged perpetrators owned land in Alaska in the name of a mining company. They filed an action in Alaska superior court for fraudulent conveyance and to quiet title to the property. The Washington case was later dismissed; the Alaska superior court then granted summary judgment against the investors, concluding that as a result of the dismissal of the Washington case they lacked the creditor status necessary to give them standing to pursue their Alaska claims. The court awarded attorney’s fees to the mining company as the prevailing party. The investors had only one apparent asset: a potential legal malpractice claim against their Alaska attorneys for having filed a fatally defective claim. The investors disavowed any intention of pursuing such a claim, but the mining company moved for a writ of execution, seeking the involuntary assignment of the potential claim to itself. The superior court denied the mining company’s motion, concluding that Alaska law, for public policy reasons, did not allow the involuntary assignment of legal malpractice claims. The mining company appeals. Because the Alaska Supreme Court agreed with the superior court’s conclusion that legal malpractice claims could not be involuntarily assigned, it affirmed the order denying the writ of execution.
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