Death of co-conspirator has no effects on claim

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The case: Koch Measurement Devices, Inc. is a Wilmington-based subsidiary of a German glass conglomerate. They distribute high-end glass beer growlers imported by the German company Wassermann. Koch’s principal shareholders are Karl Koch Thermometerfabrik Verwaltungs GmbH (75 %) and Defendant Kenneth Armke II (25 %). Armke was the only employee of the subsidiary in Wilmington. The other Defendant ist Michael Walsak, who used to provide Koch with various services such as graphic design, website design, etc.

In 2011, Koch alleges that Armke and Walsak incorporated Tote Glass by conspiracy and closed Koch Measurement Devices without advance notice to the majority owners. Furthermore, they are accused to have taken the company's hard drive, the internal web serves as well as customer files. Tote then used the same pricing plan and partners, Koch alleges. Armke and Walsak had to face several claims, but before the case went to trail, Armke deceased.

The questions was, whether the conspiracy claim had to be dismissed with the death of the only other conspirator. North Carolina Business Court Judge John R. Jolly allowed the claim to move forward.

The full decision is Koch Measurement Devices, Inc. v. Armke

Author: Anja Rettig Legal Intern at BridgehouseLaw Charlotte