ST. LOUIS (CN) – Zoltek Corp., which makes carbon fiber for industry, claims a Bryan Cave attorney knowingly submitted a false affidavit, which caused a $21 million judgment to be rendered against it.
Bryan Cave attorney Stephen Feldman represented Structural Polymer in a lawsuit against Zoltek in St. Louis Federal Court in 2005. That lawsuit claimed that Zoltek had violated a supply agreement in 2000.
“In the course of the Cave’s and Feldman’s representation of the SP, the Cave and Feldman filed with the court and sent to Zoltek through Zoltek’s counsel an affidavit that was false and had been altered,” according to the complaint.
It continues: “Feldman and the Cave filed said affidavit and transmitted it to Zoltek’s counsel knowing that was [sic] material to issues in the lawsuit and with the knowledge it was false and had been altered.
“Feldman and the Cave filed and transmitted the false and altered affidavit intending that it should be acted and relied on by Zoltek and the court in the manner reasonably contemplated by Feldman and the Cave.
“Zoltek was ignorance [sic] of the falsity of the affidavit and relied on the representation’s [sic] contained in the affidavit, and such reliance was reasonable.
“As a direct result, Zoltek was damaged in that SP was awarded judgment against Zoltek in excess of $21,000,000.00, which was affirmed on appeal, and paid, with interest, by Zoltek.
“But for the fraudulent misrepresentations of the defendants, the result in the lawsuit would have been different and the court would have entered judgment in Zoltek’s favor and against SP.”
Named as defendants are Bryan Cave LLP, Stephen Feldman, Gurit Corp. and Structural Polymer Group.
Zoltek seeks damages for fraud and civil conspiracy. It is represented in St. Louis City Court by William Green, of Clayton, Mo.