Sherwood Futures Group, Inc. v. Baldwin. In this professional negligence case, defendants drafted and amended a shareholder's restriction agreement for plaintiffs and Lee Cordon. When Lee Cordon died, a dispute arose between George Simeran and Lee Cordon's widow as to who was entitled to the $8 million life insurance proceeds subject to the agreement. Ultimately George Simeran paid Mrs. Cordon $2.75 million of the $8 million for Mr. Cordon's shares in the corporation, although he claimed he owed her only $429,000.
On the second day of trial, court and counsel conferred in chambers. In light of the court's ruling on motions in limine, the plaintiff was granted the opportunity to place his offer of proof on the record as an opening statement prior to the arrival of the jurors after which the defense moved for a nonsuit. The court, finding that the plaintiffs did not meet their burden of proof as to the causation issue, granted the nonsuit motion by the defense.
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