Fengler v. Numismatic Americana, Inc.

Fengler (plaintiff) sold 60% of her company, Stationers, to Numismatic and its principals (defendants), who were represented by attorney Bochner (defendant) while Fengler had no lawyer of her own. Days later, Fengler alleged the defendants stripped Stationers of inventory and records, converted its assets, stopped paying her salary, and never paid its creditors. She sued, alleging Bochner breached a duty to advise her to get her own counsel and schemed to defraud her, and sought a preliminary injunction against all defendants. Bochner opposed, claiming he no longer represented the other defendants, had only drafted the contract and attended the closing, and requested an evidentiary hearing. The district court granted the injunction without a hearing or factual findings, and Bochner appealed.