Trader sues beverage company for breaching deal to pay him to promote coffee drink

By Carol Ostrow | May 4, 2015


A Cook County man filed a lawsuit against a Florida corporation, related entities and their officers for alleged liability in a 2013 agreement.

Financial trader Larry D. Fabian filed a lawsuit on April 27 in Cook County Circuit Court against Braeden Storm Enterprises Inc.; Minerco Resources Inc. of Nevada; Level 5 Beverage Company Inc.; and Eric Cousens, John F. Powers and V. Scott Vanis, claiming liability in an October 2013 contract.

Minerco markets coffee-based energy drinks. The lawsuit states that Cousens, in his capacity as a Minerco officer, offered the plaintiff 15,000 shares of his company in exchange for handing out product samples. With the participation of CEO Vanis, a distribution agreement was made, according to the filing, and details were discussed at a September 2013 conference call.

According to the complaint, Fabian signed consulting, non-disclosure and commission sales agreements with the defendants on Oct. 3, 4 and 11, 2013, with the contracts stipulating that he would receive stock compensation in four phases.

Fabian claims to have expended his time, energy, resources and skills toward the contracted partnership between October 2013 and June 2014, but was purportedly compensated only for the first of the four phases. Despite sending written notice to the defendants asking them to uphold their end of the agreement, the plaintiff alleges that he was never paid.

Citing breach of contract and civil conspiracy, unjust enrichment and misrepresentation, Fabian asked the court to award him more than $225,000, plus interest, costs and expenses.

Fabian is represented by Lee Zeidman, of Zeidman and Associates, of Skokie.

Cook County Circuit Court case no. 15-L-4344.

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