In a significant legal development, a plaintiff has initiated a lawsuit alleging fraud and conspiracy against several companies over a disputed settlement agreement. On November 25, 2025, Cynthia Fitzgerald filed a complaint in the 298th Judicial District Court of Dallas County, Texas, targeting Excelin Holdings, LLC, Excelin Home Health, LLC, and Corinthian Capital Group LLC. The case was subsequently removed to the United States District Court for the Northern District of Texas by Corinthian Capital Group.
The case revolves around allegations of Fraud in the Inducement, Fraud by Nondisclosure, Conspiracy to Commit Fraud, and seeks Declaratory Relief related to a settlement agreement that Cynthia Fitzgerald entered into on December 22, 2021. Fitzgerald claims that she was misled during the negotiation process of this agreement and accuses the defendants of deliberately withholding critical information. According to court documents, “Plaintiff seeks an award of monetary relief ‘in excess of $1,000,000,'” underscoring the severity of her claims.
Corinthian Capital Group has moved swiftly to transfer the case from state court to federal court under diversity jurisdiction rules. They argue that there is complete diversity between themselves and Fitzgerald since she is a resident of Texas while Corinthian’s members are citizens across multiple states including New York and California. The company also points out that despite allegations regarding Excelin Holdings’ Texas ties, these entities have not been served yet; thus their presence does not negate federal jurisdiction under current procedural rules.
The removal notice filed by Corinthian highlights their intention to challenge any defects in service upon further investigation. It also asserts that all procedural requirements for removal have been satisfied within thirty days following the filing date as stipulated by law – ensuring compliance with both local rules and federal statutes governing such actions.
Fitzgerald’s lawsuit aims not only at recovering substantial financial damages but also seeks declaratory judgments which could potentially invalidate or alter terms within existing agreements deemed fraudulent by her counsel. This move indicates an aggressive legal strategy aimed at rectifying perceived injustices suffered due largely because key facts were allegedly concealed during negotiations leading up until signing said contracts back late last year (2021).
Representing Corinthian Capital Group are attorneys Melissa M. Hensley and Cory R. Ford from McGuireWoods LLP based out Dallas; meanwhile representing Cynthia Fitzgerald is Robert A Hawkins along with Kinsey D Lakey & Heidi Roskelley from Platt Richmond PLLC located nearby too within city limits here north central part state known Lone Star State USA! Presiding over proceedings will be Judge O’Connor who’ll ultimately decide whether claims hold merit enough warrant trial full-blown courtroom battle ensues thereafter should parties fail reach amicable resolution beforehand through mediation arbitration other means available them order avoid costly protracted litigation process often accompanies disputes nature complexity magnitude involved herein today’s ever-evolving business landscape fraught myriad challenges complexities alike!
Case ID: 3:25-cv-03280-O
Source: 325cv0328_Cynthia_Fitzgerald_v_Excelin_Holdings_Complaint_Northern_District_of_Texas.pdf
