Lawsuits

Damages and Losses Lawsuits

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Lawsuits Filed as Retaliation for Legitimate Claims

Since 2012, the Avícola Villalobos Group companies have repeatedly filed claims against Lisa, S.A., alleging reputational and financial harm supposedly caused by Lisa’s efforts to recover its dividends. Courts rejected these claims—finding them premature, procedurally flawed, time-barred, or entirely unsupported by evidence. Higher courts affirmed each dismissal, and in some cases sanctioned the plaintiffs for misusing judicial procedures. The record demonstrates a consistent pattern: these claims were unfounded retaliation against Lisa, designed to obstruct its shareholder rights and preserve unjustified embargoes over its dividends.

Claims Over Dividend Prescription

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Baseless Attempts to Declare Lisa's Dividends Time-Barred

Since 2017, the Avícola Villalobos Group companies have repeatedly sought to have Lisa, S.A.’s dividends declared expired. Courts rejected these claims, noting that the companies never established a valid method of payment, that Lisa’s actions interrupted any prescriptive period, and that corporate barriers—including embargoes imposed by the same companies—made payment impossible. Judges consistently ruled in Lisa’s favor, finding these claims unfounded or abusive and confirming that declared dividends cannot expire under such circumstances.

Claims of Procedural Abuse

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Procedural Abuse Allegations in Response to Legitimate Claims

Since 2021, the Avícola Villalobos Group companies have filed abuse-of-rights claims alleging that Lisa, S.A. misused legal mechanisms. Courts dismissed these claims for lack of evidence, confirmed that Lisa acted within the law, and ordered costs against the plaintiffs. Several cases have now been dismissed at every level of review, including by the Supreme Court of Guatemala. The record shows that these claims were attempts to undermine Lisa’s legitimate legal actions, and Lisa has prevailed in every case that has reached a final decision.

Opposition to Shareholder Exclusion

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Unlawful Attempts to Exclude Lisa, S.A. as Shareholder

Since 2011, the Avícola Villalobos Group companies have attempted to exclude Lisa, S.A. as a shareholder without compensation, relying on defective resolutions aimed at stripping Lisa of its economic rights. Courts consistently ruled in Lisa’s favor, finding that the attempted exclusions violated corporate law due to missed statutory deadlines, lack of due process, and the absence of any valid cause. Appeals and constitutional challenges likewise failed, with higher courts confirming that Lisa acted promptly and that all procedural defects were attributable to the companies themselves. Lisa has successfully opposed these exclusion attempts and continues to assert its lawful shareholder status.

Third-Party Intervenor

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BDT as Intervening Third Party in Lawsuits Involving Lisa

Guatemalan courts have admitted BDT Investments Inc. as an intervening third party in lawsuits involving Lisa, S.A. Lisa’s shares and litigation rights were lawfully transferred to BDT through a settlement agreement later confirmed by the Supreme Court of Panama. Challenges raised by the Avícola Villalobos Group companies to prevent BDT’s participation have been consistently rejected, and the courts have affirmed that BDT’s procedural standing is legally firm and fully recognized, despite the companies’ refusal to accept it.