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Judge Dismisses Lawsuit Involving North Dakota Wonder Fund, O'Leary
Dismissal includes 'with prejudice' clause, preventing case from being refiled
Jan. 28, 2026 at 10:23pm
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A judge in the U.S. District Court for the District of Colorado has dismissed a lawsuit involving the North Dakota Wonder Fund and entrepreneur Kevin O'Leary. The lawsuit, filed by entrepreneur Melissa Brandao, alleged O'Leary defrauded investors, among other claims. The judge's dismissal included a 'with prejudice' clause, meaning the case cannot be refiled with the court.
Why it matters
This case highlights the ongoing legal battles and allegations surrounding the North Dakota Wonder Fund and its high-profile investors. The dismissal with prejudice suggests the judge found Brandao's claims to be without merit, potentially damaging her credibility and the perception of the lawsuit as an attempt to gain media attention rather than pursue legitimate grievances.
The details
Judge Gordon Gallagher presided over the case and issued the ruling late last week. In his dismissal, the judge noted that Brandao 'had not lodged a response' to a series of motions filed by the defendants in November and December 2025. A Show Cause Order was then filed with the court on January 14, 2026, discussing whether dismissal was an appropriate sanction for Brandao's failure to respond. Brandao's attorney later filed a declaration attributing the lack of responses to the attorney's inexperience and preoccupation with other litigation.
- The lawsuit was filed by Melissa Brandao in 2025.
- The judge issued the dismissal ruling in late January 2026.
- The Show Cause Order was filed with the court on January 14, 2026.
The players
Judge Gordon Gallagher
The judge who presided over the case in the U.S. District Court for the District of Colorado and issued the dismissal ruling.
Melissa Brandao
The entrepreneur who filed the lawsuit against the North Dakota Wonder Fund and Kevin O'Leary, alleging fraud and other claims.
Kevin O'Leary
The entrepreneur and investor who was named as a defendant in the lawsuit filed by Melissa Brandao.
What they’re saying
“I don't know the woman who sued me and some of my staff. I don't know why they did it, but we went to court, and it was thrown out with prejudice. I can't believe they would just sue me without ever even talking to me.”
— Kevin O'Leary
The takeaway
This case highlights the ongoing legal battles and allegations surrounding the North Dakota Wonder Fund and its high-profile investors. The dismissal with prejudice suggests the judge found the plaintiff's claims to be without merit, potentially damaging the plaintiff's credibility and raising questions about the motivations behind the lawsuit.
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