Director May Sue Officer of Dissolved Corporation For Breach of Fiduciary Duty
Court reverses summary judgment granted by trial court because plaintiff was denied ability to discover evidence
An appellate court in Michigan has reversed a trial court decision granting summary judgment to the former president of a family foundation who was being sued by his brother, a former director of the foundation, for breach of fiduciary duty. The trial court had said that the plaintiff brother had failed to show evidence of a breach of duty. The Court of Appeals said he hadn’t been able to show evidence because the trial court had granted a protective order against discovery of the evidence he needed to show. The substantive issues came up in a complicated procedural case involving Timothy Lennon’s suit against his brother Edward Lennon, the former president of the David A. Lennon Foundation...
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