Resolution Trust Corp. v. Scaletty

The opinion of the court was delivered by

McFarland, J.:

This case is before the court on two questions certified by the United States Court of Appeals for the Tenth *349Circuit pursuant to the Uniform Certification of Questions of Law Act, K.S.A. 60-3201 et seq. The questions are:

1. “Under Kansas law, does an action against corporate directors accrue only when those directors no longer control or ‘adversely dominate’ the corporation?”

2. “If so, does adverse domination delay accrual or toll the statute of limitations when the directors were guilty only of negligence, gross negligence, or breach of…