Kulko v. Davail, Inc.

¶1 David Kulko (Kulko), his sister Ilsa Kaye (Kaye), and their half-brother Michael Horn (Horn) are the sole shareholders, directors, and officers of Davail, Inc. (Davail). Following a period of estrangement from his family, Kulko sued Kaye, Horn, and Davail for dissolution of Davail, shareholder oppression, fraudulent conduct, and breach of fiduciary duties. The parties eventually agreed to dissolution of Davail, and the District Court entered an order granting dissolution and appointing a receiver. The District Court then concluded that dissolution is an exclusive remedy, and granted the…