NCS Healthcare, Inc. v. Candlewood Partners, LLC

Anthony O. Calabrese Jr., Judge.

{¶ 1} Plaintiff-appellant, NCS Healthcare, Inc. (“NCS”), appeals from the decision of the trial court. Having reviewed the arguments of the parties and the pertinent law, we hereby affirm the lower court.

I

{¶ 2} NCS brought this action to recover fees paid by the former board of directors to former financial advisors, appellees Candlewood Partners, LLC, and Candlewood Partners, Inc. (“Candlewood”), in connection with the acquisition of NCS by Omnicare, Inc.

{¶ 3} On June 3, 2003, NCS filed a three-count complaint against Candlewood. The complaint alleged that…