Legal Opinion

Small v. Sussman

Appellate Court of Illinois

Decided June 30, 1999No. 1-98-1113PublishedCited by 61 opinions

1Opinion of the CourtJustice Zwick

Plaintiff, Richard Small, was a minority shareholder in defendant Day Surgicenters, Inc. (DSI). Defendant Paul Sussman was DSI’s principal shareholder and was alleged in plaintiff’s amended complaint to have controlled DSI as its dominant director and officer. The question presented in this appeal is whether the circuit court properly dismissed, pursuant to section 2 — 615 of the Code of Civil Procedure (735 ILCS 5/2 — 615 (West 1996)), plaintiffs various claims against the defendants.

Small’s complaint alleged that DSI is an Illinois corporation founded in 1989. The corporation owned and…

2Cases cited35 opinions

  1. Joseph B. KAUFFMAN Et Al. v. the DREYFUS FUND, INC., Et Al., Investors Diversified Services, Inc., Et Al., AppellantsCourt of Appeals for the Third Circuit · 1970
  2. Kramer v. Western Pacific Industries, Inc.Supreme Court of Delaware · 1988
  3. DeLuna v. St. Elizabeth's HospitalIllinois Supreme Court · 1992
  4. Ogle v. FuitenIllinois Supreme Court · 1984
  5. Suttles v. VogelIllinois Supreme Court · 1988

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3Cited by61 opinions

  1. Rawoof v. Texor Petroleum Co., Inc.Court of Appeals for the Seventh Circuit · 2008
  2. Alpha School Bus Co., Inc. v. WagnerAppellate Court of Illinois · 2009
  3. Craig Outdoor Advertising, Inc. v. Viacom Outdoor, Inc.Court of Appeals for the Eighth Circuit · 2008
  4. Nocula v. UGS CORP.Court of Appeals for the Seventh Circuit · 2008
  5. Nicole Bronson v. Ann & Robert H. Lurie Children's Hospital of ChicaCourt of Appeals for the Seventh Circuit · 2023

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