Legal Opinion · Dissent

Danuser v. IDA Marketing Corp.

North Dakota Supreme Court

Decided October 30, 2013No. 20120443Published

1DissentCrothers, Justice

[¶43] The essence of the majority’s holding on Leach’s liability to a single shareholder states:

“When the particular statutory provisions of N.D.C.C. § 10-19.1-115 are considered together in the context of N.D.C.C. ch. 10-19.1 and Danuser’s action against the corporate directors of a closely-held corporation for his individual damages, we conclude James Leach, as a director, had a fiduciary duty not to act in a manner unfairly prejudicial to one or more shareholders in the closely-held corporation under the plain language of N.D.C.C. § 10-19.1-115(1)(b)(3). See Kortum [v. Johnson ], 2008 ND…

2Cases cited4 opinions

  1. Kortum v. JohnsonNorth Dakota Supreme Court · 2008
  2. Lonesome Dove Petroleum, Inc. v. NelsonNorth Dakota Supreme Court · 2000
  3. Moore v. Fargo Public School District No. 1North Dakota Supreme Court · 2012
  4. M.M. v. Fargo Public School Dist. 1North Dakota Supreme Court · 2012

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