Trieweiler Ex Rel. Varsity Investments, Inc. v. Sears

NATURE OF CASE

Danny J. Trieweiler, the appellee, brought these corporate derivative actions in the district court on behalf of Varsity Investments, Inc., a closely held corporation, against the other two shareholders of the corporation, David J. Campagna and Don M. Sears, the appellants. Generally, Trieweiler alleged that Campagna had breached a fiduciary duty by misappropriating money from the corporation, that Sears breached a fiduciary duty by failing to exercise reasonable care in the performance of his duties as a corporate director, and that both of the appellants had breached fiduciary…