Legal Opinion
TP Orthodontics, Inc. v. Kesling
Indiana Supreme Court
Decided September 3, 2014No. 46S03-1405-MI-337PublishedCited by 20 opinions
1Opinion of the Court
On Petition to Transfer from the Indiana Court of Appeals, No. 46A03-1207-MI-324
DAVID, Justice.
Following the initiation of a derivative suit by sibling minority shareholders, TP Orthodontics’ board of directors formed a special litigation committee (the “SLC”) to investigate the derivative claims pursuant to Ind.Code § 23-1-32-4 (2007). After a year-long investigation, the SLC produced the report that is at issue here. As a result of the report’s recommendations, TPO filed a motion to dismiss certain derivative claims and attached a heavily redacted version of the report in support of its…
2Cases cited25 opinions
- Hickman v. TaylorSupreme Court of the United States · 1947
- Fed. Sec. L. Rep. P 98,860 Athalie Doris Joy v. Nelson L. North, Nelson L. NorthCourt of Appeals for the Second Circuit · 1982
- Auerbach v. BennettNew York Court of Appeals · 1979
- Zapata Corp. v. MaldonadoSupreme Court of Delaware · 1981
- Briggs v. SpauldingSupreme Court of the United States · 1891
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3Cited by20 opinions
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- Michael Kent Smith v. Thomas L. Taulman, IIIndiana Court of Appeals · 2014
- Techna-Fit, Inc. and Stuart Trotter v. Fluid Transfer Products, Inc.Indiana Court of Appeals · 2015
- Noe Escamilla v. Shiel Sexton Company, Inc.Indiana Supreme Court · 2017
- Price v. Charles Brown Charitable Remainder Unitrust TrustIndiana Court of Appeals · 2015
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