Legal Opinion

Penn, LLC v. Prosper Business Development Corp.

Court of Appeals for the Sixth Circuit

Decided January 23, 2015No. 14-3107UnpublishedCited by 2 opinions

1Opinion of the Court

COOK, Circuit Judge.

A lengthy arbitration and a series of state lawsuits over the management and dissolution of Plaintiff-Appellant BIGre-search, LLC, the joint venture of Plaintiff-Appellant Penn, LLC and Defendant-Ap-pellee Prosper Business Development Corporation, culminated in this civil action. Penn sued Prosper for, among other things, breaching its fiduciary duty as BIGresearch’s managing entity and majority stakeholder. Prosper asserted counterclaims of its own, including one for abuse of process. After three years of motion practice and a sixteen-day jury trial, the district court…

2Cases cited25 opinions

  1. Kotteakos v. United StatesSupreme Court of the United States · 1946
  2. United States v. James C. DunkelCourt of Appeals for the Seventh Circuit · 1991
  3. Ross v. BernhardSupreme Court of the United States · 1969
  4. Nemec v. ShraderSupreme Court of Delaware · 2010
  5. United States v. Wendell LayneCourt of Appeals for the Sixth Circuit · 1999

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3Cited by2 opinions

  1. Bryant v. Floyd County Fiscal CourtDistrict Court, E.D. Kentucky · 2020
  2. Wright v. Big Lots Stores, Inc.District Court, E.D. Kentucky · 2021

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