DeBord v. Circle Y of Yoakum, Inc.

OPINION

SEERDEN, Chief Justice.

The DeBords, appellants, brought an individual action against the majority shareholders and the officers and directors (appellees) of a closely held corporation to recover for oppressive conduct and breach of fiduciary duties. The DeBords also brought a derivative action on behalf of appellee corporation against the same officers and directors again alleging breach of fiduciary duties. In response, the officers and directors filed a motion to strike the DeBords’ derivative claims, arguing that the DeBords, by asserting claims in both an individual and a…