John B. Kugler v. Ron Nelson

HORTON, Justice.

This is an appeal from a grant of summary judgment dismissing John Kugler’s case. Ku-gler sought damages from Ron Nelson, David Powers, Steven Kenison, William Armstrong, and Powers Candy Co., Inc. (collectively “the Defendants”), alleging breach of various agreements and wrongful actions taken by the Defendants. 1 The district court dismissed all of Kugler’s claims because it found that.the claims were derivative and Kugler failed to comply -with derivative action requirements. We affirm.

I. FACTUAL AND PROCEDURAL BACKGROUND

Until mid-2010, Kugler, Nelson, Powers, Kenison, and…