Legal Opinion

Banyan Investment Company, LLC v. Evans

Court of Appeals of Utah

Decided November 29, 2012No. 20100899-CAPublishedCited by 1 opinion

1Opinion of the Court

OPINION

DAVIS, Judge:

T1 Banyan Investment Company, LLC (Banyan) appeals the trial court's dismissal of its direct claims against Steven Evans, Mark Mandel, Mike Riddle, Seott Robbins, and Robert McOmber (collectively, Defendants). We reverse and remand for further proceedings.

BACKGROUND

12 Banyan owns a twenty percent membership interest in Aspen Press Company, LLC (Aspen Press) but is not involved in its management. The other five members of the company, Defendants, manage and participate in the 'day-to-day operations of Aspen Press.

13 Banyan alleges that "Defendants have and continue to…

2Cases cited22 opinions

  1. Michael Lacey v. Joseph ArpaioCourt of Appeals for the Ninth Circuit · 2012
  2. Forsyth v. Humana, Inc.Court of Appeals for the Ninth Circuit · 1997
  3. Kelly N. Pryor Warren E. Spivey, Jr., Individually and on Behalf of All Others Similarly Situated v. National Collegiate Athletic AssociationCourt of Appeals for the Third Circuit · 2002
  4. United States of America, Ex Rel., Paul E. Atkinson Eugene Schorsch v. Pa. Shipbuilding Co. First Fidelity Bank, N.A. Sun Ship, Inc., Paul E. AtkinsonCourt of Appeals for the First Circuit · 2007
  5. In Re: Crysen/montenay Energy Co., Debtor. Crysen/montenay Energy Co., Debtor-Appellant v. Shell Oil Co. And Scallop Petroleum Co.Court of Appeals for the Second Circuit · 2000

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3Cited by1 opinion

  1. Nelson v. HillsUtah Supreme Court · 2022

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