TP Orthodontics, Inc. v. Andrew Kesling, et al. - 8/6/13

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Tuesday  August 6, 2013 
1:30 PM  EST

1:30 p.m.  46A03-1207-MI-324. In 2010, the board of directors of TP Orthodontics, Inc. established a special litigation committee to determine whether to pursue a number of derivative claims brought by the Appellees.  After a year-long investigation, the committee issued a written report in which it recommended pursuing some claims of the Appellees’ claims, but not others.  TPO filed a motion to dismiss the rejected claims and attached a heavily redacted copy of the report.  The Appellees demanded access to the un-redacted report, but TPO resisted.  The trial court ultimately ordered TPO to produce the un-redacted report.  This interlocutory appeal followed.
TPO argues that there is no statutory basis for requiring it to produce the report, citing Indiana Code section 23-1-32-4.  The corporation also contends that allowing the Appellees access to the full report would violate the business-judgment rule and raise attorney-client privilege and work-product issues.  The Appellees claim that they cannot respond to TPO’s summary-judgment motion or challenge the committee’s determination without the full report.

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  1. Im very happy for you, getting ready to go down that dirt road myself, and im praying for the same outcome, because it IS sometimes in the childs best interest to have visitation with grandparents. Thanks for sharing, needed to hear some positive posts for once.

  2. Been there 4 months with 1 paycheck what can i do

  3. our hoa has not communicated any thing that takes place in their "executive meetings" not executive session. They make decisions in these meetings, do not have an agenda, do not notify association memebers and do not keep general meetings minutes. They do not communicate info of any kind to the member, except annual meeting, nobody attends or votes because they think the board is self serving. They keep a deposit fee from club house rental for inspection after someone uses it, there is no inspection I know becausee I rented it, they did not disclose to members that board memebers would be keeping this money, I know it is only 10 dollars but still it is not their money, they hire from within the board for paid positions, no advertising and no request for bids from anyone else, I atteended last annual meeting, went into executive session to elect officers in that session the president brought up the motion to give the secretary a raise of course they all agreed they hired her in, then the minutes stated that a diffeerent board member motioned to give this raise. This board is very clickish and has done things anyway they pleased for over 5 years, what recourse to members have to make changes in the boards conduct

  4. Where may I find an attorney working Pro Bono? Many issues with divorce, my Disability, distribution of IRA's, property, money's and pressured into agreement by my attorney. Leaving me far less than 5% of all after 15 years of marriage. No money to appeal, disabled living on disability income. Attorney's decision brought forward to judge, no evidence ever to finalize divorce. Just 2 weeks ago. Please help.

  5. For the record no one could answer the equal protection / substantive due process challenge I issued in the first post below. The lawless and accountable only to power bureaucrats never did either. All who interface with the Indiana law examiners or JLAP be warned.

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