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. Unfortunately, the court doesn't understand the difference between ebidta and adjusted ebidta as they clearly got the ruling wrong based on their misunderstanding

  2. A common refrain in the comments on this website comes from people who cannot locate attorneys willing put justice over retainers. At the same time the judiciary threatens to make pro bono work mandatory, seemingly noting the same concern. But what happens to attorneys who have the chumptzah to threatened the legal status quo in Indiana? Ask Gary Welch, ask Paul Ogden, ask me. Speak truth to power, suffer horrendously accordingly. No wonder Hoosier attorneys who want to keep in good graces merely chase the dollars ... the powers that be have no concerns as to those who are ever for sale to the highest bidder ... for those even willing to compromise for $$$ never allow either justice or constitutionality to cause them to stand up to injustice or unconstitutionality. And the bad apples in the Hoosier barrel, like this one, just keep rotting.

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