TP Orthodontics, Inc. v. Andrew Kesling, et al. - 5/15/14

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Thursday  May 15, 2014 
9:00 AM  EST

9 a.m.  46A03-1207-MI-324. In litigation between siblings who are shareholders of a closely-held corporation, a special litigation committee (“SLC”) was formed to investigate and evaluate derivative claims the minority shareholders sought to pursue on behalf of the corporation, and the SLC issued a report that recommended pursuing some claims but not others.  The corporation moved to dismiss those claims the SLC recommended be rejected, attaching to its motion a heavily-redacted version of that report.  The minority shareholders then sought to compel production of the entire report, save one section not at issue.  The trial court granted the motion to compel production, and the Court of Appeals affirmed on interlocutory appeal.  In re TP Orthodontics, Inc., 995 N.E.2d 1057 (Ind. Ct. App. 2013), trans. pending.  The corporation, TP Orthodontics, has petitioned the Supreme Court to accept jurisdiction over the appeal.

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