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· 9/23/2003

DeNune v. Consolidated Capital of North America, Inc.

Citations

  • 288 F. Supp. 2d 844
  • 2003 U.S. Dist. LEXIS 19164
  • 2003 WL 22435772

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that under Ohio law officers and directors of an insolvent corporation owe a fiduciary duty to the corporation's creditors not to waste corporate assets and citing for this proposition Thomas v. Matthews, 94 Ohio St. 32, 47, 113 N.E. 669 (1916
  • holding that under Ohio law officers and directors of an insolvent corporation owe a fiduciary duty to the corporation’s creditors not to waste corporate assets and citing for this proposition Thomas v. Matthews, 94 Ohio St. 32, 47, 113 N.E. 669 (1916
  • construing “debtor” to include officers and directors of parent company who controlled the debtor
  • an officer’s fiduciary duty to creditors arises when a corporation becomes insolvent or is on the brink of insolvency
  • “Defendants are entitled to raise the res judicata issue in this motion to dismiss.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Carr

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.