McMillan Pazdan Smith, LLC v. Donza H. Mattison (1)

Syllabus

Donza H. Mattison, on behalf of McMillan Pazdan Smith, LLC (MPS), appeals the circuit court's grant of summary judgment dismissing her derivative action against Ronald G. Smith, Joseph M. Pazdan, Brad B. Smith, and Chad C. Cousins (collectively, Majority Members). Mattison argues the circuit court erred by (1) assigning her the burden of proof and disregarding many of the applicable factors when determining whether she was a fair and adequate representative for the derivative action (2) accepting unsworn, boilerplate statements for affidavits (3) ascribing her with an improper motive for filing the derivative action (4) considering confidential settlement negotiations that were inadmissible under Rule 408, SCRE (5) failing to view the facts in the light most favorable to her as required on Majority Members' motion for summary judgment (6) refusing to consider her \class of one\ argument (7) limiting the scope of discovery and (8) refusing to address the conflict of interest that arose due to the same law firm representing MPS, Majority Members, and the minority members of MPS. We affirm.