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Tuesday, June 21, 2011

Ind. Decisions - Court of Appeals issues 1 today (and 12 NFP)

For publication opinions today (1):

In Victor J. DiMaggio, III v. Elias Rosario, et al., a 7-page opinion, Judge Kirsch writes:

Victor J. DiMaggio III (“DiMaggio”) appeals the trial court's order dismissing his complaint for usurpation of a corporate opportunity against Liberty Lake Estates, LLC (“LLE”), Mark Nebel (“Nebel”), and William C. Haak (“Haak”) (collectively “the Appellees”) and Elias Rosario (“Rosario”). DiMaggio raises the following restated issue for our review: whether the trial court erred when it dismissed his complaint for failure to state a claim upon which relief can be granted on the grounds that Indiana does not recognize a cause of action against a third-party non-fiduciary for usurpation of a corporate opportunity of a closely held corporation. * * *

Here, DiMaggio has not alleged any knowing conduct on the part of the Appellees. Therefore, while we save for another day the decision as to whether Indiana should adopt such a cause of action, we conclude that, even if such a cause of action were to be recognized in Indiana, his complaint fails to state a claim upon which relief can be granted. The trial court did not err when it granted the Appellees' motion to dismiss. Affirmed.

NFP civil opinions today (1):

Term. of Parent-Child Rel. of D.M.; E.M. v. I.D.C.S. (NFP)

NFP criminal opinions today (11):

Darrell Farmer v. State of Indiana (NFP)

Donnett Phillips v. State of Indiana (NFP)

Andre White v. State of Indiana (NFP)

Raymond Cain v. State of Indiana (NFP)

Latoya Duncan v. State of Indiana (NFP)

Demarcus Verse v. State of Indiana (NFP)

James C. Ritenour, Jr. v. State of Indiana (NFP)

Eric M. Schuler v. State of Indiana (NFP)

Steven Connors v. State of Indiana (NFP)

Tommie Rivers v. State of Indiana (NFP)

Phillip D. Laster v. State of Indiana (NFP)

Posted by Marcia Oddi on June 21, 2011 10:02 AM
Posted to Ind. App.Ct. Decisions