SIMMONS v. MILLER

Record No. 000785.

544 S.E.2d 666 (2001)

Calvert W. SIMMONS v. Margaret C. MILLER, et al.

Supreme Court of Virginia.

April 20, 2001.


Attorney(s) appearing for the Case

J. Andrew Keyes, Washington, DC (Paul Martin Wolff; Williams & Connolly, on briefs), for appellant.

Nicholas H. Hantzes, Washington, DC (William Garber; Hantzes & Associates, on brief), for appellees Margaret C. Miller and Karim Bayzid.

Steven R. Becker, Washington, DC (Pamela A. Bresnahan; Vorys, Sater, Seymour & Pease, on brief), for appellee Maria M. Mear.

Present: CARRICO, C.J., and LACY, KEENAN, KOONTZ, KINSER, and LEMONS, JJ.


LEMONS, Justice.

In this appeal, we consider whether Virginia law permits a minority shareholder in a closely held corporation to assert individual claims, distinct from derivative claims, on behalf of a corporation against a corporate officer or director for breach of fiduciary duty. We also consider the trial court's ruling that there was insufficient evidence to sustain a claim of statutory conspiracy pursuant to Code §§ 18.2-499 and -500 and its ruling...

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