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GEFRE v. DAVIS WRIGHT TREMAINE, LLP

Nos. S-13675, S-13745.

306 P.3d 1264 (2013)

Nicholas A. GEFRE and Charles T. Beck, individually and as a derivative action on behalf of Petro Alaska, Inc., an Alaskan corporation, Appellants, v. DAVIS WRIGHT TREMAINE, LLP; Jon S. Dawson; Richard A. Klobucher; Burr Pease & Kurtz; and John C. Siemers, Appellees. Burr Pease & Kurtz And John C. Siemers, Cross-Appellants, v. Nicholas A. Gefre and Charles T. Beck, individually and as a derivative action on behalf of Petro Alaska, Inc., an Alaskan corporation, Cross-Appellees.

Supreme Court of Alaska.

August 2, 2013.

Attorney(s) appearing for the Case

Daniel W. Hickey and Anne M. Preston , Gruenstein & Hickey, Anchorage, and James J. Ragen and Gail M. Ragen , Ragen & Ragen, Seattle, Washington, for Appellants and Cross-Appellees.

Patrick B. Gilmore , Atkinson, Conway & Gagnon, Anchorage, for Appellees Davis Wright Tremaine, LLP, Jon S. Dawson, and Richard A. Klobucher.

Clay A. Young and Kendra E. Bowman , Delaney Wiles, Inc., Anchorage, for Appellees and Cross-Appellants Burr Pease & Kurtz and John C. Siemers.

Before: CARPENETI, Chief Justice, FABE, WINFREE, and STOWERS, Justices.

WINFREE, Justice.

I. INTRODUCTION

Shareholders of a closely held corporation brought a derivative suit against a shareholder-director and the corporation's former attorneys for fiduciary fraud, fraudulent conveyance, legal malpractice, and civil conspiracy. After an evidentiary hearing, the superior court ruled all the claims were time-barred. We affirm the superior court's dismissal of most claims, but reverse its dismissal of two claims and remand those...

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