GIORDANO v. THOMSON

Docket Nos. 07-2658-cv, 07-2887-cv.

564 F.3d 163 (2009)

Joseph J. GIORDANO, Plaintiff-Appellant-Cross-Appellee, v. John B. THOMSON, Jr., Thomson Industries, Inc., and Danaher Corporation, Defendants-Appellees-Cross-Appellants.

United States Court of Appeals, Second Circuit.

Decided: April 27, 2009.


Attorney(s) appearing for the Case

William Dan Boone and Ngozi Evelyn Bolin, Bolin & Boone, New York, NY, for plaintiff-appellant-cross-appellee.

John T. Morin and Jennifer L. Marlborough, Wormser, Kiely, Galef & Jacobs LLP, New York, NY, for defendants-appellees-cross-appellants.

Before: FEINBERG, WALKER, and LIVINGSTON, Circuit Judges.


FEINBERG, Circuit Judge:

Plaintiff Joseph J. Giordano worked as the Chief Financial Officer (CFO) of Thomson Industries, Inc. (hereafter "TII" or "the company") from September 2000 to October 2002. During that period, while TII was in the process of selling itself to defendant Danaher Corporation ("Danaher"), Giordano made some inquiries as to whether he would receive some sort of payment for his role in the sale. Some at TII perceived his behavior as counterproductive...

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