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SAHNI v. HOCK

Nos. 2007-CA-001785-MR, 2007-CA-002421-MR.

369 S.W.3d 39 (2010)

Davinder SAHNI, Appellant, v. Janett HOCK, in both her individual capacity and in her capacity as a Shareholder Derivative Representative of Emergency Medical Systems, Inc., Appellee. Janett Hock, individually and on behalf of Emergency Medical Systems, Inc., and Tri-Star Holding, Ltd., Cross-Appellant, v. Davinder Sahni; Michael O'Leary; Emergency Medical Systems, Inc.; and Tri-Star Holding, Ltd., Cross-Appellees.

Court of Appeals of Kentucky.

Discretionary Review Granted by Supreme Court April 13, 2011.

Order Granting Discretionary Review Vacated and Discretionary Review Denied November 11, 2011.

Attorney(s) appearing for the Case

Craig C. Dilger and Jeffrey A. Calabrese (argued), Louisville, KY, for appellant/cross-appellee.

Bruce A. Brightwell (argued), New Albany, IN, for appellee/cross-appellant.

Before COMBS, Chief Judge; NICKELL and TAYLOR, Judges.

OPINION

NICKELL, Judge.

Davinder Sahni, appeals from a jury verdict in favor of Janett Hock, individually and on behalf of Emergency Medical Systems, Inc. (EMS), on her direct and shareholder's derivative claims for breach of fiduciary duty. Sahni argues: (1) Hock failed to satisfy the demand requirement of KRS1 271B.7-400(2); (2) Hock does not fairly and adequately represent the interests of EMS shareholders; (3) Hock...

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