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MENEZES v. WL ROSS & COMPANY, LLC

No. 27254.

403 S.C. 522 (2013)

744 S.E.2d 178

Brian P. MENEZES, Petitioner, v. WL ROSS & COMPANY, LLC, Wilbur L. Ross, Jr., Michael J. Gibbons, David H. Storper, David L. Wax, Joseph L. Gorga, Stephen B. Duerk, WLR Recovery Fund II, L.P., WLR Recovery Fund III, L.P., WLR Recovery Associates II, LLC, and WLR Recovery Associates III, LLC, Respondents.

Supreme Court of South Carolina.

Decided May 22, 2013.

Rehearing Denied July 12, 2013.

Attorney(s) appearing for the Case

William D. Herlong , of The Herlong Law Firm, LLC, of Greenville, Russell Thomas Burke , of Nexsen Pruet, LLC, of Columbia, and Thomas L. Stephenson and Andrew A. Mathias , both of Nexsen Pruet, LLC, of Greenville, all for Petitioner.

H. Sam Mabry, III , and Charles M. Sprinkle , both of Haynsworth Sinkler Boyd, PA, of Greenville, and Michael J. McConnell , N. Scott Fletcher , and Joseph E. Finley , all of Jones Day, of Atlanta, Georgia, for Respondents.

Chief Justice TOAL.

Brian P. Menezes (Petitioner) argues that the court of appeals erred in its analysis of when a claim for breach of fiduciary duty accrues under Delaware law. We disagree. The court of appeals performed a knowledgeable and perceptive analysis of the instant case. However, our review of Delaware law leads us to a different conclusion regarding the efficacy of Petitioner's claim. Thus, we affirm the court of

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