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TORIAN v. CRAIG

No. 20100919.

289 P.3d 479 (2012)

2012 UT 63

Doug TORIAN, directly and derivatively on behalf of EnvironMax, Inc., a Utah corporation, Plaintiff and Appellant, v. Robert CRAIG, Genowefa Craig, Charles Meredith, individuals, EnvironMax, Inc., and Does 1-20, whose true identities are not known, Defendants and Appellees.

Supreme Court of Utah.

September 28, 2012.

Attorney(s) appearing for the Case

Victor A. Sipos , South Jordan, for appellant.

John W. Mackay , Salt Lake City, for appellees.

Justice LEE, opinion of the Court:

¶ 1 Doug Torian brought suit against his former employer (EnvironMax) and its directors to recover the value of shares he received to offset wages owed to him by the company — shares he claimed were diluted by corporate misdeeds. The district court dismissed Torian's suit on summary judgment, concluding that the claim was derivative in nature and that Torian lacked standing to assert it directly. In so ruling, the court...

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