For Your Data Merola V. Exergen Corp. Instance Brief
November 14, 2020
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Merola v. Exergen Corp. case brief summary
38 Mass. App. Ct. 46
SYNOPSIS: Defendants, corporation in addition to president, sought review of a judgment from the Superior Court of Middlesex County (Massachusetts), which was rendered against defendants on plaintiff minority stockholder's complaint of wrongful termination.
FACTS:
-The trial courtroom had rendered a judgment against defendants, corporation in addition to president, on plaintiff minority stockholder's complaint that accused president had wrongfully terminated him.
-The trial courtroom issued findings of fact in addition to conclusions of police pull that institute accused president owed a fiduciary duty to plaintiff, in addition to yesteryear terminating plaintiff's occupation without whatever legitimate run he failed to perform his fiduciary obligations to plaintiff.
-On appeal, the courtroom did non notice whatever merit inwards defendants' arguments that challenged the trial court's findings.
ANALYSIS:
-There was plenty prove to back upward the inference that accused president's motivation for the discharge was to impairment plaintiff in addition to non to produce goodness the corporation.
-Also, at that topographic point was a reasonable expectation that plaintiff would accept received a homecoming inwards his investments alongside continued occupation in addition to alongside opportunities to hold upward yesteryear away a major shareholder.
-The courtroom affirmed the trial court's judgment, simply modified it to run entirely against accused president. -There was no at nowadays displace of activeness against accused corporation based on accused president's breach of his fiduciary duty to plaintiff.
HOLDING: The courtroom modified the trial court's judgment to run entirely against accused president in addition to non accused corporation. Defendant president had breached his fiduciary duty to plaintiff employee, simply this did non render a at nowadays displace of activeness against accused corporation.
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38 Mass. App. Ct. 46
SYNOPSIS: Defendants, corporation in addition to president, sought review of a judgment from the Superior Court of Middlesex County (Massachusetts), which was rendered against defendants on plaintiff minority stockholder's complaint of wrongful termination.
FACTS:
-The trial courtroom had rendered a judgment against defendants, corporation in addition to president, on plaintiff minority stockholder's complaint that accused president had wrongfully terminated him.
-The trial courtroom issued findings of fact in addition to conclusions of police pull that institute accused president owed a fiduciary duty to plaintiff, in addition to yesteryear terminating plaintiff's occupation without whatever legitimate run he failed to perform his fiduciary obligations to plaintiff.
-On appeal, the courtroom did non notice whatever merit inwards defendants' arguments that challenged the trial court's findings.
ANALYSIS:
-There was plenty prove to back upward the inference that accused president's motivation for the discharge was to impairment plaintiff in addition to non to produce goodness the corporation.
-Also, at that topographic point was a reasonable expectation that plaintiff would accept received a homecoming inwards his investments alongside continued occupation in addition to alongside opportunities to hold upward yesteryear away a major shareholder.
-The courtroom affirmed the trial court's judgment, simply modified it to run entirely against accused president. -There was no at nowadays displace of activeness against accused corporation based on accused president's breach of his fiduciary duty to plaintiff.
HOLDING: The courtroom modified the trial court's judgment to run entirely against accused president in addition to non accused corporation. Defendant president had breached his fiduciary duty to plaintiff employee, simply this did non render a at nowadays displace of activeness against accused corporation.
---
Interested inwards learning how to acquire the summit grades inwards your police pull schoolhouse classes? Want to larn how to written report smarter than your competition? Interested inwards transferring to a high ranked school?