United States Eighth Circuit

In an action brought by shareholder-plaintiff alleging various violations of his rights as a minority shareholder, partial summary judgment for defendants is affirmed where: 1) plaintiff's claim for breach of fiduciary duty to a minority shareholder was time barred by North Dakota's statute of limitations; 2) the continuing wrong doctrine did not toll the limitations period; 3) there was no error in findings of fact concerning freeze-out of a minority shareholder, breach of fiduciary duty, and unfair deprivation of reasonable expectations; and 4) in applying North Dakota state law, the district court did not abuse its discretion in awarding attorney's fees and expenses to defendant.

Appellate Information

• Decided 05/13/2008
• Published 05/13/2008

Judges

• TASHIMA, Circuit Judge., Before RILEY, TASHIMA, and SMITH, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Mark Richard Hanson, argued, Fargo, ND (Kirsti B. Hourigan, on the brief), for appellant.


• For Appellees:
  
• David Bliss, argued, Bismarck, ND, for appellee.