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2017 Del. Ch. LEXIS 67 *
THE FREDERICK HSU LIVING TRUST, Plaintiff, v. ODN HOLDING CORPORATION, OAK HILL CAPITAL PARTNERS III, L.P., OAK HILL CAPITAL MANAGEMENT PARTNERS III, L.P., OHCP GENPAR III, L.P., OHCP MGP PARTNERS III, L.P., OHCP MGP III, LTD., ROBERT MORSE, WILLIAM PADE, DAVID SCOTT, DEBRA DOMEYER, JEFFREY KUPIETZKY, ALLEN MORGAN, LAWRENCE NG, SCOTT JARUS, KAMRAN POURZANJANI, ELIZABETH MURRAY, TOOD H. GREENE, and SCOTT MORROW, Defendants.
Notice: THIS OPINION HAS NOT BEEN RELEASED FOR PUBLICATION. UNTIL RELEASED, IT IS SUBJECT TO REVISION OR WITHDRAWAL.
Subsequent History: As Corrected April 25, 2017.
[*1] As Corrected April 24, 2017.
Later proceeding at The Frederick Hsu Living Trust v. ODN Holding Corp., 2017 Del. Ch. LEXIS 308 (Del. Ch., May 12, 2017)
Judgment entered by Frederick Hsu Living Trust v. Oak Hill Capital Partners III, L.P., 2020 Del. Ch. LEXIS 173 (Del. Ch., May 4, 2020)
redemptions, preferred stock, redeem, redemption right, reasonable inference, shares, fiduciary, stockholders, funds, maximize, alleges, fiduciary duty, holders, line of business, undifferentiated, standard of review, conceivable, terms, stock, liquidation, allegation of the complaint, bad faith, good faith, insolvent, standard of conduct, unjust enrichment, circumstances, long-term, Oversee, Domain
Civil Procedure, Defenses, Demurrers & Objections, Motions to Dismiss, Failure to State Claim, Business & Corporate Law, Corporations, Shareholder Actions, Actions Against Corporations, Corporate Finance, Dividends & Reacquisition of Shares, Cancellation & Redemption, Initial Capitalization & Stock Subscriptions, Classes of Stock, Directors & Officers, Management Duties & Liabilities, Fiduciary Duties, Business & Corporate Compliance, Business & Corporate Law, Corporations, Governments, Legislation, Interpretation, Causes of Action & Remedies, Breach of Fiduciary Duty, Elements, Fiduciary Duties, Duty of Care, Duty of Loyalty, Duty of Good Faith, Contracts Law, Breach, Efficient Breach, Duties & Liabilities, Breach of Fiduciary Duty, Contracts Law, Third Parties, Business Judgment Rule, Duty to Third Parties, Evidence, Burdens of Proof, Allocation, Inferences & Presumptions, Presumptions, Rebuttal of Presumptions, Pleading & Practice, Pleadings, Complaints, Shareholders, Shareholder Duties & Liabilities, Controlling Shareholders, Burden Shifting, Burdens of Production, Responses, Motions to Dismiss, Inferences, Dissolution & Receivership, Causes of Action, Corporate Governance, Directors & Officers, Torts, Intentional Torts, Multiple Defendants, Concerted Action, Civil Aiding & Abetting, Controlling Shareholders, Remedies, Equitable Relief, Quantum Meruit, Affirmative Defenses, Laches, Equity, Maxims, Follows the Law Principle, Statute of Limitations, Time Limitations, Statute of Limitations, Pleadings & Proof, Standing, Demands, Futility