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102 A.3d 155 *; 2014 Del. Ch. LEXIS 193 **; 2014 WL 5020273
QUADRANT STRUCTURED PRODUCTS COMPANY, LTD., Individually and Derivatively on behalf of Athilon Capital Corp., Plaintiffs, v. VINCENT VERTIN, MICHAEL SULLIVAN, PATRICK B. GONZALEZ, BRANDON JUNDT, J. ERIC WAGONER, ATHILON CAPITAL CORP., ATHILON STRUCTURED INVESTMENT ADVISORS LLC, and EBF & ASSOCIATES, LP, Defendants.
Subsequent History: Rehearing denied by Quadrant Structured Prods. Co. v. Vertin, 2014 Del. Ch. LEXIS 214 (Del. Ch., Oct. 28, 2014)
Summary judgment denied by Quadrant Structured Prods. Co., LTD. v. Vertin, 115 A.3d 535, 2015 Del. Ch. LEXIS 129 (Del. Ch., 2015)
Prior History: Quadrant Structured Prods. Co. v. Vertin, 93 A.3d 654, 2014 Del. LEXIS 291 (Del., 2014)
insolvent, stockholders, alleges, fiduciary duty, fiduciary, dividend, subsidiary, Counts, breach of fiduciary duty, insolvent corporation, controlling stockholder, residual, stock, transferred, swaps, claimants, liquidity, insider, entity, business judgment rule, license fee, ownership, shareholders, solvent, fraudulent transfer, standard of review, good faith, affiliate, derivative claim, Guidelines
Civil Procedure, Dismissal, Involuntary Dismissals, Failure to State Claims, Evidence, Inferences & Presumptions, Inferences, Pleadings, Complaints, Requirements for Complaint, Business & Corporate Law, Management Duties & Liabilities, Fiduciary Duties, General Overview, Duty of Care, Duty of Loyalty, Duty of Good Faith, Actions Against Corporations, Standing, Claim Presentation, Derivative Actions, Duty to Third Parties, Corporations, Corporate Finance, Procedural Matters, Torts, Intentional Torts, Breach of Fiduciary Duty, Justiciability, Burdens of Proof, Governments, Legislation, Interpretation, Demands, Appeals, Standards of Review, De Novo Review, Business Judgment Rule, Causes of Action, Misfeasance & Nonfeasance, Directors & Officers, Indemnification & Reimbursement, Scope of Authority, Limitations on Authority, Defenses, Demurrers & Objections, Motions to Dismiss, Failure to State Claim, Burdens of Proof, Allocation, Fraud & Misrepresentation, Actual Fraud, Elements, Business & Corporate Compliance, Contracts Law, Standards of Performance, Creditors & Debtors, Contracts Law, Assignments, Heightened Pleading Requirements, Fraud Claims, Constructive Fraud, Dividends & Reacquisition of Shares, Declaration & Distribution of Dividends, Right to Dividends, Concerted Action, Civil Conspiracy