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A SERVICE OF OHIO'S PUBLIC BROADCASTING STATIONS
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Case No. 2010-0298 New Destiny Treatment Center, Inc., et al. v. E. Marie Wheeler et al. Expand
 
 
February 15, 2011
02-15-2011
1,790 Views
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Supreme Court of Ohio
 
Description
After Failed Takeover, Can Corporation Sue Lawyer Who Represented Unsuccessful Dissidents for Malpractice?

Case Questions Whether Corporate Attorney-Client Relationship Existed

New Destiny Treatment Center, Inc., et al. v. E. Marie Wheeler et al., Case no. 2010-0298

9th District Court of Appeals (Summit County)

ISSUE: When a group of dissident trustees of a nonprofit corporation retain the services of an attorney to help them in an attempt to unseat the organization's current leadership and establish a new corporate board, if the dissident faction assumes temporary control of corporate assets and operations, even though the dissidents' purported takeover is later voided by a court as a legal nullity, do the actions of the dissidents' attorney during the takeover attempt establish an attorney-client relationship with the corporation sufficient to support a subsequent malpractice lawsuit by the corporation against the dissidents' attorney?
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Ohio GovernmentJudicial BranchSupreme Court of Ohio
 
Markers Transcript
 
00:00:48Alan M. Petrov for Roderick Linton LLP
00:14:38Michael J. Moran for New Destiny Treatment Center Inc.
00:31:50Summation: Brian D. Sullivan for E. Marie Wheeler
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