Whitney v. The Guys, Inc., No. 14-3451 (8th Cir. 2016)
Annotate this CaseThis case arises out of the business relationship Joseph H. Whitney entered into with John R. Morrison. The court discussed the relationship and the various corporations in a prior opinion. See Whitney v. The Guys, Inc., 700 F.3d 1118, 1121–23 (8th Cir. 2012). In this appeal, Whitney argues that he was a shareholder of the several companies and that the district court erred in holding otherwise. He also argues that the district court erred in its statute-of-limitations analysis because he was not on inquiry notice prior to October 2007. The court concluded that Whitney was on inquiry notice when he knew he was not being treated as a shareholder. Therefore, a reasonable jury would be compelled to conclude that the July 20, 2007 email and the accompanying deposition testimony show such notice. Accordingly, the court affirmed the judgment.
Court Description: Melloy, Author, with Wollman and Colloton, Circuit Judges] Civil case - Shareholder Rights. For the court's prior opinion in the matter, see Whitney v. The Guys, Inc., 700 F.3d 1118 (8th Cir. 2012). Whitney had been informed in July,2007 that he was not being treated as a shareholder, and this action, which was filed in October, 2010, was time-barred under Delaware's three-year statute of limitations.
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