Reported Case History

Kent J. Browning - Attorney at law

Reported Shareholder Oppression Cases
Tried and Won by Kent J. Browning


Davis v. Sheerin
754 S.W.2d 375 (Tex. Ct. App. 1988)

KEY HOLDING: Texas courts, under their general equity power, may order the buy-out of a minority shareholder's intrest in a closely-held corporation at fair value based on a majority shareholder's oppressive conduct.

      In re Davis
93 B.R. 501 (S.D. Tex 1987)

KEY HOLDING: A majority shareholder's bankruptcy petition was filed in bad faith to avoid the posting of a supersedeas bond in an appeal from an adverse state court shareholder oppression judgment in favor of the minority shareholder.
Hollis v. Hill
232 F.3d 460 (5th Cir. 2000)

KEY HOLDING: The court-ordered buy-out of a 50% shareholder's interest in a closely-held corporation was a proper remedy where the other 50% controlling shareholder engaged in oppressive conduct and in doing so breached his fiduciary duty.
     
Matter of Davis
3 F.3d 113 (5th Cir. 1993)

KEY HOLDING: A buy-out award ordered by a state court in a shareholder oppression case was a non-dischargeable debt.