Ohio Supreme Court July 3, 2012, 2011-0024 (Miller v. Miller)

O’Donnell, J.,

dissenting.

{¶ 56} I respectfully dissent.

{¶ 57} This case concerns whether a director of a closely held corporation who has fraudulently usurped a corporate opportunity for personal benefit in breach of a fiduciary duty may compel the corporation to advance expenses, including attorney fees, to defend a lawsuit brought to recover damages for that misconduct.

{¶ 58} Although R.C.