Opinion
Case No. 3:10-cv-156
03-05-2013
THE ANTIOCH COMPANY LITIGATION TRUST, Plaintiff, v. LEE MORGAN, et al., Defendants.
Judge Timothy S. Black
ORDER GRANTING DEFENDANT NORTHROP'S
MOTION TO DISMISS (Doc. 104)
This civil action is before the Court on Defendant Northrop's motion to dismiss (Doc. 104) and Plaintiff's memorandum contra (Doc. 107).
While Plaintiff opposes the motion, it acknowledges that this Court has previously held that Ohio law does not recognize a cause of action for aiding and abetting breach of fiduciary duty and absent a reconsideration of the Order, the Court's previous ruling applies to Mr. Northrop. (Doc. 107 at 1-2).
Defendant seeks dismissal of Count Seven for aiding and abetting breach of fiduciary duty. In its Order granting Defendants' motion for reconsideration (Doc. 71), the Court ruled that the opinion of the Ohio Supreme Court in DeVries Dairy, LLC v. White Eagle Coop. Ass'n, 974 N.E.2d 1194 (Ohio 2012), invalidated a cause of action for aiding and abetting breach of fiduciary duty under Ohio law. That ruling applies to the cause of action asserted against Defendant Northrop in Count Seven.
Accordingly, Defendant Northrop's motion to dismiss Count Seven for aiding and abetting breach of fiduciary duty (Doc. 104) is GRANTED.
IT IS SO ORDERED.
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Timothy S. Black
United States District Judge