Corporate Law : Stock Redemption Agreement – Newly Discovered Evidence

Where a shareholder in a closely held Nebraska corporation challenged the dismissal of her claims in a dispute arising from a stock purchase agreement, the district court properly dismissed claims requiring proof of loss causation that was not properly pleaded, but the matter is remanded for further consideration of whether the shareholder’s post-dismissal motion to alter or amend presented newly discovered evidence regarding the breach of contract claim.

Judgment is affirmed in part; reversed and remanded in part.

Ryan v. Ryan (MLW No. 71645/Case No. 16-3149 – 14 pages) (U.S. Court of Appeals, 8^th Circuit, Loken, J.) Appealed from U.S. District Court, District of Nebraska, Smith Camp, J. (Bonnie M. Boryca, Omaha, Nebraska, argued for appellant; Nicholas F. Sullivan and Karen M. Keeler appeared on the brief) (Victoria H. Buter, Omaha, Nebraska, and Larry E. Welch Jr., Omaha, Nebraska, argued for appellees).

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