Opinion
2014-09-9
Frank ZAMPOGNA, Respondent v. LAW ENFORCEMENT HEALTH BENEFITS, INC., Petitioner.
Petition for Allowance of Appeal from the Order of the Commonwealth Court, No. 17 EAL 2014.
Prior report: Pa.Cmwlth., 81 A.3d 1043.
ORDER
PER CURIAM.
AND NOW, this 9th day of September, 2014, the Petition for Allowance of Appeal is hereby GRANTED on the following issues as stated by Petitioner:
a. Whether Courts may disregard the vital function of corporate self-governance by second-guessing the decisions of corporate directors and failing to provide the required deference to their decision simply because the court may not agree with the decision?
b. Whether a court may simply usurp the role of corporate directors by negating the presumption of good-faith to the decisions of directors required by law by simply asserting, without requiring any proof thereof, a conflict of interest by the directors?
c. Whether funds, whose original source was a public entity, retain their public character once the public entity distributes those funds to a private corporation in satisfaction of an obligation, and after the private corporation had retained those funds as corporate assets, and after that corporation utilized the corporate assets for a corporate purpose?