Zampogna v. Law Enforcement Health Benefits, Inc. ( 2014 )

lN THE SUPREME COURT OF PENNSYLVANlA EASTERN D|STR|CT FRANKZA|\/|POGNA, 1 NO. 17 EAL 2014 Respondent . : Petition for Allowance of Appeal from the : Order of the Commonwealth Court LAW ENFORCE|\/|ENT HEALTH BENEF|TS, |NC., Petitioner ORDER PER CUR|AM 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'?