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Governance provisions transferring authority from board to controlling investors was facially invalid where such provisions had not been incorporated into the corporate charter, as charters could not incorporate private agreements by reference without rendering them non-public and preventing stockholders from amending the charter.
Handdown List released on:April 10, 2024
Appeals & Motions List released on:March 12, 2024
Court granted the application of a plaintiff team to lead a consolidated derivative action where counsel had organized the stronger litigation team and the selected plaintiffs consistent of public agencies/officials with extensive financial experience.
Appeals & Motions List released on:October 24, 2023
Appeals & Motions List released on:June 22, 2023
The court granted a motion to dismiss in part in a class action matter filed by vehicle owners against an engine manufacturer and distributor.
Court granted board of directors' motion to dismiss a claim for breach of loyalty after plaintiff shareholders sued following a cybersecurity attack that led to a substantial drop in the company's stock value.
Antitrust claims arising from alleged reverse payment agreements were timely under the statute of limitations where each alleged supracompetitive sale constituted a discrete act that started the limitations period for that sale.
Collective Action Waiver Is Not Waiver of Right, Claim Triggering ADEA §626(f)(1)
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