University:
University of California, Berkeley
Course:
Law 200.2 | Civil Procedure for LL.M.Students
Academic year:

2023
Views:

86

Pages:

1
Author:

jaxbrokenhart4z4x

I. P. 645 Questions E. Get it under 145 A & C F. Get it under A because didn’t lose & co. promised so it is mandatory G. B & E (those directly successful under the merits or otherwise)  Settlement doesn’t count as on the merits Waltuch V. Conticommodity Services, Inc. Saying he did win on merits but co. says $35M in settlement were to get you off hook so we shouldn’t have to reimburse you  Court denies co. defense because “on the merits or otherwise” He was fined & 6 month suspension, so not on the merits P. 648 H. Gets his legal fees because on the merits or otherwise Topic 30 R. 23.1 Derivative Actions by SHs o Standing requirement  Π needs to be a SH or member at time of transaction, time of lawsuit, & keep your shares all the way through judgment  Corp. gets the $$ if the π wins (π benefits indirectly) Eisenberg V. Flying Tiger Line Is complaint direct or derivative? Grimes V. Donald Excessive compensation & waste (derivative claims) Held abdication claim was direct, not derivative o Similar to Flying Tiger Line case with authority (distribution of power claim) o Difficult to see as obvious case that it isn’t derivative because impacts all the SHs P. 670 Questions A. Could argue it is direct because it is an improperly low price B. Derivative if arguing the co. was hurt (like saying directors violated AOI that SHs voted on) C. (1) Derivative (2) direct if not informing SH  How are you suing in name of co. that is dissolved?