Legal Opinion
Lewis v. Fuqua
Court of Chancery of Delaware
Decided November 14, 1985PublishedCited by 46 opinions
1Opinion of the Court
HARTNETT, Vice Chancellor.
The corporate defendant, Fuqua Industries, Inc., moved to dismiss this stockholder derivative action pursuant to a recommendation of a Special Litigation Committee appointed by the Board of the corporation to inquire into the validity of the claims set forth in the Complaint. The motion must be denied because the movant has neither borne its burden of showing that the Special Litigation Committee was independent nor that the Committee established a reasonable basis for its conclusions. Nor would dismissal of the suit at this juncture be in the best interests of the…
2Cases cited15 opinions
- Aronson v. LewisSupreme Court of Delaware · 1984
- Weinberger v. UOP, Inc.Supreme Court of Delaware · 1983
- Guth v. Loft, Inc.Supreme Court of Delaware · 1939
- Zapata Corp. v. MaldonadoSupreme Court of Delaware · 1981
- Pogostin v. RiceSupreme Court of Delaware · 1984
10 more not listed; retrieve them via the Exa API.
3Cited by46 opinions
- Beam Ex Rel. M. Stewart Living v. StewartSupreme Court of Delaware · 2004
- Kahn v. Tremont Corp.Supreme Court of Delaware · 1997
- In Re ORACLE CORP DERIVATIVE LITIGATIONCourt of Chancery of Delaware · 2003
- In Re the Walt Disney Co. Derivative LitigationCourt of Chancery of Delaware · 1998
- Hollinger International, Inc. v. BlackCourt of Chancery of Delaware · 2004
41 more not listed; retrieve them via the Exa API.