Legal Opinion

Garnitschnig v. Horovitz

District Court, D. Maryland

Decided September 5, 2014No. Case No. PWG-12-774PublishedCited by 1 opinion

1Opinion of the Court

*823 MEMORANDUM OPINION

PAUL W. GRIMM, District Judge.

Plaintiff has brought derivative claims and class claims on behalf of a Delaware corporation and its shareholders against certain directors and officers, alleging that the board of directors made awards that exceeded the limits of a shareholder-approved compensation plan. The company has moved to dismiss under Fed.R.Civ.P. 23.1 for failure to make a demand on the board to redress the wrongs alleged in the Complaint, and the individual Defendants have moved to dismiss under Fed.R.Civ.P. 12(b)(6) and 9(b). Because I find that Plaintiff adequately…

2Cases cited29 opinions

Ashcroft v. IqbalSupreme Court of the United States · 2009
Bell Atlantic Corp. v. TwomblySupreme Court of the United States · 2007
Winter v. Natural Resources Defense Council, Inc.Supreme Court of the United States · 2008
TSC Industries, Inc. v. Northway, Inc.Supreme Court of the United States · 1976
Kamen v. Kemper Financial Services, Inc.Supreme Court of the United States · 1991

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3Cited by1 opinion

Meyer v. ErckDistrict Court, D. Maryland · 2023