Legal Opinion

Lewis v. Anderson

Court of Appeals for the Ninth Circuit

Decided October 29, 1979No. 79-3021PublishedCited by 75 opinions

1Opinion of the Court

EUGENE A. WRIGHT, Circuit Judge:

Two minority shareholders of Walt Disney Productions appeal from partial summary judgment barring their derivative action against certain directors. The district court ruled that the board may appoint a “special litigation committee” to determine whether maintaining the action is in the corporation’s best interests. So long as the committee exercises its best business judgment, its decision to dismiss the action will be honored by the courts. The court reserved for trial the question whether the committee did exercise good faith business judgment. We granted…

2Cases cited14 opinions

  1. Ernst & Ernst v. HochfelderSupreme Court of the United States · 1976
  2. Commissioner v. Estate of BoschSupreme Court of the United States · 1967
  3. J. I. Case Co. v. BorakSupreme Court of the United States · 1964
  4. Ross v. BernhardSupreme Court of the United States · 1969
  5. Bernhardt v. Polygraphic Co. of America, Inc.Supreme Court of the United States · 1956

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3Cited by75 opinions

  1. United States v. American Telephone & Telegraph Co.District Court, District of Columbia · 1983
  2. Zapata Corp. v. MaldonadoSupreme Court of Delaware · 1981
  3. John M. Dimidowich, Dba Micro Image v. Bell & HowellCourt of Appeals for the Ninth Circuit · 1987
  4. Lubrizol Enterprises, Inc. v. Richmond Metal Finishers, Inc., in Re Richmond Metal Finishers, Inc., DebtorCourt of Appeals for the Fourth Circuit · 1985
  5. Fed. Sec. L. Rep. P 98,000 Ora E. Gaines v. D. J. Haughton, Lois A. And James Fitzpatrick v. D. J. HaughtonCourt of Appeals for the Ninth Circuit · 1981

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