Legal Opinion
Stern v. General Electric Co.
Court of Appeals for the Second Circuit
Decided January 28, 1991No. 167, Docket 87-7481PublishedCited by 10 opinions
1Opinion of the Court
OAKES, Chief Judge:
Philip M. Stern appeals from a judgment of the United States District Court for the Southern District of New York, Mary Johnson Lowe, Judge, granting the motion of General Electric Company (“GE”) and sixteen of its directors (the “Directors”) to dismiss Stern’s complaint. For the reasons set forth below, we affirm as to Counts Two and Three of the complaint, but reverse as to Counts One and Four and remand with instructions to modify the judgment to allow Stern to replead.
BACKGROUND
On May 21, 1986, Stern filed a shareholders’ derivative action against the Directors,…
2Cases cited19 opinions
- Hanna v. PlumerSupreme Court of the United States · 1965
- Hines v. DavidowitzSupreme Court of the United States · 1941
- Rice v. Santa Fe Elevator Corp.Supreme Court of the United States · 1947
- United States v. HarrissSupreme Court of the United States · 1954
- Pacific Gas & Electric Co. v. State Energy Resources Conservation & Development CommissionSupreme Court of the United States · 1983
14 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Martin v. American Equity InsuranceDistrict Court, D. Connecticut · 2002
- In Re Colonial Ltd. Partnership LitigationDistrict Court, D. Connecticut · 1994
- MILANO BY MILANO v. FreedDistrict Court, E.D. New York · 1991
- Allied Sanitation, Inc. v. Waste Management Holdings, Inc.District Court, E.D. New York · 2000
- Thomson McKinnon Securities Inc. v. Bank of New York (In Re Thomson McKinnon Securities Inc.)United States Bankruptcy Court, S.D. New York · 1992
5 more not listed; retrieve them via the Exa API.