Legal Opinion

Weinstein v. Appelbaum

District Court, S.D. New York

Decided April 2, 2002No. 01 CIV.8515CMGAYPublishedCited by 9 opinions

1Opinion of the Court

MEMORANDUM DECISION AND ORDER DISMISSING PLAINTIFF’S COMPLAINT

McMAHON, District Judge.

Plaintiffs are former shareholders of defendant Tavolo, Inc., a privately-held company. They purchased shares of Series A and B Preferred Stock in 1998. In connection with a merger between Tavolo and defendant Our House, Inc., approved by the Tavolo Board December 8, 2000, plaintiffs’ shares were cancelled, because the shares to be received in the merger were valued at a mere $8.5 million, while holders of Series C through F Preferred Stock were entitled, under the Company’s certificate of incorporation, to…

2Cases cited21 opinions

  1. Conley v. GibsonSupreme Court of the United States · 1957
  2. California Motor Transport Co. v. Trucking UnlimitedSupreme Court of the United States · 1972
  3. Weinberger v. UOP, Inc.Supreme Court of Delaware · 1983
  4. San Leandro Emergency Medical Group Profit Sharing Plan v. Philip Morris Companies, Inc.Court of Appeals for the Second Circuit · 1996
  5. Harsco Corp. v. SeguiCourt of Appeals for the Second Circuit · 1996

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3Cited by9 opinions

  1. Ellington Credit Fund, Ltd. v. Select Portfolio Servicing, Inc.District Court, S.D. New York · 2011
  2. Metro Communication Corp. v. Advanced Mobilecomm Technologies Inc.Court of Chancery of Delaware · 2004
  3. In Re Vivendi Universal, S.A. Securities LitigationDistrict Court, S.D. New York · 2003
  4. Williams v. Rosenblatt Securities Inc.District Court, S.D. New York · 2015
  5. Carruthers v. FlaumDistrict Court, S.D. New York · 2005

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