Legal Opinion
Bushansky v. Soon-Shiong
California Court of Appeal, 5th District
Decided May 25, 2018No. D072213PublishedCited by 8 opinions
1Opinion of the CourtDato, J.
*1003Plaintiff Stephen Bushansky filed a shareholder derivative action in San Diego Superior Court on behalf of nominal defendant NantKwest, Inc. Based on a forum selection provision contained in NantKwest's certificate of incorporation that generally designates Delaware as the forum for shareholder derivative actions, the trial court dismissed Bushansky's suit.
On appeal, Bushansky argues that the forum selection provision was never triggered since a condition precedent to its operation was never met. That condition requires that Delaware courts have personal jurisdiction over all indispensable…
2Cases cited24 opinions
- The Bremen v. Zapata Off-Shore Co.Supreme Court of the United States · 1972
- John Wyeth & Brother Limited v. Cigna International CorporationCourt of Appeals for the Third Circuit · 1997
- Hurtado v. Superior CourtCalifornia Supreme Court · 1974
- Smith, Valentino & Smith, Inc. v. Superior CourtCalifornia Supreme Court · 1976
- Ransom v. Penn Mutual Life InsuranceCalifornia Supreme Court · 1954
19 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Korman v. Princess Cruise Lines, Ltd., California Court of Appeal, 5th District2019
- Drulias v. 1ST Century Bancshares, Inc., California Court of Appeal, 5th District2018
- Global Fin. Distribs. v. Superior Court, California Court of Appeal, 5th District2019
- Drulias v. 1st Century Bancshares, Inc.California Court of Appeal · 2018
- EpicentRx, Inc. v. Super. Ct.California Court of Appeal · 2023
3 more not listed; retrieve them via the Exa API.