Legal Opinion
Maher v. Zapata Corp.
District Court, S.D. Texas
Decided May 27, 1980No. Civ. A. H-79-234PublishedCited by 20 opinions
1Opinion of the Court
MEMORANDUM AND ORDER:
NORMAN W. BLACK, District Judge.
Plaintiffs filed this shareholders’ derivative suit pursuant to the federal securities laws, the Texas Business Corporation Act and the common law. Plaintiffs have not made demand upon Zapata or its Directors to bring this suit. Plaintiffs argue that the demand would have been futile since all of the present members of the Board (not including the special committee, infra) are defendants in the action. (Second Amended Complaint at § 34).
Allegations
Defendants have violated § 14(a) of the Securities Exchange Act of 1934 (the “Act”), (15…
2Cases cited23 opinions
- Blonder-Tongue Laboratories, Inc. v. University of Illinois FoundationSupreme Court of the United States · 1971
- Commissioner v. Estate of BoschSupreme Court of the United States · 1967
- Burks v. LaskerSupreme Court of the United States · 1979
- Southwest Airlines Company v. Texas International Airlines, Inc. v. Texas Aeronautics Commission, Intervenor-AppelleeCourt of Appeals for the Fifth Circuit · 1977
- United Copper Securities Co. v. Amalgamated Copper Co.Supreme Court of the United States · 1917
18 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- Zapata Corp. v. MaldonadoSupreme Court of Delaware · 1981
- 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
- Fed. Sec. L. Rep. P 99,484 John F. Maher v. Zapata Corporation v. William Maldonado, Objector-AppellantCourt of Appeals for the Fifth Circuit · 1983
- Gearhart Industries, Inc. v. Smith International, Inc.Court of Appeals for the Fifth Circuit · 1984
- Genzer v. CunninghamDistrict Court, E.D. Michigan · 1980
15 more not listed; retrieve them via the Exa API.