Cohen v. Beneficial Industrial Loan Corp.
Supreme Court of the United States
1Opinion of the CourtJustice Jackson
The ultimate question here is whether a federal court, having jurisdiction of a stockholder’s derivative action only because the parties are of diverse citizenship, must apply a statute of the forum state which makes the plaintiff, if unsuccessful,, liable for the reasonable expenses, including attorney’s fees, of the defense and entitles the corporation to require security for their payment.
Petitioners’ decedent, as plaintiff, brought in the United States District Court. for New Jersey an action 'in the right of the Beneficial Industrial Loan Corporation, a Delaware corporation doing…
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