Legal Opinion

Lewis v. Graves

Court of Appeals for the Second Circuit

Decided February 28, 1983No. 280, Docket 82-7398PublishedCited by 81 opinions

1Opinion of the Court

CARDAMONE, Circuit Judge:

We review on this appeal the single issue of whether the district court erred in dismissing plaintiff’s shareholder derivative suit for failure to make a demand upon the directors of defendant J. Ray McDermott & Co., Inc. (McDermott). A derivative suit often brings into the litigation arena parties holding widely divergent views as to how the affairs of a corporation can best be conducted. Directors of a corporation ordinarily believe that they have been good stewards of the corporate assets. They also believe that, by virtue of their offices, they are in a better…

2Cases cited18 opinions

  1. Hawes v. OaklandSupreme Court of the United States · 1882
  2. Fed. Sec. L. Rep. P 98,860 Athalie Doris Joy v. Nelson L. North, Nelson L. NorthCourt of Appeals for the Second Circuit · 1982
  3. Zapata Corp. v. MaldonadoSupreme Court of Delaware · 1981
  4. Dorothy Elfenbein v. Gulf & Western Industries, Inc., and Stelux Manufacturing Co., and Bulova Watch Co., Inc.Court of Appeals for the Second Circuit · 1978
  5. Lewis v. CurtisCourt of Appeals for the Third Circuit · 1982

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3Cited by81 opinions

  1. Haberman v. Washington Public Power Supply SystemWashington Supreme Court · 1988
  2. Alfred Blasband v. Steven M. Rales Mitchell P. Rales John Doe 1-10 Danaher Corporation, Alfred Blasband, Derivatively on Behalf of Danaher CorporationCourt of Appeals for the Third Circuit · 1992
  3. Hargrave v. Canadian Valley Electric Cooperative, Inc.Supreme Court of Oklahoma · 1990
  4. In Re Ferro Corp. Derivative LitigationCourt of Appeals for the Sixth Circuit · 2008
  5. Allison Ex Rel. General Motors Corp. v. General Motors Corp.District Court, D. Delaware · 1985

76 more not listed; retrieve them via the Exa API.

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