Legal Opinion
Agostino v. Hicks
Court of Chancery of Delaware
Decided March 22, 2004No. C.A. 20020-NCPublishedCited by 63 opinions
1Opinion of the Court
MEMORANDUM OPINION
CHANDLER, Chancellor.
Pending before the Court is defendants’ motion to dismiss plaintiffs amended complaint on the ground that it states derivative, as opposed to individual or direct, claims. Plaintiff was a shareholder of Via-systems Group, Inc. (“Viasystems” or the “Company”) until his shares were eliminated without consideration after the Company filed for bankruptcy. For the reasons detailed below, I hold that the complaint states only derivative claims, which were extinguished in bankruptcy.
I. FACTUAL ALLEGATIONS
Viasystems was founded in 1996 by Hicks, Muse, Tate and…
2Cases cited19 opinions
- Brehm v. EisnerSupreme Court of Delaware · 2000
- Fed. Sec. L. Rep. P 98,860 Athalie Doris Joy v. Nelson L. North, Nelson L. NorthCourt of Appeals for the Second Circuit · 1982
- Zapata Corp. v. MaldonadoSupreme Court of Delaware · 1981
- Smith v. Van GorkomSupreme Court of Delaware · 1985
- Paramount Communications Inc. v. QVC Network Inc.Supreme Court of Delaware · 1994
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3Cited by63 opinions
- North American Catholic Educational Programming Foundation, Inc. v. GheewallaSupreme Court of Delaware · 2007
- Gentile v. RossetteSupreme Court of Delaware · 2006
- Grosset v. WenaasCalifornia Supreme Court · 2008
- Schroeder v. Pinterest Inc.Appellate Division of the Supreme Court of the State of New York · 2015
- Citigroup Inc. v. AHW Investment Partnership, MFS, Inc.Supreme Court of Delaware · 2016
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