Strougo Ex Rel. the Brazil Fund, Inc. v. Padegs
District Court, S.D. New York
1Opinion of the Court
OPINION
SWEET, District Judge.
Nominal defendant The Brazil Fund, Inc. (the “Fund”) has moved to dismiss the shareholder derivative complaint of Robert Strougo (“Strougo”) under Rule 12(b)(6), Fed.R.Civ.P., or, in the alternative, for summary judgment pursuant to Rule 56, Fed. R.Civ.P, based upon the determination of a special litigation committee of its Board of Directors (the “SLC”) that the continued prosecution of this action is not in the best interests of the Fund and its shareholders.
Plaintiff Strougo has moved to remove defendants’ designation as confidential, pursuant to the…
2Cases cited29 opinions
- Burks v. LaskerSupreme Court of the United States · 1979
- Fed. Sec. L. Rep. P 98,860 Athalie Doris Joy v. Nelson L. North, Nelson L. NorthCourt of Appeals for the Second Circuit · 1982
- Auerbach v. BennettNew York Court of Appeals · 1979
- Zapata Corp. v. MaldonadoSupreme Court of Delaware · 1981
- De Jesus v. Sears, Roebuck & Co.Court of Appeals for the Second Circuit · 1996
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3Cited by13 opinions
- Einhorn v. CuleaWisconsin Supreme Court · 2000
- Cutshall v. BarkerIndiana Court of Appeals · 2000
- Higgins v. New York Stock Exchange, Inc.New York Supreme Court · 2005
- Strougo v. BEA ASSOCIATESDistrict Court, S.D. New York · 2002
- Strougo v. BassiniDistrict Court, S.D. New York · 2000
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