Gries Sports Enterprises, Inc. v. Cleveland Browns Football Co.

I concur in Justice Holmes’ dissent, but must add a number of additional observations. I concur in the syllabus law of this case but I feel that the majority’s misapplication of the law to the facts is a travesty. I am troubled by the prospect of serious damage to the fabric of corporate law which will surely result from the majority’s opinion. Even a casual observer is aware of the growing crisis facing corporations in recruiting capable women and men to manage corporate affairs. The majority’s decision will exacerbate this problem.

I

The Delaware business judgment rule provides that a board…